NINTH AMENDMENT TO SERVICING AGREEMENT
Exhibit 10.4
CERTAIN INFORMATION, IDENTIFIED BY [*****], HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED.
NINTH AMENDMENT TO SERVICING AGREEMENT
THIS NINTH AMENDMENT TO SERVICING AGREEMENT (this “Amendment”) is made as of September 30, 2019 by and between GreenSky, LLC (f/k/a GreenSky Trade Credit, LLC), a Georgia limited liability company (“Servicer”), and Synovus Bank, a Georgia state-chartered bank (“Lender”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Servicing Agreement (as defined herein).
WITNESSETH:
WHEREAS, Lender and Servicer have previously entered into that certain Servicing Agreement dated as of August 4, 2015, as amended (the “Servicing Agreement”);
WHEREAS, Lender and Servicer desire to amend the Servicing Agreement as set forth herein;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Servicer hereby agree as follows:
1. Effective September 30th, 2019, the Servicing Agreement is hereby amended as follows:
a. Section 3.01(c) of the Servicing Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof:
“On each Payment Date, Lender will pay Servicer a “Servicing Fee” equal to [*****].”
b. Section 3.01(e) of the Servicing Agreement is hereby amended by deleting the first sentence thereof and inserting the following in lieu thereof:
“[*****]”
c. Section 3.01(e)(iv) of the Servicing Agreement is hereby amended by deleting the definition of “[*****]” set forth therein and inserting the following in lieu thereof:
“[*****].”
d. The definition of “[*****]” in Section 3.02 of the Servicing Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof:
“[*****].”
2. | [*****] |
3. | [*****] |
4. Except as expressly amended hereby, the Servicing Agreement shall remain in full force and effect.
5. | This Amendment may be executed and delivered by Lender and Servicer in facsimile or PDF format and in any number of separate counterparts, all of which, when delivered, shall together constitute one and the same document. |
2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
SERVICER:
GREENSKY, LLC
By: /s/ Xxxxxxx X. Xxxxxxx
(Signature)
Name: Xxxxxxx X. Xxxxxxx
(Print Name)
Title: President
LENDER:
SYNOVUS BANK
By: /s/ Xxxxxxxxxxx Xxxx
(Signature)
Name: Xxxxxxxxxxx Xxxx
(Print Name)
Title: Group Executive
