OPPFI INC. STOCK OPTION AGREEMENT (For U.S. Participants)Stock Option Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Delaware
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionOppFi Inc. (the “Company”) has granted to the Participant named in the Notice of Grant of Stock Option (the “Grant Notice”) to which this Stock Option Agreement (the “Option Agreement”) is attached an option (the “Option”) to purchase certain shares of Stock upon the terms and conditions set forth in the Grant Notice and this Option Agreement. The Option has been granted pursuant to and shall in all respects be subject to the terms and conditions of the OppFi Inc. 2021 Equity Incentive Plan (the “Plan”), as amended to the Date of Grant, the provisions of which are incorporated herein by reference. By signing the Grant Notice, the Participant: (a) acknowledges receipt of, and represents that the Participant has read and is familiar with, the Grant Notice, this Option Agreement, the Plan and a prospectus for the Plan prepared in connection with the registration with the Securities and Exchange Commission of shares issuable pursuant to the Option (the “Plan Prospectus”), (b) accepts the O
OPPFI INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Delaware
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis Indemnification Agreement, dated July 20, 2021, is made between OppFi Inc., a Delaware corporation (the “Company”), and [______________] (the “Indemnitee”).
CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.Revolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Illinois
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis REVOLVING CREDIT AGREEMENT, dated as of August 19, 2019 (as it may be amended, restated, supplemented or otherwise modified in accordance with the terms hereof, this “Agreement”), is entered into among OPPORTUNITY FUNDING SPE IV, LLC, a Delaware limited liability company, as Borrower (the “Borrower”), OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Company”), as Originator (in such capacity, the “Originator”), as Servicer (in such capacity, the “Servicer”) and as a Seller (as defined herein), OPPWIN, LLC, as a Seller, BMO HARRIS BANK N.A. (“BMO Harris”), as Administrative Agent (in such capacity, the “Administrative Agent”) and Collateral Agent (in such capacity, the “Collateral Agent”), and the Lenders (as defined herein) party hereto.
OMNIBUS AMENDMENT TO LOAN AGREEMENT AND OTHER BASIC DOCUMENTSLoan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENT, dated as of November 9, 2018 (this “Agreement”), is by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (“Company”), each other Person listed on the signature pages hereto as a borrower and each Person joined hereto as a borrower from time to time (together with the Company collectively, jointly and severally, “Borrower”), the GUARANTORS from time to time party hereto and party to any Guaranty, the LENDERS from time to time party hereto (individually, a “Lender” and collectively, the “Lenders”), and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTSRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 1 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS (this “Amendment”), dated as of June 5, 2020 (the “Effective Date”) to that certain Amended and Restated Revolving Credit Agreement, dated as of January 31, 2020 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE III, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator,
TAX RECEIVABLE AGREEMENT AMONG FG NEW AMERICA ACQUISITION CORP. OPPORTUNITY FINANCIAL, LLC AND THE PERSONS NAMED HEREIN DATED AS OF JULY 20, 2021Tax Receivable Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Delaware
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis TAX RECEIVABLE AGREEMENT (this “TRA Agreement”), is dated as of July 20, 2021, by and among FG New America Acquisition Corp., a Delaware corporation, (the “Corporate Taxpayer”), Opportunity Financial, LLC, a Delaware limited liability company (“OpCo”), and each of the members of OpCo listed on Schedule 1 hereto (each such member, a “TRA Party” and together the “TRA Parties”), Todd Schwartz, in his capacity as the TRA Party Representative, and each of the other Persons from time to time that become a party to this TRA Agreement. Capitalized terms used but not defined herein shall have their respective meanings set forth in the Business Combination Agreement (as defined below).
AMENDMENT NO. 8 TO REVOLVING CREDIT AGREEMENT and AMENDEMENT NO. 2 TO FEE LETTERRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 8 TO REVOLVING CREDIT AGREEMENT AND AMENDMENT NO. 2 TO FEE LETTER (this “Amendment”), dated as of December 16, 2020 (the “Effective Date”) to (i) that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a Guarantor (as defined in the Amended Credit Agreement) and as a Seller (as defined the Amended Credit Agreement), OppWin, LLC (“OppWin”), as a Seller and as a Guarantor, OppFi Management Holdings, LLC (“OppFi Management”), as a Guarantor, Opportunity Financial Card Company (“OppFi Card”), as a Guarantor, Ares Agent Services, L.P., as Administrative Agent (in such capacity, the
AMENDMENT NO. 1 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Illinois
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 1 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of December 20, 2019 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of August 19, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE IV, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), BMO Harris Bank N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), and as Collateral Agent (in such capacity, the “Collateral Agent” and together with the Administrative
CAPITAL COMMUNITY BANK and OPPORTUNITY FINANCIAL, LLC MARKETING AND PROGRAM MANAGEMENT AGREEMENT Dated as of April 17, 2020Marketing and Program Management Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Utah
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis MARKETING AND PROGRAM MANAGEMENT AGREEMENT (this “Agreement”), dated as of April 17, 2020 (“Effective Date”), is made by and between CAPITAL COMMUNITY BANK, a Utah-chartered state bank having its principal location in Provo, Utah (“Bank”), and OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company having its principal location in Chicago, Illinois (“Company”).
