Form 8K Exhibits
UNITED STATES
SECURITIES AND
EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13
or 15(d)
of the Securities
Exchange Act of 1934
Date
of Report (Date of earliest event reported): August 22, 2003
Encore Capital Group,
Inc.
(Exact Name of
Registrant as Specified in its Charter)
Delaware
|
000-26489 |
48-1090909 |
(State or other jurisdiction of |
(Commission File Number) |
(I.R.S Employer |
incorporation or organization) |
|
Identification No.) |
5775 Roscoe Court
San Diego, California
92123
(Address of Principal
Executive Offices) (Zip Code)
(877) 445-4581
(Registrants
Telephone Number, Including Area Code)
Item 7. Financial
Statements and Exhibits.
|
4.1 |
Registration
Rights Agreement, dated as of December 20, 2000, between the Company and
CFSC Capital Corp. VIII (1) |
|
4.2 |
Amended
and Restated Registration Rights Agreement, dated as of October 31, 2000,
between the Company and the several stockholders listed
therein |
|
4.3 |
First Amendment, dated as of March 13, 2001, to Amended and Restated Registration
Rights Agreement, dated as of October 31, 2000, between
the Company and the several stockholders listed therein |
|
4.4 |
Warrant
Agreement, dated as of December 20, 2000, between the Company and CFSC
Capital Corp. VIII |
|
10.1 |
Fifth
Amendment to the Office Lease for the property located at 4310 E. Broadway
Road, Phoenix, Arizona |
|
10.2 |
Acknowledgement,
dated April 15, 2003, of limited guaranty by Nelson Peltz, Peter
May, Triarc Companies, the Company and Chandler Family
Partnership originally dated August 28, 1998 |
|
10.3 |
Servicing
Agreement, dated as of January 29, 1998, among West Capital Financial
Services Corp., West Capital Receivables Corporation I
and Norwest Bank Minnesota, National Association (1) |
|
10.4 |
Supplement
to Servicing Agreement, dated May 22, 2000 (1) |
|
10.5 |
Letter
agreement, dated December 27, 2000, between Daiwa Finance Corporation and
Midland Credit Management, Inc. |
|
10.6 |
Servicing
Agreement, dated December 27, 2000 (1) |
|
10.7 |
Amendment
No. 1, dated as of November 28, 2001, to the Servicing Agreement dated
December 27, 2000 (1) |
|
10.8 |
Servicing
Agreement, dated as of December 20, 2000, relating to the Secured Financing
Facility |
|
10.9 |
First
Amendment to Servicing Agreement relating to the Secured Financing Facility,
dated as of May 1, 2002 (1) |
|
10.10 |
Second
Amendment to Servicing Agreement relating to the Secured Financing Facility,
dated as of June 26, 2003 (1) |
|
10.11 |
Exclusivity
Agreement, dated December 20, 2000, by and among MRC Receivables
Corporation, Midland Credit Management, Inc., the Company
and CFSC Capital Corp. VIII (1) |
|
(1) |
Certain confidential portions of these exhibits were omitted by means of
redacting a portion of the text and replacing it with asterisks. These exhibits
have been filed separately with the Secretary of the Commission without the
redaction pursuant to the Registrants application requesting confidential
treatment under Rule 406 under the Securities Act. |
2
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused
this report to be signed on its behalf by the undersigned thereunto duly authorized.
|
|
ENCORE CAPITAL GROUP, INC.
|
Date: |
August 22, 2003 |
By/s/ Barry R. Barkley
|
|
|
Barry R. Barkley |
|
|
Executive Vice President, |
|
|
Chief Financial Officer and Treasurer |
3
EXHIBIT INDEX
|
4.1 |
Registration
Rights Agreement, dated as of December 20, 2000, between the Company and
CFSC Capital Corp. VIII (1) |
|
4.2 |
Amended
and Restated Registration Rights Agreement, dated as of October 31, 2000,
between the Company and the several stockholders listed
therein |
|
4.3 |
First
Amendment, dated as of March 13, 2001, to Amended and Restated Registration
Rights Agreement, dated as of October 31, 2000, between
the Company and the several stockholders listed therein |
|
4.4 |
Warrant
Agreement, dated as of December 20, 2000, between the Company and CFSC
Capital Corp. VIII |
|
10.1 |
Fifth
Amendment to the Office Lease for the property located at 4310 E. Broadway
Road, Phoenix, Arizona |
|
10.2 |
Acknowledgement,
dated April 15, 2003, of limited guaranty by Nelson Peltz, Peter
May, Triarc Companies, the Company and Chandler Family
Partnership originally dated August 28, 1998 |
|
10.3 |
Servicing
Agreement, dated as of January 29, 1998, among West Capital Financial
Services Corp., West Capital Receivables Corporation I
and Norwest Bank Minnesota, National Association (1) |
|
10.4 |
Supplement
to Servicing Agreement, dated May 22, 2000 (1) |
|
10.5 |
Letter
agreement, dated December 27, 2000, between Daiwa Finance Corporation and
Midland Credit Management, Inc. |
|
10.6 |
Servicing
Agreement, dated December 27, 2000 (1) |
|
10.7 |
Amendment
No. 1, dated as of November 28, 2001, to the Servicing Agreement dated
December 27, 2000 (1) |
|
10.8 |
Servicing
Agreement, dated as of December 20, 2000, relating to the Secured Financing
Facility |
|
10.9 |
First
Amendment to Servicing Agreement relating to the Secured Financing Facility,
dated as of May 1, 2002 (1) |
|
10.10 |
Second
Amendment to Servicing Agreement relating to the Secured Financing Facility,
dated as of June 26, 2003 (1) |
|
10.11 |
Exclusivity
Agreement, dated December 20, 2000, by and among MRC Receivables
Corporation, Midland Credit Management, Inc., the Company
and CFSC Capital Corp. VIII (1) |
|
(1) |
Certain confidential portions of these exhibits were omitted by means of
redacting a portion of the text and replacing it with asterisks. These exhibits
have been filed separately with the Secretary of the Commission without the
redaction pursuant to the Registrants application requesting confidential
treatment under Rule 406 under the Securities Act. |
4