ON DECK CAPITAL, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 4th, 2014 • On Deck Capital Inc • Finance services • Delaware
This Indemnification Agreement (this “Agreement”) is dated as of , 20 and is between On Deck Capital, Inc., a Delaware corporation (the “Company”), and (“Indemnitee”).
] Shares ON DECK CAPITAL, INC. COMMON STOCK, $0.01 PAR VALUE PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • November 4th, 2014 • On Deck Capital Inc • Finance services • New York
AGREEMENT AND PLAN OF MERGER by and among ENOVA INTERNATIONAL, INC., ENERGY MERGER SUB, INC. and ON DECK CAPITAL, INC. Dated as of July 28, 2020Merger Agreement • July 29th, 2020 • On Deck Capital, Inc. • Finance services • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 28, 2020, by and among Enova International, Inc., a Delaware corporation (“Parent”), Energy Merger Sub, Inc., a Delaware corporation and an indirect wholly owned subsidiary of Parent (“Merger Sub”), and On Deck Capital, Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are sometimes referred to as a “Party” and collectively, as the “Parties.” All capitalized terms that are used in this Agreement have the respective meanings given to them in this Agreement.
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 12, 2019 among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, as Borrower VARIOUS LENDERS, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent and Collateral Agent, DEUTSCHE BANK TRUST...Credit Agreement • May 9th, 2019 • On Deck Capital, Inc. • Finance services • New York
This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 12, 2019, is entered into by and among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, a Delaware limited liability company (“Company”), the Lenders party hereto from time to time, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent for the Class A Revolving Lenders (in such capacity, “Administrative Agent”) and as Collateral Agent for the Secured Parties (in such capacity, “Collateral Agent”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent for the Lenders (in such capacity, “Paying Agent”), and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as Lead Arranger, Syndication Agent (in such capacity, “Syndication Agent”) and Documentation Agent (in such capacity, “Documentation Agent”).
ContractPreferred Stock Purchase Warrant • November 10th, 2014 • On Deck Capital Inc • Finance services • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 17, 2018 among RECEIVABLE ASSETS OF ONDECK, LLC, as Borrower VARIOUS LENDERS, and Suntrust Bank, as Administrative Agent and WELLS FARGO BANK, N.A., as Paying Agent and Collateral Agent...Credit Agreement • March 1st, 2019 • On Deck Capital, Inc. • Finance services • New York
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 17, 2018, is entered into by and among Receivable Assets of ONDECK, LLC, a Delaware limited liability company (“Company”), the Lenders party hereto from time to time and SUNTRUST BANK, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), WELLS FARGO BANK, N.A., as Paying Agent (in such capacity, “Paying Agent”) and as Collateral Agent for the Secured Parties (in such capacity, “Collateral Agent”).
October 29, 2014 Dear Howard,Employment Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services
This letter agreement (the “Agreement”) is entered into between On Deck Capital, Inc., a Delaware corporation (“Company” or “we”) and you. This Agreement is effective as of the date you sign this Agreement, as indicated below. The purpose of this Agreement is to confirm the current terms and conditions of your employment, and to replace any previous terms and conditions that may conflict with this letter.
ONDECK ASSET SECURITIZATION TRUST II LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Indenture Trustee BASE INDENTURE Dated as of May 17, 2016 Asset Backed Notes (Issuable in Series of Notes)Base Indenture • August 9th, 2016 • On Deck Capital, Inc. • Finance services • New York
BASE INDENTURE, dated as of May 17, 2016, between ONDECK ASSET SECURITIZATION TRUST II LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Indenture Trustee”).
Amended and Restated Loan and Security AgreementLoan and Security Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • North Carolina
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as it may be amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into on the above date between SQUARE 1 BANK (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, and the borrower named above (“Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
ON DECK CAPITAL, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Noah Breslow (“Executive”) and On Deck Capital, Inc., a Delaware corporation (the “Company”), effective as of [ ], 2014 (the “Effective Date”).
AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 15, 2014 among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, as Borrower VARIOUS LENDERS, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent and Collateral Agent, DEUTSCHE BANK TRUST...Credit Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 15, 2014, is entered into by and among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, a Delaware limited liability company (“Company”), the Lenders party hereto from time to time, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent for the Class A Revolving Lenders (in such capacity, “Administrative Agent”) and as Collateral Agent for the Secured Parties (in such capacity, “Collateral Agent”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent for the Lenders (in such capacity, “Paying Agent”), and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as Lead Arranger, Syndication Agent (in such capacity, “Syndication Agent”) and Documentation Agent (in such capacity, “Documentation Agent”).
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of March 21, 2011 by and among SMALL BUSINESS ASSET FUND 2009 LLC, as the Borrower, EACH SUBSEQUENT LENDER PARTY HERETO FROM TIME TO TIME, as the Lenders, and DEUTSCHE BANK TRUST COMPANY...Loan and Security Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated March 21, 2011, which amends and restates the Amended and Restated Loan and Security Agreement dated July 13, 2009, and is effective for all purposes as of April 24, 2009, is by and among Small Business Asset Fund 2009 LLC, a Delaware limited liability company (the “Borrower”), each Lender (as defined herein) a party hereto from time to time, and Deutsche Bank Trust Company Americas, a New York banking corporation, as collateral agent (the “Collateral Agent”).
AGREEMENT OF LEASE 1400 Broadway Associates L.L.C., Landlord and On Deck Capital, Inc., TenantLease Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
LEASE made as of this 25th day of September, 2012, between 1400 Broadway Associates L.L.C., a New York limited liability company with an address c/o Newmark Grubb Knight Frank, 125 Park Avenue, New York, New York 10017 (hereinafter referred to as “Landlord”) and On Deck Capital, Inc., a Delaware corporation with an address at 155 East 56th Street, New York, New York 10022 (hereinafter referred to as “Tenant”).
ON DECK CAPITAL, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 7th, 2017 • On Deck Capital, Inc. • Finance services • New York
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between [ ] (“Executive”) and On Deck Capital, Inc., a Delaware corporation (the “Company”), effective as of [ ] (the “Effective Date”).
MANAGED APPLICANT COMMISSION AGREEMENTManaged Applicant Commission Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • Virginia
This Managed Applicant Commission Agreement (this “Agreement”) is made as of the date set forth below, (“Effective Date”) by and between On Deck Capital, Inc., a Delaware corporation located at 1400 Broadway, New York, NY 10018 (“On Deck”) and the Applicant Manager (defined below) (each may be referred to herein as a “Party” or collectively as “Parties”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms as set forth in Section 7.9 of this Agreement. In consideration of the mutual promises and the terms and conditions set forth below, the Parties agree as follows:
Truist Bank, as Administrative Agent and The Lenders Party to the Credit Agreement (as defined below) Mail Code GA-ATL-3950Credit Agreement • August 7th, 2020 • On Deck Capital, Inc. • Finance services • New York
WAIVER AGREEMENTWaiver Agreement • May 15th, 2020 • On Deck Capital, Inc. • Finance services • New York
THIS WAIVER AGREEMENT (this “Agreement”) is made as of May 14, 2020 (the “Effective Date”), by and among Deutsche Bank AG, New York Branch (“DBNY” and the “Administrative Agent”), OnDeck Account Receivables Trust 2013-1 LLC, as a borrower (the “Borrower”), and Vervent Inc., as Backup Servicer.
May 2, 2018 Dear Cory,Employment Agreement • May 8th, 2018 • On Deck Capital, Inc. • Finance services
This letter agreement (the “Agreement”) is entered into between On Deck Capital, Inc., a Delaware corporation (“Company” or “we”), and you. This Agreement is effective as of the date you sign this Agreement, as indicated below. The purpose of this Agreement is to confirm the current terms and conditions of your employment, and to replace any previous terms and conditions that may conflict with this letter.
