Exhibit 10.2
ACKNOWLEDGMENT OF LIMITED GUARANTY The undersigned refers to (i) the Limited Guaranty, dated August 28, 1998, executed by the undersigned in favor of Bank of America, N.A., formerly known as NationsBank, N.A., and (ii) the Limited Guaranty, dated September 25, 1998, executed by the undersigned in favor of Bank of America, N.A., formerly known as NationsBank, N.A. (collectively, the "Guaranties"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the Guaranties) with respect to certain Notes (as defined in each of the Guaranties) executed by Midland Credit Management Inc. to the order of NationsBank, N.A. and in the aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of the Notes, (B) any reference to "Note" in a Guaranty shall mean the New Note, as amended or otherwise modified from time to time, and (C) each Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of $5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the 15 day of April, 2003. Witnessed By: Guarantor: /s/ Stuart Rosen______________ /s/ Peter W. May______________ (Seal) Stuart Rosen Peter W. May ____________________________ ____________________________ Print Name and Title Print Individual's Name Individual Acknowledgment State of New York______________) ) County of New York____________ ) This instrument was acknowledged before me on April 15, 2003, by _______Peter W. May___________. (Guarantor) (Seal) /s/ Stefanie A. Firtell______________ _____________________________________ Notary Public in and for the State of New York June 10, 2006 Stefanie A. Firtell _________________ _________________ My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the __ day of April, 2003. Witnessed By: Guarantor: _________________ _________________ (Seal) _________________ _________________ Print Name and Title Print Individual's Name Corporate or Partnership Guarantor: TRIARC COMPANIES, INC. (Name of Corporation, Partnership, etc.) By: /s/ Francis T. McCarron_________________(Seal) Name: Francis T. McCarron_________________ Title: Senior Vice President Chief Financial Officer /s/ Stuart Rosen __________________________________ Attest (If Applicable) [Corporate Seal] Corporate Acknowledgment State of New York _________________ ) ) County of New York _________________ ) This instrument was acknowledged before me on _April 15_________, 2003, by Francis T. McCarron, Senior V.P.-Chief Financial Officer of Triarc Companies, Inc., a ___Delaware__________ corporation, on behalf of said corporation. (Seal) /s/ Stefanie A. Firtell_________________ _________________ Notary Public in and for the State of New York June 10, 2006 Stefanie A. Firtell _________________ _________________ My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the 15 day of April, 2003. Witnessed By: Guarantor: /s/ Stuart Rosen_________________ /s/ Nelson Peltz_________________ (Seal) Stuart Rosen Nelson Peltz ____________________________ ____________________________ Print Name and Title Print Individual's Name Individual Acknowledgment State of New York_________________ ) ) County of New York _________________ ) This instrument was acknowledged before me on April 15, 2003, by _______Nelson Peltz___________. (Guarantor) (Seal) /s/ Stefanie A. Firtell_________________ Notary Public in and for the State of New York June 10, 2006 Stefanie A. Firtell My Commission Expires Print Name of Notary
ACKNOWLEDGMENT OF LIMITED GUARANTY The undersigned refers to the Limited Guaranty, dated September 25, 1998, executed by the undersigned in favor of Bank of America, N.A., formerly known as NationsBank, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the Guaranty) with respect to certain Notes (as defined in the Guaranty) executed by Midland Credit Management Inc. in favor of NationsBank, N.A. in the aggregate original principal amount of $15,000,000, in each case subject to the limitations set forth in paragraph 1 of the Guaranty (the "Guaranty Limit"). The undersigned acknowledges and confirms that (A) the Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of the Notes, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from time to time, and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of $5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the __ day of April, 2003. Witnessed By: Guarantor: _________________ _________________(Seal) _________________ _________________ Print Name and Title Print Individual's Name Corporate or Partnership Guarantor: CONSOLIDATED PRESS HOLDINGS LTD. (Name of Corporation, Partnership, etc.) By: /s/ G. A. Cubben_________________ (Seal) Name: G. A. Cubben Title: Director /s/ R. B. Davis, Company Secretary_________________ __________________________________ Attest (If Applicable) [Corporate Seal] Corporate Acknowledgment State of _________________ ) ) County of _________________ ) This instrument was acknowledged before me on __________, 2003, by __________, ________________ of __________________, a ____________________ corporation, on behalf of said corporation. (Seal) ____________________________ Notary Public in and for the State of _________________ ____________________________ My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the __ day of April, 2003. Witnessed By: Guarantor: /s/ D. Ward /s/ Peter Nigel Stewart Frazer_________________(Seal) D. Ward, P.A. to Major Frazer Peter Nigel Stewart Frazer _________________ _________________ Print Name and Title Print Individual's Name Individual Acknowledgment State of_________________ ) ) County of _________________ ) This instrument was acknowledged before me on ___________, 2003, by . (Guarantor) (Seal) ____________________________ Notary Public in and for the State of______________ _________________ _________________ My Commission Expires Print Name of Notary
