0001437749-20-017974 Sample Contracts

AMENDED AND RESTATED RECEIVABLE SALES AGREEMENT
Receivable Sales Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri

THIS AMENDED AND RESTATED RECEIVABLE SALES AGREEMENT (this “Agreement”), dated as of April 1, 2020 (“Effective Date”), is made by and between THE BANK OF MISSOURI, a Missouri state-chartered bank, having its principal location in Perryville, Missouri (“Bank”), Fortiva Funding, LLC a Georgia limited liability company (“Receivables Purchaser”), having its principal location in Atlanta, Georgia. This Agreement amends and restates that earlier amended and restated agreement, dated April 1, 2017, as amended, between Receivables Purchaser and Mid America Bank & Trust Company (“MAB”). As a result of that Assignment and Assumption Agreement between MAB and Bank effective as of March 24, 2018, MAB assigned to Bank, and Bank assumed from MAB, that earlier amended and restated agreement, and all rights and obligations therein.

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AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENT
Program Management Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri

THIS AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENT (this “Agreement”), dated as of April 1, 2020 (“Effective Date”), is made by and between THE BANK OF MISSOURI, a Missouri state-chartered bank, having its principal location in Perryville, Missouri (“Bank”), and ATLANTICUS SERVICES CORPORATION, a Georgia corporation, having its principal location in Atlanta, Georgia (“Program Manager”). This Agreement amends and restates that earlier agreement, dated April 1, 2017, as amended, between Program Manager and Mid America Bank & Trust Company (“MAB”). As a result of that Assignment and Assumption Agreement between MAB and Bank effective as of March 24, 2018, MAB assigned to Bank, and Bank assumed from MAB, that earlier agreement, and all rights and obligations therein.

FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLE SALES AGREEMENT
Receivable Sales Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri

WHEREAS, Bank and Fortiva are parties to the Amended and Restated Receivable Sales Agreement (the “Agreement”) dated as of April 1, 2020, and mutually desire to amend it as set forth herein;

FIRST AMENDMENT TO AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENT
Program Management Agreement • August 14th, 2020 • Atlanticus Holdings Corp • Personal credit institutions • Missouri

This FIRST AMENDMENT TO AMENDED AND RESTATED PROGRAM MANAGEMENT AGREEMENT (“First Amendment”) dated as June 30, 2020 is made by and between The Bank of Missouri a Missouri, state-chartered bank, having its principal location in Perryville, MO (“Bank”), and Atlanticus Services Corporation (“Program Manager”), a Georgia corporation, having its principal location in Atlanta, Georgia.

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