Pools will not
be sub-divided, however, potential purchasers interested in smaller segments
of the portfolio should contact LoanTrade Inc. with their specific requirements
and price indications.
On-Site
Due Diligence:
All
potential bidders are encouraged to schedule on-site due diligence visitation
at the Seller’s office location in the Milwaukee, WI area in order to review
sample files from each pool. Please contact LoanTrade for more information and scheduling.
Pre-Bid Due Diligence Information: Portfolio
information including loan data, reports, bid forms and P&S agreement
is available on CD to qualified investors. Detailed loan information is
presented in Microsoft Excel and Dbase file formats. Potential bidders should
sign and return the attached Confidentiality
Agreement to:
LoanTrade
Inc.
Attn: Tim Kirkpatrick or Kim Norris
Phone:
(561) 417-5002
Fax:
(561) 417-5662
Email: tim@loantrade.com or kim@loantrade.com
LoanTrade Inc.
370 W. Camino Gardens Blvd. Suite 300
Boca Raton, FL 33432
IMPORTANT DISCLAIMER
The terms, conditions, and information
presented by LoanTrade Inc. in connection with this portfolio presented
herein were provided to LoanTrade by sources we consider to be reliable,
however, LoanTrade makes no representation as to the accuracy of this information.
LoanTrade cannot guarantee the performance of the Seller.
Seller may reject any and all bids.
Seller may reduce portfolio up to the date of Seller's acceptance
of Buyer's offer to purchase.
CONFIDENTIALITY AGREEMENT FOR REVIEW OF ASSETS
$89 Million Consumer Loan Portfolio
LoanTrade Inc. (“LoanTrade”) in its capacity as broker for its Clients
("Seller") will from time to time make available portfolios of
certain assets ("Assets") for sale to potential investors ("Investor"
or Investors"). In connection
therewith, LoanTrade will permit the review and inspection of documents,
files and other information ("Confidential Information") relating
to the Assets upon receipt by LoanTrade of this Confidentiality Agreement
signed by an Investor. Confidential
Information may include economic, commercial, marketing, financial and customer
information that is confidential and/or proprietary in nature.
Section 1. PURPOSE. The Investor agrees that this Confidentiality
Agreement is executed for the benefit of LoanTrade and Seller with respect
to whose Assets Confidential Information is provided. Investor's review and inspection of the Confidential Information
shall be for the sole purpose of determining whether or not to submit a
bid to purchase some or all of the Assets.
Investor agrees that its review and inspection shall be on its own
behalf and not as an agent, representative or broker of any undisclosed
party.
Section 2. NON-DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.
(a) Investor agrees
that, except as set forth below, all Confidential Information shall be used
by Investor solely for the purpose stated in Section 1 hereof. Investor further agrees not to disclose any
of the Confidential Information, including the name of Seller without prior
written consent of LoanTrade to any third party other than to (i) its employees,
officers, and directors (including those of its affiliates), (ii) its agents
and representatives, including attorneys, accountants and financial advisors,
(iii) insurance and reinsurance firms, or (iv) credit rating agencies (collectively,
"Representatives") (A) whose review is necessary for proper evaluation
by Investor, (B) who are informed by Investor of the confidential nature
of Confidential Information and (C) who are provided with a copy of this
Agreement and agree in writing to be bound by the terms of this Agreement.
(b) The term "Confidential Information"
shall not include information which: (i) is already known to Investor from
other sources known by Investor not to be subject to any confidentiality
obligations (ii) is or becomes generally available to the public other than
as a result of a disclosure by Investor or any of its Representatives or
(iii) is required to be disclosed by law or by regulatory or judicial process.
(c) In the event Investor or any of its Representatives
fails in any respect to comply with its obligations under this Agreement,
Investor shall be liable to LoanTrade and Seller for breach of this Agreement.
In addition, LoanTrade may in its discretion refuse to consider a
bid from the Investor on the Assets.
(d) Nothing in this Agreement shall preclude the
exercise of any other right, power or remedy available to LoanTrade or Seller
under law or in equity. No forbearance,
failure or delay in exercising any such right, power or remedy shall operate
as a waiver thereof or preclude its further exercise.
Section 3. DUPLICATION. Investor shall not make any reproductions other that handwritten summaries
or notes and self-generated computer records, of any item of Confidential
Information without prior written consent of LoanTrade. If Investor decides not to submit a bid or
if the transaction is otherwise not consummated by Investor, Investor and
its Representatives will immediately destroy all Confidential Information
and all copies, reproductions, computer records, notes, summaries, analyses,
or extracts of Confidential Information in Investor's possession or in the
possession of any of its Representatives.
Upon request of LoanTrade, Investor will certify that the requirements
of this Section have been satisfied.
Section 4. CONTACT WITH DEBTORS AND OTHERS. The Investor agrees not to communicate directly
or though a third party without the written permission of LoanTrade, with:
(a) any debtor, guarantor, debtor's or guarantor's accountant or attorney
relative to any Asset, (b) employees or officers of the Seller, or (c) regulatory
authorities responsible directly or indirectly for the federal, state, or
local supervision of Seller.
Section 5. TERMINATION. The restrictions in this Agreement shall terminate
as to any Assets acquired by Investor provided, however, that any claim
by LoanTrade or Seller based on a breach of this agreement occurring prior
to such acquisition shall survive the acquisition unless waived by LoanTrade
or Seller, as applicable, in writing. The terms and conditions of this Agreement shall remain in full
force and effect as to any Assets requested for review by, but not acquired
by Investor.
Section 6, ENTIRE AGREEMENT. This Agreement represents the entire agreement between Investor, LoanTrade
and Seller relating to the treatment of Confidential Information heretofore
or hereafter reviewed or inspected by Investor or its Representatives.
Section 7. HOLD HARMLESS PROVISIONS. The terms, conditions, and other information
presented by LoanTrade in connection with this transaction were provided
to LoanTrade by Seller. LoanTrade makes no representation as to the accuracy
of this information. LoanTrade cannot guarantee the performance of Seller.
Section 8. INDEMNITY. Investor
shall protect, defend, indemnify and hold harmless LoanTrade and Seller,
their partners, officers, directors, agents and representatives against
any and all claims, demands, actions, damages or liability (including attorney's
fees) of any kind or nature, resulting from, arising from or occasioned
in whole or in part by the negligence of either you or a Representative
in use of the Confidential Information
IN WITNESS HEREOF,
a duly authorized representative of Investor has executed this Agreement
as of the date set forth below.
Investor:
____________________________
By:
____________________________
Printed Name & Title: ____________________________
Date of Execution: ____________________________
Street Address: ____________________________
Address: ____________________________
City:
____________________________
State:
____________________________
Phone#:
____________________________
Fax#:
____________________________
Email:
____________________________
Return to LoanTrade Inc.: 370 W.
Camino Gardens Blvd., Suite 300, Boca Raton, FL 33432
FAX (561) 417-5662
TELEPHONE (561) 417-5002 e-mail: tim@loantrade.com
