LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 22nd, 2009 • LendingClub Corp • Finance services
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of the Effective Date by and among the GOLD HILL LENDERS referenced on Exhibit A attached hereto (as modified from time to time in accordance with Section 12.1 of this Agreement, the “Gold Hill Lenders”), SILICON VALLEY BANK, a California corporation, in its capacity as lender (“SVB”; together with the Gold Hill Lenders, each individually, a “Lender”, and collectively, the “Lenders”), SVB in its capacity as agent on behalf of the Lenders (the “Administrative Agent”), and LENDINGCLUB CORPORATION, a Delaware corporation (“Borrower”), provides the terms on which Lenders shall lend to Borrower and Borrower shall repay Lenders. The parties agree as follows:
ContractWarrant Agreement • May 22nd, 2009 • LendingClub Corp • Finance services • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AND PURSUANT TO THE PROVISIONS OF ARTICLE 5 BELOW, MAY NOT BE OFFERED, SOLD OR OTHERWISE TRANSFERRED, PLEDGED OR HYPOTHECATED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND APPLICABLE STATE SECURITIES LAW OR, IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE ISSUER OF THESE SECURITIES, SUCH OFFER, SALE OR TRANSFER, PLEDGE OR HYPOTHECATION IS EXEMPT FROM REGISTRATION.
SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 22nd, 2009 • LendingClub Corp • Finance services
THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into this 18th day of May, 2009, by and among SILICON VALLEY BANK (“Lender”), and LENDINGCLUB CORPORATION, a Delaware corporation (“Borrower”).
FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 22nd, 2009 • LendingClub Corp • Finance services
THIS FOURTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”) is entered into this 18th day of May, 2009, by and among GOLD HILL VENTURE LENDING 03, LP (as modified from time to time, “Lenders”), GOLD HILL VENTURE LENDING 03, LP (“Gold Hill”) in its capacity as Administrative Agent on behalf of the Lenders, SILICON VALLEY BANK (“SVB”), in its capacity as Collection Agent on behalf of the Lenders, and LENDINGCLUB CORPORATION, a Delaware corporation (“Borrower”).
