FINANCING AGREEMENTFinancing Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services
This FINANCING AGREEMENT (as modified, amended, extended, restated, amended and restated and/or supplemented from time to time, this “Agreement”), dated as of February 7, 2019 is being entered into by and among (a) EF SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the “Borrower”), (b) Elevate Credit, Inc., a Delaware corporation as a Guarantor (as defined herein) and the other Guarantors from time to time party hereto, (c) the lenders listed on the Schedule of Lenders attached hereto (each individually, a “Lender” and collectively, the “Lenders”) and (d) Victory Park Management, LLC, as administrative agent and collateral agent (the “Agent”) for the Lenders and the Holders (as defined herein).
FIFTH AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • Delaware
This FIFTH AMENDED AND RESTATED FINANCING AGREEMENT (as modified, amended, extended, restated, amended and restated and/or supplemented from time to time, this “Agreement”), dated as of February 7, 2019 is being entered into by and among Rise SPV, LLC, a Delaware limited liability company ( “Rise SPV”), and Today Card, LLC, a Delaware limited liability company (“Today Card”; together with Rise SPV, the “US Term Note Borrowers”), Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 (the “UK Borrower”), as the UK Borrower, Elevate Credit Service, LLC, a Delaware limited liability company, as the US Last Out Term Note Borrower (“Elevate Credit” or the “US Last Out Term Note Borrower”; the US Term Note Borrowers, the UK Borrower and the US Last Out Term Note Borrower, each a “Borrower” and collectively, the “Borrowers”), Elevate Credit, Inc., a Delaware corporation (“Elevate Credit Parent”), as a Guarantor (as defined herein), the other G
FIRST AMENDMENT TO JOINT MARKETING AGREEMENTJoint Marketing Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services
THIS FIRST AMENDMENT TO JOINT MARKETING AGREEMENT (this “Amendment”), effective as of August 1, 2019 (“Amendment Effective Date”), is by and between EF Marketing, LLC, a Delaware limited liability company (“EM”) and FinWise Bank, a Utah state chartered bank (“FB”).
CREDIT DEFAULT PROTECTION AGREEMENTCredit Default Protection Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • New York
THIS CREDIT DEFAULT PROTECTION AGREEMENT (this "Agreement") is made and entered into as of October 15, 2018, by and between EF Financial, LLC, a Delaware limited liability company ("EFF") and EF SPV, Ltd., a Cayman Islands exempted company incorporated with limited liability ("EFSPV"). Each party to this Agreement may be referred to herein, individually, as a "Party" or, collectively, as "Parties."
FIRST AMENDMENT TO PARTICIPATION AGREEMENTParticipation Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services
THIS FIRST AMENDMENT TO PARTICIPATION AGREEMENT (this “Amendment”), effective as of August 1, 2019 (“Amendment Effective Date”), is by and between EF SPV, Ltd., a Cayman Islands exempted company incorporated with limited liability (“EFSPV”) and FinWise Bank, a Utah state chartered bank (“FB”).
FIRST AMENDMENT TO CREDIT DEFAULT PROTECTION AGREEMENTCredit Default Protection Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services
This FIRST AMENDMENT TO CREDIT DEFAULT PROTECTION AGREEMENT (this “Amendment”) is made and entered into as of April 24, 2019 by and between EF SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (“EFSPV”) and EF Financial, LLC, a Delaware limited liability company ("EFF").
FIRST AMENDMENT TO TECHNOLOGY AND SUPPORT AGREEMENTTechnology and Support Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services
THIS FIRST AMENDMENT TO TECHNOLOGY AND SUPPORT AGREEMENT (this “Amendment”), effective as of August 1, 2019 (“Amendment Effective Date”), is by and between Elevate Decision Sciences, LLC, a Delaware limited liability company (“EDS”) and FinWise Bank, a Utah state chartered bank (“FB”).
JOINT MARKETING AGREEMENTJoint Marketing Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • Utah
This JOINT MARKETING AGREEMENT (this “Agreement”), effective as of October 15, 2018 (“Effective Date”), between FinWise Bank, a Utah state chartered bank (“FB”) and EF Marketing, LLC, a Delaware limited liability company (“EM”). FB and EM are individually referred to as a “Party” and, collectively, the “Parties.” Certain other capitalized terms used herein shall have the meanings ascribed thereto in Exhibit A.
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • New York
THIS ADMINISTRATIVE SERVICES AGREEMENT (this "Agreement"), is made as of October 15, 2018, by and between EF SPV, Ltd., a Cayman Islands exempted company incorporated with limited liability ("EFSPV") and EF Financial, LLC, a Delaware limited liability company ("Agent"). Each party to this Agreement may be referred to herein, individually, as a "Party" or, collectively, as "Parties."
TECHNOLOGY AND SUPPORT AGREEMENTTechnology and Support Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • Utah
This TECHNOLOGY AND SUPPORT AGREEMENT (this “Agreement”), effective as of October 15, 2018 (“Effective Date”), by and between FinWise Bank, a Utah state chartered bank (“FB”) and Elevate Decision Sciences, LLC, a Delaware limited liability company (“EDS”). FB and EDS are individually referred to as a “Party” and, collectively, the “Parties.”
PARTICIPATION INTEREST PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • February 14th, 2020 • Elevate Credit, Inc. • Finance services • Utah
This PARTICIPATION INTEREST PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of August 1, 2019 (“Effective Date”), and is executed by and between FinWise Bank, a Utah state chartered bank (“Seller”), and EF SPV, LTD., an exempted company incorporated with limited liability under the laws of the Cayman Islands (“Purchaser”). Each party to this Agreement may be referred to herein, individually, as a “Party” or, collectively, as the “Parties.”
