AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 17, 2014 among ON DECK ASSET COMPANY, LLC, as Borrower VARIOUS LENDERS, and ODBL IV, LLC, as Administrative Agent and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent and Collateral Agent...Credit Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of October 17, 2014, is entered into by and among ON DECK ASSET COMPANY, LLC, a Delaware limited liability company (“Company”), the Lenders party hereto from time to time and ODBL IV, LLC, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent (in such capacity, “Paying Agent”) and as Collateral Agent for the Secured Parties (in such capacity, “Collateral Agent”).
ContractOn Deck Capital Inc • November 10th, 2014 • Finance services • California
THIS WARRANT HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “1933 ACT”), OR ANY APPLICABLE STATE SECURITIES LAWS, AND MAY NOT BE SOLD OR TRANSFERRED UNLESS SUCH SALE OR TRANSFER IS IN ACCORDANCE WITH THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS OR SOME OTHER EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF SUCH ACT AND APPLICABLE LAWS IS AVAILABLE WITH RESPECT THERETO.
October 29, 2014 Dear Howard,Letter Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services
This letter agreement (the “Agreement”) is entered into between On Deck Capital, Inc., a Delaware corporation (“Company” or “we”) and you. This Agreement is effective as of the date you sign this Agreement, as indicated below. The purpose of this Agreement is to confirm the current terms and conditions of your employment, and to replace any previous terms and conditions that may conflict with this letter.
ONDECK ASSET SECURITIZATION TRUST LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Indenture Trustee BASE INDENTURE Dated as of May 8, 2014 Asset Backed Notes (Issuable in Series of Notes)On Deck Capital Inc • November 10th, 2014 • Finance services • New York
BASE INDENTURE, dated as of May 8, 2014, between ONDECK ASSET SECURITIZATION TRUST LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Indenture Trustee”).
Amended and Restated Loan and Security AgreementSecurity Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • North Carolina
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (as it may be amended, supplemented or otherwise modified from time to time, this “Agreement”) is entered into on the above date between SQUARE 1 BANK (“Lender”), whose address is 406 Blackwell Street, Suite 240, Durham, North Carolina 27701, and the borrower named above (“Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.)
ON DECK CAPITAL, INC. CHANGE IN CONTROL AND SEVERANCE AGREEMENTChange in Control and Severance Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This Change in Control and Severance Agreement (the “Agreement”) is made and entered into by and between Noah Breslow (“Executive”) and On Deck Capital, Inc., a Delaware corporation (the “Company”), effective as of [ ], 2014 (the “Effective Date”).
AMENDED AND RESTATED CREDIT AGREEMENT dated as of September 15, 2014 among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, as Borrower VARIOUS LENDERS, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent and Collateral Agent, DEUTSCHE BANK TRUST...Credit Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 15, 2014, is entered into by and among ONDECK ACCOUNT RECEIVABLES TRUST 2013-1 LLC, a Delaware limited liability company (“Company”), the Lenders party hereto from time to time, DEUTSCHE BANK AG, NEW YORK BRANCH, as Administrative Agent for the Class A Revolving Lenders (in such capacity, “Administrative Agent”) and as Collateral Agent for the Secured Parties (in such capacity, “Collateral Agent”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent for the Lenders (in such capacity, “Paying Agent”), and DEUTSCHE BANK SECURITIES INC. (“DBSI”), as Lead Arranger, Syndication Agent (in such capacity, “Syndication Agent”) and Documentation Agent (in such capacity, “Documentation Agent”).
SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of March 21, 2011 by and among SMALL BUSINESS ASSET FUND 2009 LLC, as the Borrower, EACH SUBSEQUENT LENDER PARTY HERETO FROM TIME TO TIME, as the Lenders, and DEUTSCHE BANK TRUST COMPANY...Loan and Security Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
This SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated March 21, 2011, which amends and restates the Amended and Restated Loan and Security Agreement dated July 13, 2009, and is effective for all purposes as of April 24, 2009, is by and among Small Business Asset Fund 2009 LLC, a Delaware limited liability company (the “Borrower”), each Lender (as defined herein) a party hereto from time to time, and Deutsche Bank Trust Company Americas, a New York banking corporation, as collateral agent (the “Collateral Agent”).
AGREEMENT OF LEASE 1400 Broadway Associates L.L.C., Landlord and On Deck Capital, Inc., TenantAgreement of Lease • November 10th, 2014 • On Deck Capital Inc • Finance services • New York
LEASE made as of this 25th day of September, 2012, between 1400 Broadway Associates L.L.C., a New York limited liability company with an address c/o Newmark Grubb Knight Frank, 125 Park Avenue, New York, New York 10017 (hereinafter referred to as “Landlord”) and On Deck Capital, Inc., a Delaware corporation with an address at 155 East 56th Street, New York, New York 10022 (hereinafter referred to as “Tenant”).
MANAGED APPLICANT COMMISSION AGREEMENTManaged Applicant Commission Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • Virginia
This Managed Applicant Commission Agreement (this “Agreement”) is made as of the date set forth below, (“Effective Date”) by and between On Deck Capital, Inc., a Delaware corporation located at 1400 Broadway, New York, NY 10018 (“On Deck”) and the Applicant Manager (defined below) (each may be referred to herein as a “Party” or collectively as “Parties”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms as set forth in Section 7.9 of this Agreement. In consideration of the mutual promises and the terms and conditions set forth below, the Parties agree as follows:
NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • November 10th, 2014 • On Deck Capital Inc • Finance services • Delaware
This NINTH AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (this “Agreement”) is made as of the 13th day of March, 2014 (the “Effective Date”), by and among On Deck Capital, Inc., a Delaware corporation (the “Company”), each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and each of the stockholders listed on Schedule B hereto, each referred to herein as a “Key Holder”.
