0001144204-16-121198 Sample Contracts

NEWTEK BUSINESS SERVICES CORP. Common Stock, $0.02 par value per share FORM OF EQUITY DISTRIBUTION AGREEMENT Dated [ ], 20[ ]
Equity Distribution Agreement • August 25th, 2016 • Newtek Business Services Corp. • New York

Newtek Business Services Corp., a Maryland corporation (the “Company”), proposes to issue and sell through [ ], acting as agent and/or principal (the “Sales Manager”), up to [ ] shares of common stock (the “Shares”), par value $0.02 per share (the “Common Stock”), of the Company.

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FORM OF UNDERWRITING AGREEMENT] [ ] Shares NEWTEK BUSINESS SERVICES CORP. Common Stock Underwriting Agreement dated [ ], 20[ ]
Underwriting Agreement • August 25th, 2016 • Newtek Business Services Corp. • New York

Introductory. Newtek Business Services Corp., a Maryland corporation (the “Company), proposes to issue and sell to the several underwriters named in Schedule A (the “List of the Underwriters”) attached hereto (collectively, the “Underwriters”) an aggregate of [ ] shares (the “Firm Offered Shares”) of its Common Stock, par value $0.02 per share (the “Common Stock”) in accordance with the terms and conditions set forth in this Underwriting Agreement (the “Agreement”). In addition, the Company has granted to the Underwriters an option to purchase up to an additional [ ] shares (the “Optional Offered Shares”) of Common Stock, as provided in Section 2 (the “Purchase, Sale, and Delivery of the Offered Shares”). The Firm Offered Shares and, if and to the extent such option is exercised, the Optional Offered Shares are collectively called the “Offered Shares.” [ ] (“[ ]”), has agreed to act as representative of the several Underwriters (in such capacity, the “Representative”) in connection wit

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