ContractWarrant Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • California
THIS WARRANT, AND THE SECURITIES ISSUABLE UPON THE EXERCISE OF THIS WARRANT, HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR ANY STATE SECURITIES LAWS. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT RELATED THERETO OR AN OPINION OF COUNSEL (WHICH MAY BE COMPANY COUNSEL) REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION IS NOT REQUIRED UNDER THE ACT, OR ANY APPLICABLE STATE SECURITIES LAWS.
OPORTUN FUNDING V, LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of August 4, 2015 Variable Funding Asset Backed Notes (Issuable in Series)Base Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
BASE INDENTURE, dated as of August 4, 2015, between OPORTUN FUNDING V, 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 validly existing under the laws of the State of New York, as Trustee, as Securities Intermediary and as Depositary Bank.
SUBLEASE AGREEMENTSublease Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • California
THIS SUBLEASE AGREEMENT (“Sublease”) is made and entered into as of the 12th day of October, 2015 by and between ROVI CORPORATION, a Delaware corporation (“Sublandlord”), and UPSTART HOLDINGS, INC., a Delaware corporation (“Subtenant”).
OPORTUN FUNDING X, LLC, as Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of October 22, 2018 Asset Backed Notes (Issuable in Series)Base Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
BASE INDENTURE, dated as of October 22, 2018, between OPORTUN FUNDING X, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers, as Trustee, as Securities Intermediary and as Depositary Bank.
OPORTUN FINANCIAL CORPORATION INDEMNITY AGREEMENTIndemnity Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • Delaware
This Indemnity Agreement (this “Agreement”) dated as of _____, 20__, is made by and between Oportun Financial Corporation, a Delaware corporation (the “Company”), and _________________ (“Indemnitee”).
AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT Dated as of June 29, 2018 between ECL FUNDING LLC, as Purchaser, and OPORTUN, INC., as SellerPurchase and Sale Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
Any capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Trust Agreement.
AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • California
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT (the “Agreement”) is made as of February 6, 2015, by and among Oportun Financial Corporation (the “Company”), the common stockholders listed on Schedule A hereto (the “Common Holders”), the investors listed on Schedule B through Schedule J hereto (the “Investors”) and the holders of the BlackRock Warrants and the Hercules Warrants (each as defined below) (the “Warrant Holders”).
OPORTUN FUNDING V, LLC FIRST AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
This FIRST AMENDMENT TO THE BASE INDENTURE, dated as of May 25, 2016 (this “Amendment”), is entered into among OPORTUN FUNDING V, 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 validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).
OPORTUN FUNDING IV, LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, as Securities Intermediary and as Depositary Bank SERIES 2016-C SUPPLEMENT Dated as of October 19, 2016 to BASE INDENTURE Dated as of October 19, 2016 3.28% Asset...Series Supplement • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
SERIES 2016-C SUPPLEMENT, dated as of October 19, 2016 (as amended, modified, restated or supplemented from time to time in accordance with the terms hereof, this “Series Supplement”), by and among OPORTUN FUNDING IV, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (“Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as trustee (together with its successors in trust under the Base Indenture referred to below, the “Trustee”), as securities intermediary (together with its successors under the Base Indenture referred to below, the “Securities Intermediary”) and as depositary bank (together with its successors under the Base Indenture referred to below, the “Depositary Bank”), to the Base Indenture, dated as of October 19, 2016, between the Issuer, the Trustee, the Securities Intermediary and the Depositary Bank (as amended, modified, restated or supp
OPORTUN FUNDING IV, LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of October 19, 2016 Asset Backed Notes (Issuable in Series)Base Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
BASE INDENTURE, dated as of October 19, 2016, between OPORTUN FUNDING IV, 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 validly existing under the laws of the State of New York, as Trustee, as Securities Intermediary and as Depositary Bank.
OPORTUN FUNDING V, LLC THIRD AMENDMENT TO THE SERIES 2015 SUPPLEMENTThird Amendment to the Series 2015 Supplement • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
OPORTUN FUNDING V, LLC THIRD AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
BASE INDENTURE, dated as of August 4, 2015, between OPORTUN FUNDING V, 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 corporationWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers validly existing under the laws of the State of New YorkUnited States, as Trustee, as Securities Intermediary and as Depositary Bank.
OPORTUN FUNDING V, LLC FIFTH AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
kind and other forms of obligations and receivables, instruments and other property which at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Trust Estate”).
OPORTUN FUNDING V, LLC SECOND AMENDMENT TO THE SERIES 2015 SUPPLEMENTSecond Amendment to the Series 2015 Supplement • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
SERIES 2015 SUPPLEMENT, dated as of August 4, 2015 (as amended, modified, restated or supplemented from time to time in accordance with the terms hereof, this “Series Supplement”), by and among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (“Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New YorkWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking corporationassociation validly existing under the laws of the State of New York United States, as trustee (together with its successors in trust under the Base Indenture referred to below, the “Trustee”), as securities intermediary (together with its successors under the Base Indenture referred to below, the “Securities Intermediary”) and as depositary bank (together with its successors under the Base Indenture referred to below, the “Depositary Bank”), to the Base Indenture, dated as of August 4, 2015, between the Issuer, the Trustee, the Securities Intermed
PROGRESO FINANCIERO HOLDINGS, INC. WARRANT TO PURCHASE SERIES F-1 PREFERRED STOCKWarrant Agreement • July 17th, 2019 • Oportun Financial Corp • Finance services • California
THIS CERTIFIES THAT, for value received, QED Fund II, LP or its assigns (the “Holder”), is entitled to subscribe for and purchase from PROGRESO FINANCIERO HOLDINGS, INC., a Delaware corporation (the “Company”), the Exercise Shares (subject to adjustment and the vesting provisions as provided herein) at the Exercise Price (subject to adjustment as provided herein) upon the occurrence of any of event constituting an Exercise Date.
OPORTUN FUNDING V, LLC SECOND AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
This SECOND AMENDMENT TO THE BASE INDENTURE, dated as of June 7, 2016 (this “Amendment”), is entered into among OPORTUN FUNDING V, 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 validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).
OPORTUN FUNDING V, LLC FIRST AMENDMENT TO THE SERIES 2015 SUPPLEMENTFirst Amendment to the Series 2015 Supplement • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
This FIRST AMENDMENT TO THE SERIES 2015 SUPPLEMENT, dated as of November 23, 2015 (this “Amendment”), is entered into among OPORTUN FUNDING V, 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 validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).
OPORTUN FUNDING V, LLC FOURTH AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
