0001120792-10-000050 Sample Contracts

FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • September 30th, 2010 • nFinanSe Inc. • Short-term business credit institutions

This Fifth Amendment to Amended and Restated Loan and Security Agreement (this “Agreement”) is made and entered into as of September 27, 2010 by and among (a) nFinanSe Inc., a Nevada corporation (the “Company”), nFinanSe Payments Inc., a Nevada corporation (each, a “Borrower”, and together with the Company, the “Borrowers”) and (b) the investors identified on the signature pages hereto (each, a “Lender”, and collectively the “Lenders”). Defined terms not otherwise defined herein shall have the meanings set forth in the Loan Agreement (as defined below).

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