THIRD AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, NATIONAL ASSOCIATION (as Lender) Dated as of October 29, 2014Loan and Security Agreement • October 30th, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York
This Third Amended and Restated Loan and Security Agreement (as the same may be amended, modified, or restated from time to time, this “Agreement”) is dated as of October 29, 2014 by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, NATIONAL ASSOCIATION (“Lender”).
CAPITAL ONE, NATIONAL ASSOCIATION MELVILLE, NEW YORK 11747 October 29, 2014Loan Agreement • October 30th, 2014 • Newtek Business Services, Inc. • Services-business services, nec • New York
Reference is made to the referenced Third Amended and Restated Loan and Security Agreement dated the date hereof (the “Credit Agreement”) between Capital One, National Association (the “Lender”) and Newtek Small Business Finance, Inc. (the “Borrower”). Reference is also made to the Amended and Restated Guaranty of Payment and Performance dated as of June 16, 2011 (as amended to date, the “Guaranty”) of Newtek Business Services, Inc. (the “Guarantor”) in favor of Lender, and the Amended and Restated Security Agreement dated as of June 16, 2011 (as amended to date, the “Security Agreement”) between the Guarantor and Lender. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