ContractBase Indenture Amendment • August 7th, 2018 • On Deck Capital, Inc. • Finance services • New York
AMENDMENT NO. 1 (this “Amendment”), dated as of April 17, 2018, to the BASE INDENTURE, dated as of May 17, 2016 (as amended, restated or otherwise modified from time to time in accordance with the terms thereof, the “Base Indenture”), between OnDeck Asset Securitization Trust II LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (in such capacity, the “Indenture Trustee”).
AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTFourth Amended and Restated Credit Agreement • May 15th, 2020 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of May 14, 2020, is entered into by and among RECEIVABLE ASSETS OF ONDECK, LLC, a Delaware limited liability company (“Company”), the Lenders party hereto constituting the Requisite Lenders and SUNTRUST BANK, as Administrative Agent (in such capacity, the “Administrative Agent”).
NOTE ISSUANCE AND PURCHASE AGREEMENT dated as of November 25, 2015 among ONDECK ASSET POOL, LLC,Note Issuance and Purchase Agreement • March 3rd, 2016 • On Deck Capital, Inc. • Finance services • New York
This NOTE ISSUANCE AND PURCHASE AGREEMENT, dated as of November 25, 2015, is entered into by and among ONDECK ASSET POOL, LLC, a Delaware limited liability company ("Company" or the "Issuer"), the Purchasers party hereto from time to time and JEFFERIES FUNDING LLC, as Administrative Agent for the Purchasers (in such capacity, "Administrative Agent") and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent (in such capacity, "Paying Agent") and as Collateral Agent for the Secured Parties (in such capacity, "Collateral Agent").
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • May 22nd, 2020 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT (this “Amendment”) dated as of May 19, 2020, is entered into by and among ONDECK ASSET FUNDING II LLC, a Delaware limited liability company (“Company”), the Lenders party hereto which constitute all the Lenders currently party to the Credit Agreement (as defined below) and ARES AGENT SERVICES, L.P., as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”).
LEASE MODIFICATION AGREEMENTLease Modification Agreement • March 10th, 2015 • On Deck Capital Inc • Finance services
THIS LEASE MODIFICATION AGREEMENT (this “Agreement”) is made as of the 3rd day of March, 2015, by and between ESRT 1400 Broadway, L.P., with an address at c/o Empire State Realty Trust, 60 East 42nd Street, New York, New York 10165 (“Landlord”) and On Deck Capital, Inc., with an address at 1400 Broadway, 25th Floor, New York, New York 10018 (“Tenant”).
NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • Delaware
This NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 13th day of March, 2014 (the “Effective Date”), by and among On Deck Capital, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and each of the stockholders listed on Schedule B hereto, each referred to herein as a “Key Holder”.
AMENDMENT NO. 3 TO THE CREDIT AGREEMENTCredit Agreement • May 11th, 2020 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 3 TO THE CREDIT AGREEMENT (this “Amendment”) dated as of April 27, 2020, is entered into by and among LOAN ASSETS OF ONDECK, LLC, a Delaware limited liability company (“Company”), the Lenders party hereto and 20 GATES MANAGEMENT LLC, as Administrative Agent for the Class A Lenders (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 TO THE CREDIT AGREEMENTCredit Agreement • May 9th, 2019 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 1 TO THE CREDIT AGREEMENT (this “Amendment”) dated as of September 5, 2018, is entered into by and among LOAN ASSETS OF ONDECK, LLC, a Delaware limited liability company (“Company”), the Lender party hereto which constitutes the affected Lender and 20 GATES MANAGEMENT LLC, as Administrative Agent for the Class A Lenders (in such capacity, the “Administrative Agent”).
