ATLANTICUS HOLDINGS CORPORATION At Market Issuance Sales AgreementAtlanticus Holdings Corp • August 10th, 2022 • Personal credit institutions • New York
MASTER INDENTUREMaster Indenture • March 27th, 2019 • Atlanticus Holdings Corp • Personal credit institutions • New York
MASTER INDENTURE, dated as of November 9, 2018, among FORTIVA RETAIL CREDIT MASTER NOTE BUSINESS TRUST, a business trust organized under the laws of the State of Nevada, as issuer, ACCESS FINANCING, LLC, a Georgia limited liability company, as servicer, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as indenture trustee. This Indenture may be supplemented at any time and from time to time by an indenture supplement in accordance with Section 2.10 hereof. If a conflict exists between the terms and provisions of this Indenture and the terms and provisions of any Indenture Supplement, the terms and provisions of the Indenture Supplement shall be controlling with respect to the related Series.
ATLANTICUS HOLDINGS CORPORATION Amended and Restated At Market Issuance Sales AgreementAtlanticus Holdings Corp • August 26th, 2024 • Personal credit institutions • New York
ATLANTICUS HOLDINGS CORPORATION UP TO $50,000,000 OF COMMON STOCK (no par value per share) AT-THE-MARKET SALES AGREEMENTMarket Sales Agreement • January 2nd, 2024 • Atlanticus Holdings Corp • Personal credit institutions • New York
Atlanticus Holdings Corporation, a Georgia corporation (the “Company”), confirms its agreement (this “Agreement”) with BTIG, LLC (“BTIG” and, together with the Company, the “Parties”), as follows:
Form for Employees] ATLANTICUS HOLDINGS CORPORATION RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2021 • Atlanticus Holdings Corp • Personal credit institutions • Georgia
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this the 18th day of March, 2021 (the “Effective Date”), by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and JEFFREY A. HOWARD, an individual resident of the State of Georgia (“Employee”).
Ladies and Gentlemen:Atlanticus Holdings Corp • June 11th, 2021 • Personal credit institutions • New York
ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 2,800,000 shares of its 7.625% Series B Cumulative Perpetual Preferred Stock, no par value per share and liquidation preference of $25.00 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 420,000 shares of its 7.625% Series B Cumulative Perpetual Preferred Stock, no par value per share and liquidation preference of $25.00 per share (the “Additional Shares”), if and to the extent that B. Riley Securities, Inc. (“B. Riley Securities”), as representative of the Underwriters, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such Additional Shares granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The sha
Form for Employees] ATLANTICUS HOLDINGS CORPORATION NONQUALIFIED STOCK OPTION COMMON STOCK (No Par Value)Option Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions
THIS OPTION AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
Form for Directors] ATLANTICUS HOLDINGS CORPORATION NONQUALIFIED STOCK OPTION COMMON STOCK (No Par Value)Option Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions
THIS OPTION AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
SECURITY AGREEMENTSecurity Agreement • February 24th, 2012 • CompuCredit Holdings Corp • Personal credit institutions • Minnesota
THIS SECURITY AGREEMENT dated as of November 2, 2011, is by and between JEFFERSON CAPITAL CARD SERVICES, LLC, a Georgia limited liability company (the “Debtor”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois bank and trust company (in its capacity as Agent for the ratable benefit of the Lenders referred to below) (the “Secured Party”).
SUPPLEMENTAL INDENTURESupplemental Indenture • July 7th, 2009 • CompuCredit Holdings Corp • Personal credit institutions • New York
This Supplemental Indenture (the “Supplemental Indenture”) dated as of June 30, 2009, is entered into by and among CompuCredit Corporation, a Georgia corporation (the “Company”), CompuCredit Holdings Corporation, a Georgia corporation (“Holdings”), and U.S. Bank National Association, as successor to Wachovia Bank, National Association, as Trustee (the “Trustee”) under the Indenture (the “Indenture”) dated as of November 23, 2005 between the Company and the Trustee.
AMENDED AND RESTATED RECEIVABLE SALES AGREEMENTReceivable Sales Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri
THIS AMENDED AND RESTATED RECEIVABLE SALES AGREEMENT (this “Agreement”), dated as of April 1, 2020 (“Effective Date”), is made by and between THE BANK OF MISSOURI, a Missouri state-chartered bank, having its principal location in Perryville, Missouri (“Bank”), Fortiva Funding, LLC a Georgia limited liability company (“Receivables Purchaser”), having its principal location in Atlanta, Georgia. This Agreement amends and restates that earlier amended and restated agreement, dated April 1, 2017, as amended, between Receivables Purchaser and Mid America Bank & Trust Company (“MAB”). As a result of that Assignment and Assumption Agreement between MAB and Bank effective as of March 24, 2018, MAB assigned to Bank, and Bank assumed from MAB, that earlier amended and restated agreement, and all rights and obligations therein.
