Acknowledged and Agreed to: NEW CENTURY FINANCIAL CORPORATION By: Its: Dated: /s/ Brad A. Morrice President and Chief Executive Officer May 16, 2007
EXHIBIT 10.1
May 11, 2007
Brad Morrice
President and Chief Executive Officer
New Century Financial Corporation
18400 Von Karman, Suite 1000
Irvine, CA 92612
Re: Agreement for Interim Management and Restructuring Services First Amendment
Dear Brad:
This letter represents the first amendment (First Amendment) to the agreement between AP Services, LLC, a Michigan limited liability company (APS) and New Century Financial Corporation (the Company) dated March 22, 2007 (the Engagement Letter). This First Amendment shall be effective as of May 11, 2007 (the Effective Date). The Engagement Letter shall remain effective with respect to all periods and events prior to the Effective Date and, except as expressly modified by this First Amendment, the Engagement Letter shall remain in full force and effect after such date.
1. The following is incremental to the section titled Objective and Tasks.
APS will provide Holly Felder Etlin to serve as the Companys Chief Restructuring Officer (CRO), reporting to the Companys Chief Executive Officer (CEO) and Board of Directors. Working collaboratively with the senior management team, the Board of Directors and other Company professionals, Ms. Etlin will assist the Company in evaluating and implementing strategic and tactical options through the restructuring process by performing those tasks outlined in the Engagement Letter and include, without limitation, the following: (i) strengthening the Companys core competencies in the finance organization, particularly cash management, planning, general accounting and financial reporting information management and with communicating and reporting to the Companys stakeholders and representatives, (ii) developing and implementing cash management strategies, tactics and processes and (iii) managing the claim and claim reconciliation process and supervising the preparation of reports required by the Bankruptcy Court, including, without limitation, bankruptcy schedules and statements of financial affairs. As CRO, Ms. Etlin shall have such additional duties as set forth by the Bankruptcy Court or the Companys Board of Directors or CEO.
2. | Schedule 2 to the Engagement Letter, Disclosures, is hereby replaced in its entirety by the attached Schedule 2. |
3. | Exhibit A, Temporary Staff, is replaced in its entirety with the attached Exhibit A dated May 11, 2007. |
If these terms meet with your approval, please sign and return the enclosed copy of this First Amendment.
We look forward to our continuing relationship with you.
Sincerely yours,
AP Services, LLC
/s/ Holly Felder Etlin
Holly Felder Etlin
Managing Director
Acknowledged and Agreed to: | ||
NEW CENTURY FINANCIAL CORPORATION | ||
By: Its: Dated: | /s/ Brad A. Morrice President and Chief Executive Officer May 16, 2007 | |