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July 10,
2009
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New York, New York
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FOR VALUE
RECEIVED, the undersigned, ASTA FUNDING ACQUISITION I, LLC,
a Delaware limited liability company, ASTA FUNDING ACQUISITION
II, LLC , a Delaware limited liability company, PALISADES
COLLECTION, L.L.C. , a Delaware limited liability company,
PALISADES ACQUISITION I, LLC , a Delaware limited liability
company, PALISADES ACQUISITION II, LLC , a Delaware limited
liability company, PALISADES ACQUISITION IV, LLC , a
Delaware limited liability company, PALISADES ACQUISITION V,
LLC , a Delaware limited liability company, PALISADES
ACQUISITION VI, LLC , a Delaware limited liability company,
PALISADES ACQUISITION VII, LLC , a Delaware limited
liability company, PALISADES ACQUISITION VIII, LLC , a
Delaware limited liability company, PALISADES ACQUISITION IX,
LLC , a Delaware limited liability company, PALISADES
ACQUISITION X, LLC , a Delaware limited liability company,
CLIFFS PORTFOLIO ACQUISITION I, LLC , a Delaware limited
liability company, SYLVAN ACQUISITION I, LLC , a Delaware
limited liability company, and OPTION CARD, LLC , a Colorado
limited liability company (collectively referred to as “
Borrowers ”), HEREBY PROMISE TO PAY to the order of [
], a [
] corporation (“ Lender ”), at the offices of
ISRAEL DISCOUNT BANK OF NEW YORK, a New York banking
corporation, as Administrative Agent for Lenders (“
Administrative Agent ”), at its address at 511
Fifth Avenue, New York, NY 10017, or at such other place as
Administrative Agent may designate from time to time in writing, in
lawful money of the United States of America and in immediately
available funds, the amount of [
] or, if less, the aggregate unpaid amount of all Advances made at
any time to the undersigned under the “Loan Agreement”
(as hereinafter defined), plus interest on the unpaid balance as
provided in the Loan Agreement. All capitalized terms used but not
otherwise defined herein have the meanings given to them in the
Loan Agreement or in Annex A attached thereto.
This Revolving Note (“ Note
”) is one of the Revolving Notes issued pursuant to that
certain Fourth Amended and Restated Loan Agreement dated as of
July 11, 2006, by and among Borrowers, the other Credit
Parties signatory thereto, Administrative Agent, and the other
Agents and Lenders signatory thereto from time to time (including
all annexes, exhibits and schedules thereto, and as from time to
time amended, restated, supplemented or otherwise modified,
collectively, the “ Loan Agreement ”), and is
one of the Revolving Notes given in renewal of and substitution for
various Revolving Notes payable to the order of Lender. This Note
is entitled to the benefit and security of the Loan Agreement, the
Collateral Documents and all of the other Loan Documents referred
to therein. Reference is hereby made to the Loan Agreement for a
statement of all of the terms and conditions under which the
Revolving Loans evidenced hereby are made and are to be repaid. The
date and amount of each Advance made by Lenders to Borrowers, the
rates of interest applicable thereto and each payment made on
account of the principal thereof, shall be recorded by
Administrative Agent on its books in accordance with the terms of
the Loan Agreement; provided that the failure of Administrative
Agent to make any such recordation shall not affect the obligations
of Borrowers to make a payment when due of any amount
owing
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