Form for Directors] ATLANTICUS HOLDINGS CORPORATION RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • August 9th, 2012 • CompuCredit Holdings Corp • Personal credit institutions • Georgia
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), originally effective as of August 29, 2002 (the “Effective Date”), and amended and restated as of October 16, 2005 and again as of December 23, 2008 and assigned by CompuCredit Corporation to and assumed by CompuCredit Holdings Corporation effective June 30, 2009, is amended and restated again effective as of August 1, 2012, by and between CompuCredit Holdings Corporation, a Georgia corporation (“CompuCredit” or “the Company”), and J. Paul Whitehead III, an individual resident of the State of Georgia (“Employee”). This Agreement amends, restates and supersedes the employment agreement between the Company and the Employee effective as of the Effective Date and amended and restated effective as of December 23, 2008 (the “Previous Employment Agreement”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 6th, 2015 • Atlanticus Holdings Corp • Personal credit institutions • Nevada
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”), is entered into as of November 26, 2014, by and among ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower (“Borrower”), certain Subsidiaries of Borrower as guarantors, and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, “Lender”).
Exhibit A – Form of Certificate of Sellers *Exhibit B – Form of Certificate of Buyer *Exhibit C – Form of Bill of Sale, Assignment and Assumption Agreement *Exhibit D – Form of Assumed Contracts Assignment *Exhibit E – Form of Domain Name Assignment...Asset Purchase Agreement • August 8th, 2011 • CompuCredit Holdings Corp • Personal credit institutions • New York
This Asset Purchase Agreement (this “Agreement”), dated as of August 5, 2011, is entered into by and among AAFA ACQUISITION, INC., a Delaware corporation (together with its successors and assigns, “Buyer”), Advance America, Cash Advance Centers, Inc., a Delaware corporation and the parent of Buyer (“Advance America”), COMPUCREDIT HOLDINGS CORPORATION, a Georgia corporation (“Parent”), COMPUCREDIT INTELLECTUAL PROPERTY HOLDINGS CORP. II, a Nevada corporation (“CCIP”), and VALUED SERVICES, LLC, VALUED SERVICES OF ALABAMA, LLC, VALUED SERVICES OF COLORADO, LLC, VALUED SERVICES OF KENTUCKY, LLC, VALUED SERVICES OF OKLAHOMA, LLC, VALUED SERVICES OF MISSISSIPPI, LLC, VALUED SERVICES OF TENNESSEE, LLC, VALUED SERVICES OF WISCONSIN, LLC, VALUED SERVICES OF OHIO, LLC, VS OF OHIO, LLC, VALUED SERVICES OF SOUTH CAROLINA, LLC, and VS OF SOUTH CAROLINA, LLC, each a Georgia limited liability company (collectively, “Sellers” and each individually, a “Seller”; Sellers and Parent collectively, “Seller
Form for Directors] ATLANTICUS HOLDINGS CORPORATION RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions • Georgia
THIS RESTRICTED STOCK AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
CERTAIN INFORMATION, IDENTIFIED BY [*****], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.Purchase Agreement • March 15th, 2022 • Atlanticus Holdings Corp • Personal credit institutions • New York
SUPPLEMENTAL INDENTURESupplemental Indenture • May 22nd, 2009 • CompuCredit Holdings Corp • New York
This Supplemental Indenture (the “Supplemental Indenture”) dated as of , 2009, is entered into by and among CompuCredit Corporation, a Georgia corporation (the “Company”), CompuCredit Holdings Corporation, a Georgia corporation (“Holdings”), and U.S. Bank National Association, as successor to Wachovia Bank, National Association, as Trustee (the “Trustee”) under the Indenture (the “Indenture”) dated as of November 23, 2005 between the Company and the Trustee.
