SEVENTH AMENDMENT TO LOAN ORIGINATION AGREEMENT
Exhibit 10.16(c)
CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
SEVENTH AMENDMENT TO LOAN ORIGINATION AGREEMENT
THIS SEVENTH AMENDMENT TO LOAN ORIGINATION AGREEMENT (this “Amendment”) is made as of December 5, 2018 (the “Effective Date”) 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 Origination Agreement (as defined herein).
WITNESSETH:
WHEREAS, Lender and Servicer have previously entered into that certain Origination Agreement dated as of August 4, 2015, as amended (the “Origination Agreement”); and
WHEREAS, Lender and Servicer desire to amend the Origination 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 as of the Effective Date, the Origination Agreement is hereby amended as follows:
a. Section 2.01(a)(i) of the Origination Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof:
“(i) Subject to the terms and conditions hereof, Lender will fund newly originated Loans for the Program Sponsor’s customers identified by Servicer that meet the Underwriting Criteria up to a limit of $[*****] ($[*****]) in aggregate outstanding principal balances at any time (the “Commitment Amount”); provided, however, that, unless otherwise agreed in writing by the Lender, [*****]. The Commitment Amount may be increased in accordance with the mutual agreement of Lender and Servicer as evidenced by a written agreement. Loans shall be funded at 100% of par of the Loan.”
2. Except as expressly amended hereby, the Origination Agreement shall remain in full force and effect.
3. 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.
Exhibit 10.16(c)
CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
SERVICER:
GREENSKY, LLC
By: /s/ Xxxxxx Xxxxxxx
(Signature)
Name: Xxxxxx Xxxxxxx
(Print Name)
Title: Chief Financial Officer
LENDER:
SYNOVUS BANK
By: /s/ Xxxxxxxxxxx Xxxx
(Signature)
Name: Xxxxxxxxxxx Xxxx
(Print Name)
Title: Group Executive