AMENDMENT NO. 4 TO REVOLVING CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTSRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 4 TO REVOLVING CREDIT AGREEMENT AND OTHER CREDIT DOCUMENTS (this “Amendment”), dated as of May 11, 2020 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE V, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator, each Guarantor and each Seller, collectively,
FOURTH AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENTSenior Secured Multi-Draw Term Loan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS FOURTH AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of August 13, 2020 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto, and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Administrative Agent”).
AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of February 14, 2020 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE V, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator each Guarantor and each Seller, collectively, the “Credit Parties”),
LOAN PROGRAM AGREEMENTLoan Program Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Utah
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS LOAN PROGRAM AGREEMENT (the “Program Agreement”) is made and entered into as of this 31st day of October, 2017 (“Effective Date”), by and between FinWise Bank, an FDIC insured Utah state-chartered bank with its principal office at 820 East 9400 South, Sandy, Utah 84094 (hereinafter referred to as “Bank”) and OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company, with its principal office at 130 East Randolph Street, Suite 3400, Chicago, Illinois, 60601 (hereinafter referred to as “Service Agent”).
AMENDMENT NO. 6 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 6 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of June 26, 2020 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator, each Guarantor and each Seller, collectively, the “Credit Parties”), Ar
AMENDMENT NO. 2 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 2 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of June 26, 2020 (the “Effective Date”) to that certain Amended and Restated Revolving Credit Agreement, dated as of January 31, 2020 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE III, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator, each Guarantor and each Se
AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of January 31, 2019 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), Ares Agent Services, L.P., as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent” and together with the Administrativ
FIRST AMENDMENT TO MARKETING AND PROGRAM MANAGEMENT AGREEMENTMarketing and Program Management Agreement • July 26th, 2021 • OppFi Inc. • Finance services
Contract Type FiledJuly 26th, 2021 Company IndustryTHIS FIRST AMENDMENT TO MARKETING AND PROGRAM MANAGEMENT AGREEMENT (this “Amendment”) is entered into as of August 10, 2020, by and between CAPITAL COMMUNITY BANK, a Utah-chartered state bank having its principal location in Provo, Utah (“Bank”) and OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company having its principal location in Chicago, Illinois (“Company”), under the following circumstances:
AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Illinois
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of February 13, 2020, but effective as of January 22, 2020 (the “Effective Date”) is entered into among the Credit Parties, the Agents and the Lenders (each as defined below) to amend that certain Revolving Credit Agreement, dated as of August 19, 2019 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as further amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE IV, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), BMO Harris Bank N.A., as Administrative Agent (in s
AMENDED AND RESTATED PROGRAM AGREEMENT Dated as of November 9, 2018 among OPPORTUNITY FINANCIAL, LLC, as Servicer OPPORTUNITY FUNDING SPE II, LLC, as Seller and MIDTOWN MADISON MANAGEMENT LLC, as Purchaser Agent,Program Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDED AND RESTATED PROGRAM AGREEMENT (this “Agreement”) is made and entered into this November 9, 2018 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Servicer”), OPPORTUNITY FUNDING SPE II, LLC, a Delaware limited liability company (the “Seller”), and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Purchaser Agent”). The Servicer, Seller and Purchaser Agent are sometimes collectively referred to in this Agreement as the “Parties” or each individually as a “Party.”
FIRST AMENDMENT TO LOAN PROGRAM AGREEMENTLoan Program Agreement • July 26th, 2021 • OppFi Inc. • Finance services
Contract Type FiledJuly 26th, 2021 Company IndustryTHIS FIRST AMENDMENT TO THE LOAN PROGRAM AGREEMENT (this “Amendment”) is made and entered into as of this 18th day of January, 2018, by and between FINWISE BANK, an FDIC insured Utah state chartered bank, with its principal office located at 820 East 9400 South, Sandy, Utah 84094 (“Bank”), and OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company with its principal office located at 130 East Randolph Street, Suite 3400, Chicago, Illinois 60601 (“Service Agent”). Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Program Agreement (defined herein).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 26th, 2021 • OppFi Inc. • Finance services
Contract Type FiledJuly 26th, 2021 Company IndustryThis Executive Employment Agreement (the “Agreement”) is entered into this September 16, 2015 (the “Effective Date”), between Opportunity Financial, LLC, an Illinois limited liability company (the “Company”), and Jared S. Kaplan (the “Executive”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Illinois
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis Executive Employment Agreement (the “Agreement”) is entered into this July 8, 2021, by and between Opportunity Financial, LLC, a Delaware limited liability company (the “Company”), and Neville Crawley (the “Executive”).
SECOND AMENDMENT TO THE AMENDED AND RESTATED PROGRAM AGREEMENTProgram Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis Second Amendment to the Program Agreement (as defined below) (this “Amendment”) is dated as of July 19, 2021 (the “Amendment Effective Date”), and is executed by all of the Parties to the Program Agreement. Capitalized terms used herein but not defined herein shall have the respective meanings ascribed to them in the Program Agreement.