AMENDED AND RESTATED NOTE PURCHASE AGREEMENT by and among MERRILL LYNCH MORTGAGE CAPITAL INC., as an Investor, COMPUCREDIT FUNDING CORP., as Transferor, COMPUCREDIT CORPORATION, as Servicer, COMPUCREDIT CREDIT CARD MASTER NOTE BUSINESS TRUST, as...Note Purchase Agreement • June 25th, 2010 • CompuCredit Holdings Corp • Personal credit institutions • New York
This AMENDED AND RESTATED NOTE PURCHASE AGREEMENT, dated as of March 1, 2010 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), is by and among MERRILL LYNCH MORTGAGE CAPITAL INC., a Delaware corporation, as an investor (together with its successors and assigns, the “Investors”), COMPUCREDIT FUNDING CORP., a Nevada corporation, as transferor (together with its successors and assigns in such capacity, the “Transferor”), COMPUCREDIT CORPORATION, a Georgia corporation, as servicer (together with its successors and assigns, the “Servicer”) and COMPUCREDIT CREDIT CARD MASTER NOTE BUSINESS TRUST, a Nevada business trust, as issuer (the “Issuer”).
Form for Employees] ATLANTICUS HOLDINGS CORPORATION NONQUALIFIED STOCK OPTIONOption Agreement • May 18th, 2016 • Atlanticus Holdings Corp • Personal credit institutions
THIS OPTION AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
Form for Employees] ATLANTICUS HOLDINGS CORPORATION RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • August 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions • Georgia
THIS RESTRICTED STOCK AGREEMENT (this “Agreement”), made and entered into this day of , 20 , by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and (the “Grantee”);
AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENTProgram Management Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri
THIS AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENT (this “Agreement”), dated as of April 1, 2020 (“Effective Date”), is made by and between THE BANK OF MISSOURI, a Missouri state-chartered bank, having its principal location in Perryville, Missouri (“Bank”), and ATLANTICUS SERVICES CORPORATION, a Georgia corporation, having its principal location in Atlanta, Georgia (“Program Manager”). This Agreement amends and restates that earlier agreement, dated April 1, 2017, as amended, between Program Manager and Mid America Bank & Trust Company (“MAB”). As a result of that Assignment and Assumption Agreement between MAB and Bank effective as of March 24, 2018, MAB assigned to Bank, and Bank assumed from MAB, that earlier agreement, and all rights and obligations therein.
FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLE SALES AGREEMENTReceivable Sales Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri
WHEREAS, Bank and Fortiva are parties to the Amended and Restated Receivable Sales Agreement (the “Agreement”) dated as of April 1, 2020, and mutually desire to amend it as set forth herein;
ATLANTICUS HOLDINGS CORPORATION UNDERWRITING AGREEMENTUnderwriting Agreement • November 22nd, 2021 • Atlanticus Holdings Corp • Personal credit institutions • New York
ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) $135,000,000 aggregate principal amount of 6.125% Senior Notes due 2026 (the “Firm Notes”). The Company also proposes to issue and sell to the several Underwriters not more than an additional $15,000,000 aggregate principal amount of 6.125% Senior Notes due 2026 (the “Additional Notes”), if and to the extent that B. Riley Securities, Inc. (“B. Riley Securities”), as representative of the Underwriters, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such Additional Notes granted to the Underwriters in Section 2 hereof. The Firm Notes and the Additional Notes are hereinafter collectively referred to as the “Notes.”
FOURTH AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • March 30th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • New York
This FOURTH AMENDMENT, dated as of January 23, 2020 (this “Amendment”), to the PURCHASE AGREEMENT, dated as of February 8, 2017 (the “Existing Agreement”, as amended by the First Amendment to the Purchase Agreement, dated as of June 11, 2018, the Second Amendment to the Purchase Agreement, dated as of November 16, 2018, the Third Amendment to the Purchase Agreement, dated as of November 13, 2019, and as amended by this Amendment, the “Agreement”), among PERIMETER MASTER NOTE BUSINESS TRUST, a business trust organized and existing under the laws of the State of Nevada, as issuer (the “Issuer”), PERIMETER FUNDING CORPORATION, a Nevada corporation (“Perimeter”), as transferor (together with its successors and permitted assigns in such capacity, the “Transferor”), ACCESS FINANCING, LLC, a Georgia limited liability company, as assignee of Atlanticus Services Corporation, a Georgia corporation, as servicer (together with its successors and permitted assigns, the “Servicer”), TSO-FORTIVA NOTE
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • May 14th, 2019 • Atlanticus Holdings Corp • Personal credit institutions
This Assignment and Assumption Agreement (“Assignment”) is made by and between MID AMERICA BANK & TRUST COMPANY, a Missouri state-chartered bank, having its principal location in Dixon, Missouri (“Bank”), Atlanticus Services Corporation (“Atlanticus”), a Georgia Corporation, and THE BANK OF MISSOURI, a Missouri state-chartered bank having its principal location in Perryville, Missouri, (“Assignee”)
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2016 • Atlanticus Holdings Corp • Personal credit institutions • Nevada
THIS FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the 23rd day of November, 2015, by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower (“Borrower”), certain Subsidiaries of Borrower as guarantors (“Guarantors”), and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, “Lender”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2021 • Atlanticus Holdings Corp • Personal credit institutions • Georgia
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this the 18th day of March, 2021 by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation (“Atlanticus”), and DAVID G. HANNA, an individual resident of the State of Georgia (“Employee”).
