FOURTH SUPPLEMENTAL INDENTURE dated as of September 1, 2017 among ENOVA INTERNATIONAL, INC., The Guarantor Party Hereto and COMPUTERSHARE TRUST COMPANY, N.A.,
Exhibit 4.2
FOURTH SUPPLEMENTAL INDENTURE
dated as of September 1, 2017
among
ENOVA INTERNATIONAL, INC.,
The Guarantor Party Hereto
and
COMPUTERSHARE TRUST COMPANY, N.A.,
and
COMPUTERSHARE TRUST COMPANY OF CANADA
as Trustee
9.75% Senior Notes due 2021
THIS FOURTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of September 1, 2017, among ENOVA INTERNATIONAL, INC., a Delaware corporation (the “Company”), CNU of Iowa, LLC, a Delaware limited liability company (the “Undersigned”) and COMPUTERSHARE TRUST COMPANY, N.A. and COMPUTERSHARE TRUST COMPANY OF CANADA, as successor trustee to U.S. Bank National Association (the “Trustee”).
RECITALS
WHEREAS, the Company, the Guarantors party thereto and the Trustee entered into the Indenture, dated as of May 30, 2014 (as amended, supplemented or waived, the “Indenture”), relating to the Company’s 9.75% Senior Notes due 2021 (the “Notes”);
WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Company agreed pursuant to the Indenture to cause any newly acquired or created Subsidiaries to provide Guarantees in certain circumstances.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to this Supplemental Indenture hereby agree as follows:
Section 1. Capitalized terms used herein and not otherwise defined herein are used as defined in the Indenture.
Section 2. The Undersigned, by its execution of this Supplemental Indenture, agrees to be a Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Guarantors, including, but not limited to, Article 10 thereof.
Section 3. This Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York.
Section 4. This Supplemental Indenture may be signed in various counterparts, which together will constitute one and the same instrument.
Section 5. This Supplemental Indenture is an amendment supplemental to the Indenture and the Indenture and this Supplemental Indenture will henceforth be read together.
Section 6. If any provision of this Supplemental Indenture limits, qualifies, or conflicts with another provision which is required to be included in this Supplemental Indenture or the Indenture by the Trust Indenture Act, the required provision shall control.
Section 7. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which are made solely by the Company and the Undersigned.
[Remainder of page intentionally left blank. Signatures on the following page.]
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executed as of the date first above written.
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By: |
/s/ Xxxxx X. Xxxxxx |
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Name: Xxxxx X. Xxxxxx |
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Title: Chief Executive Officer and President |
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CNU OF IOWA, LLC
By: CNU Online Holdings, LLC The sole member and manager of the foregoing entity By: /s/ Xxxxx X. FisherName: Xxxxx X. FisherTitle: ManagerBy: /s/ Xxxx X. YoungName: Xxxx X. YoungTitle: Manager
COMPUTERSHARE TRUST COMPANY, N.A. |
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By: |
/s/ Xxxxxxx X. Xxxxx |
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Name: Xxxxxxx X. Xxxxx |
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Title:Trust Officer |
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COMPUTERSHARE TRUST COMPANY OF CANADA
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By: |
/s/ Xxxxxxxx Xxxx |
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Name: Xxxxxxxx Xxxx |
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Title: Corporate Trust Officer |
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By: |
/s/ Xxxx Xxxx |
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Name: Xxxx Xxxx |
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Title: Manager, Corporate Trust |