ACKNOWLEDGMENT OF LIMITED GUARANTY The undersigned refers to the Limited Guaranty, dated July 15, 1999, executed by the undersigned in favor of Bank of America, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the Guaranty) with respect to a Note (as defined in the Guaranty) executed by Midland Credit Management Inc. in favor of Bank of America, N.A. in the aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of the Note, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from time to time, and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of $5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the __ day of April, 2003. Witnessed By: Guarantor: _________________ _________________ (Seal) _________________ _________________ Print Name and Title Print Individual's Name Corporate or Partnership Guarantor: ENCORE CAPITAL GROUP, INC. (Name of Corporation, Partnership, etc.) By: /s/ Barry R. Barkley_________________(Seal) Name: Barry R. Barkley______________ Title: EVP and CFO______________ _______________________________ Attest (If Applicable) [Corporate Seal] Corporate Acknowledgment State of California______________ ) ) County of San Diego______________ ) This instrument was acknowledged before me on April 10____, 2003, by _Barry Barkley_________, EVP & CFO_______ of Encore Capital Group, Inc.________, a ___Delaware___________ corporation, on behalf of said corporation. /s/ Siobhan MacIver ____________________________ (Seal) Notary Public in and for the State of California July 13, 2008 ____________________________ ____________________________ My Commission Expires
ACKNOWLEDGMENT OF LIMITED GUARANTY The undersigned refers to the Limited Guaranty, dated July 15, 1999, executed by the undersigned in favor of Bank of America, N.A. (the "Guaranty"), pursuant to which the undersigned guaranteed the repayment of the Liabilities (as defined in the Guaranty) with respect to a Note (as defined in the Guaranty) executed by Midland Credit Management Inc. in favor of Bank of America, N.A. in the aggregate original principal amount of $15,000,000. The undersigned acknowledges and confirms that (A) the Seventh Amended and Restated Promissory Note, dated April 10, 2003, executed by Midland Credit Management Inc. to the order of Bank of America, N.A. and in the original principal amount of $5,000,000 (the "New Note"), constitutes a renewal and extension of the Note, (B) any reference to "Note" in the Guaranty shall mean the New Note, as amended or otherwise modified from time to time, and (C) the Guaranty shall remain in full force and effect with respect to the New Note and is hereby ratified and confirmed in all respects. For the avoidance of doubt, this Acknowledgment and all other substantially similar acknowledgments by additional guarantors dated on or about the date hereof relating to the New Note collectively acknowledge guaranties of an aggregate of $5,000,000 plus accrued and unpaid interest.
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the 16th day of April, 2003. Witnessed By: Guarantor: /s/ Lydia Jasso_________________ /s/ Franklin I. Chandler_________________ (Seal) __________________________________ __________________________________ Franklin I. Chandler __________________________________ __________________________________ Print Name and Title Print Individual's Name Corporate or Partnership Guarantor: CHANDLER FAMILIY LIMITED PARNERSHIP (Name of Corporation, Partnership, etc.) By:_________________ (Seal) Name:_________________ Title: Partner_________________ _________________ Attest (If Applicable) [Corporate Seal] Corporate Acknowledgment State of_________________ ) ) County of_________________ ) This instrument was acknowledged before me on April 16__________, 2003, by __________, ________________ of __________________, a ____________________ corporation, on behalf of said corporation. /s/ Lydia Jasso_________________ (Seal) Notary Public in and for the State of Kansas 10-30-03 Lydia Jasso _________________ _________________ My Commission Expires Print Name of Notary My Commission Expires Print Name of Notary
IN WITNESS WHEREOF, the undersigned has caused this Acknowledgment to be executed as of and effective as of the __ day of April, 2003. Witnessed By: Guarantor: _________________ __________________________________ (Seal) _________________ Frankllin Chandler_________________ Print Name and Title Print Individual's Name Individual Acknowledgment State of _________________ ) ) County of _________________ ) This instrument was acknowledged before me on ___________, 2003, by . (Guarantor) (Seal) ____________________________ Notary Public in and for the State of______________ _________________ _________________ My Commission Expires Print Name of Notary