LOAN AND SECURITY AGREEMENT By and among CARS ACQUISITION LLC CAR FINANCIAL SERVICES, INC. CAR FUNDING II, INC. CONSUMER AUTO RECEIVABLES SERVICING, LLC as Borrowers WELLS FARGO PREFERRED CAPITAL, INC. as Agent Each of the financial institutions now...Loan and Security Agreement • March 6th, 2012 • CompuCredit Holdings Corp • Personal credit institutions • Iowa
This LOAN AND SECURITY AGREEMENT is made as of the ___ day of October, 2011 by and among CARS ACQUISITION LLC, a Georgia limited liability company, CAR FINANCIAL SERVICES, INC., a Georgia corporation, CAR FUNDING II, INC., a Nevada corporation, and CONSUMER AUTO RECEIVABLES SERVICING, LLC, a Georgia limited liability company (collectively with Borrower Agent, the “Borrowers” and each individually is referred to as a “Borrower”), WELLS FARGO PREFERRED CAPITAL, INC., as agent for Lenders (“Agent”), an Iowa corporation with its principal office located at 800 Walnut Street, Des Moines, Iowa 50309, and the financial institutions from time to time party hereto (collectively, the “Lenders” and each individually is referred to as a “Lender”).
NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 30th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Nevada
THIS NINTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the 20th day of December, 2019, by and among ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower (“Borrower”), certain Subsidiaries of Borrower as guarantors (“Guarantors”), and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, “Lender”).
MEMBERSHIP INTEREST PURCHASE AGREEMENT between COMPUCREDIT HOLDINGS CORPORATION and JCAP TRANSITORY ACQUISITION SUB, LLC dated as of August 3, 2012Membership Interest Purchase Agreement • August 9th, 2012 • CompuCredit Holdings Corp • Personal credit institutions • Delaware
This Membership Interest Purchase Agreement (this “Agreement”), dated as of August 3, 2012, is entered into between CompuCredit Holdings Corporation, a Georgia corporation (“Seller”), and JCAP Transitory Acquisition Sub, LLC, a Georgia limited liability company (“Buyer”).
CREDIT AGREEMENT DATED AS OF NOVEMBER 2, 2011 AMONG JEFFERSON CAPITAL SYSTEMS, LLC, JEFFERSON CAPITAL CARD SERVICES, LLC, THE LENDERS, THE PRIVATEBANK AND TRUST COMPANY AS ADMINISTRATIVE AGENT, SOLE LEAD ARRANGER, AND SYNDICATION AGENTCredit Agreement • February 24th, 2012 • CompuCredit Holdings Corp • Personal credit institutions • Minnesota
This Credit Agreement (this “Agreement”) is dated as of November 2, 2011, by and among JEFFERSON CAPITAL SYSTEMS, LLC, a Georgia limited liability company (“JCap”), JEFFERSON CAPITAL CARD SERVICES, LLC, a Georgia limited liability company (“JCard”) (each of JCap and JCard are also referred to individually and collectively as the “Borrower” and each reference to the Borrower herein shall mean each such entity, collectively and individually, as the context may require and as applicable), the lending institution(s) listed on the signature pages hereof, and their respective successors assignees (each individually a “Lender” and collectively the “Lenders”), and THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank (the “Administrative Agent”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 2nd, 2018 • Atlanticus Holdings Corp • Personal credit institutions • Nevada
THIS THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the 22nd day of November, 2017, by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower (“Borrower”), certain Subsidiaries of Borrower as guarantors (“Guarantors”), and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, “Lender”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 31st, 2017 • Atlanticus Holdings Corp • Personal credit institutions • Nevada
THIS SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made and entered into as of the 22nd day of November, 2016, by and between ATLANTICUS HOLDINGS CORPORATION, a Georgia corporation, as Borrower (“Borrower”), certain Subsidiaries of Borrower as guarantors (“Guarantors”), and DOVE VENTURES, LLC, a Nevada limited liability company, as lender (together with any successors or assigns thereto, “Lender”).