AMENDMENT NO. 4 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 4 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of February 14, 2020 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), Ares Agent Services, L.P., as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent” and together with the Administrati
FIRST AMENDMENT TO THE AMENDED AND RESTATED PROGRAM AGREEMENTProgram Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis First Amendment to the Program Agreement (as defined below) (this “Amendment”) is dated as of May 13, 2020, but effective as of April 1, 2020 (the “Amendment Effective Date”), and is executed by all of the Parties to the Program Agreement. Capitalized terms used herein but not defined herein shall have the respective meanings ascribed to them in the Program Agreement.
THIRD AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF OPPORTUNITY FINANCIAL, LLC (a Delaware limited liability company) Dated as of July 20, 2021Limited Liability Company Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Delaware
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionThis Third Amended and Restated Limited Liability Company Agreement (as amended, supplemented or restated from time to time in accordance herewith, this “Agreement”) of Opportunity Financial, LLC (the “Company”), dated as of July 20, 2021, is entered by and among the Company, the Founder (as defined herein), the Managing Member (as defined herein) and the other Members (as defined herein).
AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Illinois
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 3 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of May 5, 2020 (the “Effective Date”) is entered into among the Credit Parties, the Agents and the Lenders (each as defined below) to amend that certain Revolving Credit Agreement, dated as of August 19, 2019 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as further amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE IV, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), BMO Harris Bank N.A., as Administrative Agent (in such capacity, the “Administrative Agent”), a
AMENDMENT NO. 3 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 3 TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of November 13, 2020 (the “Effective Date”) to that certain Amended and Restated Revolving Credit Agreement, dated as of January 31, 2020 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE III, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator, each Guarantor and eac
AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of December 20, 2019 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”; the Borrower, the Company, the Servicer, the Originator and each Seller, collectively, the “Credit Parties”), Ares Agent Services, L.P., as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent” and together with the Administrati
THIRD AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENTSenior Secured Multi-Draw Term Loan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS THIRD AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of February 14, 2020 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto, and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Administrative Agent”).
SIXTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS SIXTH AMENDMENT TO LOAN AGREEMENT (this “Agreement”) is made and entered into as of July 19, 2021 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto, and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Administrative Agent”).
SECOND AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENTSenior Secured Multi-Draw Term Loan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS SECOND AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of May 31, 2019 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Borrower”), the lenders, from time to time party to the Loan Agreement (individually, a “Lender” and, collectively, the “Lenders”), and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Administrative Agent”).
AMENDMENT NO. 7 TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 7 TO REVOLVING CREDIT AGREEMENT (this “Amendment”), dated as of November 13, 2020 (the “Effective Date”) to that certain Revolving Credit Agreement, dated as of April 15, 2019 (as amended, restated supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement” and, as amended by this Amendment, the “Amended Credit Agreement”), among Opportunity Funding SPE VI, LLC (the “Borrower”), Opportunity Financial, LLC (the “Company”), as originator (in such capacity, the “Originator”), as servicer (in such capacity, the “Servicer”), as a guarantor (in such capacity, a “Guarantor”) and as a Seller (in such capacity, a “Seller”), OppWin, LLC (“OppWin”), as a Seller (in such capacity, a “Seller”) and as a guarantor (in such capacity, a “Guarantor”), OppFi Management Holdings, LLC as a guarantor (in such capacity, a “Guarantor”; the Borrower, the Company, the Servicer, the Originator, each Guarantor and each Seller, collectively, the “Credit Parties”)
First Electronic Bank and Opportunity Financial, LLC PROGRAM MARKETING AND SERVICING AGREEMENT Dated November 1, 2019Program Marketing and Servicing Agreement • July 26th, 2021 • OppFi Inc. • Finance services • Utah
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS PROGRAM MARKETING AND SERVICING AGREEMENT (the “Agreement”), dated as of November 1, 2019 (“Effective Date”), is made by and between First Electronic Bank, an FDIC-insured, Utah state-chartered industrial bank having its principal location in Salt Lake City, Utah (“Bank”), and Opportunity Financial, LLC, a Delaware limited liability company, having its principal location in Chicago, Illinois (“Company”).
FIRST AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENTSenior Secured Multi-Draw Term Loan Agreement • July 26th, 2021 • OppFi Inc. • Finance services • New York
Contract Type FiledJuly 26th, 2021 Company Industry JurisdictionTHIS FIRST AMENDMENT TO SENIOR SECURED MULTI-DRAW TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of the 15th day of April, 2019 (the “Effective Date”), by and among OPPORTUNITY FINANCIAL, LLC, a Delaware limited liability company (the “Borrower”), the lenders, from time to time party to the Loan Agreement (individually, a “Lender” and, collectively, the “Lenders”), and MIDTOWN MADISON MANAGEMENT LLC, a Delaware limited liability company (the “Administrative Agent”).