Truist Bank, as Administrative Agent and The Lenders Party to the Credit Agreement (as defined below) Mail Code GA-ATL-3950 Atlanta, GA 30326 Attention: Amanda Parks Amanda.Parks@suntrust.com Fax: (404) 926-5100 Re: Limited ConsentLimited Consent • August 7th, 2020 • On Deck Capital, Inc. • Finance services • New York
Reference is hereby made to that certain Credit Agreement dated as of January 28, 2019 (as the same has been and may hereafter be amended, restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”) by and among ON DECK CAPITAL, INC., a Delaware corporation, as the Company, TRUIST BANK (as successor to SUNTRUST BANK), as administrative agent for the “Revolving Lenders” party to the Credit Agreement (in such capacity, “Administrative Agent”) and each of the Lenders from time to time party thereto. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
Third Amendment to Second Amended and RestatedLoan and Security Agreement • March 1st, 2019 • On Deck Capital, Inc. • Finance services • North Carolina
This THIRD AMENDMENT TO SECOND Amended and Restated LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into between PACIFIC WESTERN BANK, a California state chartered bank (“Lender”), the borrower named above (“Borrower”) and the guarantors named above (jointly and severally, the “Guarantor”, and together with the Lender and the Borrower, the “Parties”).
May 2, 2018 Dear Andrea,Employment Agreement • May 8th, 2018 • On Deck Capital, Inc. • Finance services
This letter agreement (the “Agreement”) is entered into between On Deck Capital, Inc., a Delaware corporation (“Company” or “we”), and you. This Agreement is effective as of the date you sign this Agreement, as indicated below. The purpose of this Agreement is to confirm the current terms and conditions of your employment, and to replace any previous terms and conditions that may conflict with this letter.
TEMPORARY WAIVER AND CONSENTTemporary Waiver and Consent • May 15th, 2020 • On Deck Capital, Inc. • Finance services • New York
This TEMPORARY WAIVER AND CONSENT (this “Waiver and Consent”) dated as of May 14, 2020 is entered into by and among ONDECK ASSET FUNDING II, LLC, a Delaware limited liability company (“Company”), solely with respect to Section 3, On Deck Capital, Inc., a Delaware corporation (“Holdings”), the Lenders party hereto which constitute all the Lenders currently party to the Credit Agreement (defined below) and ARES AGENT SERVICES, L.P., as Administrative Agent (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 11th, 2015 • On Deck Capital Inc • Finance services • New York
This AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of May 22, 2015, is entered into by and among ON DECK ASSET COMPANY, LLC, a Delaware limited liability company (“Company”), the Lender party hereto which constitutes each affected Lender, and WC 2014-1, LLC, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”).
AMENDMENT NO. 3 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 7th, 2020 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 3 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of August 3, 2020, is entered into by and among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, a Delaware limited liability company (“Company”), the Lenders party hereto which constitute each affected Lender and DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent for the Class A Revolving Lenders (in such capacity, “Administrative Agent”).
Second Amended and Restated Loan and Security AgreementLoan and Security Agreement • March 2nd, 2017 • On Deck Capital, Inc. • Finance services • North Carolina
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as it may be amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into on the above date between PACIFIC WESTERN BANK, a California state chartered bank (successor by merger to Square 1 Bank) (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, and the borrower named above (“Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”), and the Guarantor named above (“Guarantor”), a Delaware limited liability company and wholly-owned Subsidiary of Borrower. The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below. As used herein, “Loan Party” and “Loan Parties” mean, jointly and severally, Borrower and Guarantor.)
AMENDMENT NO. 4 TO THE CREDIT AGREEMENTCredit Agreement • March 1st, 2019 • On Deck Capital, Inc. • Finance services • New York
This AMENDMENT NO. 4 TO THE CREDIT AGREEMENT (this “Amendment”) dated as of November 19, 2018, is entered into by and among PRIME ONDECK RECEIVABLE TRUST II, LLC, a Delaware limited liability company (“Company”), the Lenders party hereto which constitute each affected Lender and CREDIT SUISSE AG, NEW YORK BRANCH as Administrative Agent for the Class A Lenders (in such capacity, the “Administrative Agent”).
PERFORMANCE UNIT AGREEMENTPerformance Unit Agreement • September 21st, 2016 • On Deck Capital, Inc. • Finance services • New York
Unless otherwise defined herein, the terms defined in the On Deck Capital, Inc. (the “Company”) 2014 Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Performance Unit Agreement below (the “Award Agreement”), which includes the Notice of Performance Unit Grant (the “Notice of Grant”) and Terms and Conditions of Performance Unit Grant, attached hereto as Exhibit A.
