SIGNATURE
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.
AMERICAN BUSINESS FINANCIAL SERVICES, INC.
DATE: November 12, 2004 By: /s/ Albert W. Mandia
Albert W. Mandia
Executive Vice President and
Chief Financial Officer
(principal financial officer)
163
EXHIBIT
NUMBER DESCRIPTION
-------- ---------------------------------------------------------------------------------------------
10.1 Amendment No. 2, dated as of June 24, 2004, to Sale and Servicing Agreement, among ABFS
Balapointe, Inc., as depositor, HomeAmerican Credit, Inc., d/b/a Upland Mortgage ("Upland"),
American Business Mortgage Services, Inc. ("ABMS" together with Upland, the "Originators"),
and American Business Credit, Inc., as servicer, ABFS Mortgage Loan Warehouse Trust 2003-1, as
trust, American Business Financial Services, Inc., as sponsor, JPMorgan Chase Bank, as
indenture trustee, JPMorgan Chase Bank, as collateral agent, and JPMorgan Chase Bank, as note
purchaser.
10.2 Amendment No. 3, dated as of June 30, 2004, to Sale and Servicing Agreement, among ABFS
Balapointe, Inc., as depositor, HomeAmerican Credit, Inc., d/b/a Upland Mortgage ("Upland"),
American Business Mortgage Services, Inc. ("ABMS" together with Upland, the "Originators"),
and American Business Credit, Inc., as servicer, ABFS Mortgage Loan Warehouse Trust 2003-1, as
trust, American Business Financial Services, Inc., as sponsor, JPMorgan Chase Bank, as
indenture trustee, JPMorgan Chase Bank, as collateral agent, and JPMorgan Chase Bank, as note
purchaser.
10.3 Seventh Waiver Letter, dated as of October 31, 2004, from JPMorgan Chase Bank regarding (i)
the Sale and Servicing Agreement, dated as of September 22, 2003, among ABFS Balapointe, Inc.,
HomeAmerican Credit, Inc., American Business Mortgage Services, Inc., American Business
Credit, Inc., ABFS Mortgage Loan Warehouse Trust 2003-1 ("Trust"), American Business Financial
Services, Inc., and JPMorgan Chase Bank, as indenture trustee and collateral agent ("Indenture
Trustee") and JPMorgan Chase Bank, as note purchaser, and (ii) the Indenture, dated as of
September 22, 2003, between the Trust and the Indenture Trustee.
10.4 Amendment No. 6, dated as of November 5, 2004, to Sale and Servicing Agreement, among ABFS
Balapointe, Inc., as depositor, HomeAmerican Credit, Inc., d/b/a Upland Mortgage ("Upland"),
American Business Mortgage Services, Inc. ("ABMS" together with Upland, the "Originators"),
and American Business Credit, Inc., as servicer, ABFS Mortgage Loan Warehouse Trust 2003-1, as
trust, American Business Financial Services, Inc., as sponsor, JPMorgan Chase Bank, as
indenture trustee, JPMorgan Chase Bank, as collateral agent, and JPMorgan Chase Bank, as note
purchaser.
10.5 Master Loan and Security Agreement, dated as of November 4, 2004, by and between Penn Square
East Funding, LLC, as Borrower, and Fortress Credit Corp., as Lender.
10.6 Asset Purchase Agreement, dated as of November 4, 2004, between HomeAmerican Credit, Inc. and
American Business Mortgage Services, Inc., jointly and severally, as Sellers, and Penn Square
East Funding, LLC, as Purchaser.
164
EXHIBIT
NUMBER DESCRIPTION
-------- ---------------------------------------------------------------------------------------------
10.7 Servicing Agreement, dated as of November 4, 2004, between Penn Square East Funding, LLC, as
Owner, Fortress Credit Corp., as Lender, American Business Mortgage Services, Inc. and
HomeAmerican Credit, Inc., jointly and severally, as Servicer, and Countrywide Home Loans
Servicing LP, as Backup Servicer.
10.8 Pledge and Security Agreement, dated as of November 4, 2004, made and given by HomeAmerican
Credit, Inc. and American Business Mortgage Services, Inc., each a Grantor and, collectively,
Grantors, in favor of Fortress Credit Corp., as Secured Party.
10.9 Commitment Letter, dated as of October 26, 2004, from The Patriot Group, LLC to American
Business Financial Services, Inc.
10.10 Letter, dated November 8, 2004, amending Commitment Letter,
dated October 26, 2004, from The Patriot Group, LLC to
American Business Financial Services, Inc.
10.11 Consents and Amendment to Fee Letter, dated October 26,
2004, from Clearwing Capital, LLC to ABFS Consolidated
Holdings, Inc.
10.12 Commitment Letter, dated as of November 1, 2004, from The CIT Group/Business Credit, Inc. and
Clearwing Capital, LLC to American Business Financial Services, Inc.
31.1 Chief Executive Officer's Certificate
31.2 Chief Financial Officer's Certificate
32.1 Certification pursuant to Section 906 of the Sarbanes Oxley Act of 2002.
165
|