LOAN AND SECURITY AGREEMENT Dated as of January 10, 2020 by and among EXELA RECEIVABLES 1, LLC, as Borrower, THE PERSONS FROM TIME TO TIME PARTY HERETO, as Lenders, TPG SPECIALTY LENDING, INC., as Administrative Agent, PNC BANK, NATIONAL ASSOCIATION,...Loan and Security Agreement • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
This LOAN AND SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of January 10, 2020 by and among the following parties:
SECOND TIER PURCHASE AND SALE AGREEMENT dated as of January 10, 2020 between EXELA RECEIVABLES HOLDCO, LLC, as Seller EXELA TECHNOLOGIES, INC., as Initial Servicer, and EXELA RECEIVABLES 1, LLC, as BuyerSecond Tier Purchase and Sale Agreement • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
THIS SECOND TIER PURCHASE AND SALE AGREEMENT dated as of January 10, 2020 (this “Agreement”) is among EXELA TECHNOLOGIES, INC., a Delaware corporation (“Exela”), as initial servicer (in such capacity, the “Initial Servicer”), EXELA RECEIVABLES HOLDCO, LLC (“Seller”), and EXELA RECEIVABLES 1, LLC, a Delaware limited liability company (the “Buyer”).
FIRST TIER PURCHASE AND SALE AGREEMENTFirst Tier Purchase and Sale Agreement • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
THIS FIRST TIER PURCHASE AND SALE AGREEMENT dated as of January 10, 2020 (this “Agreement”) is among EXELA TECHNOLOGIES, INC., a Delaware corporation (“Exela”), as initial servicer (in such capacity, the “Initial Servicer”), THE PERSONS IDENTIFIED ON THE SIGNATURE PAGES HERETO AS ORIGINATORS (the “Originators” and each, an “Originator” unless such Person is no longer an affiliate of Exela as set forth in this Agreement), and EXELA RECEIVABLES HOLDCO, LLC, a Delaware limited liability company (the “Buyer”).
SUB-SERVICING AGREEMENT among EXELA TECHNOLOGIES, INC. Servicer and EACH ENTITY LISTED ON SCHEDULE 1 HERETO Sub-Servicer Dated as of January 10, 2020Sub-Servicing Agreement • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
This Sub-Servicing Agreement (this “Sub-Servicing Agreement” or this “Agreement”) is entered into as of January 10, 2020, by and between EXELA TECHNOLOGIES, INC., a Delaware corporation (the “Servicer”) and EACH ENTITY LISTED ON SCHEDULE 1 HERETO, severally and not jointly (each, a “Sub-Servicer”).
GUARANTYGuaranty, • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
This GUARANTY, (this “Agreement”) dated as of January 10, 2020, is between EXELA RECEIVABLES HOLDCO, LLC, a Delaware limited liability company (in its capacity as performance guarantor hereunder, “Performance Guarantor”; in its capacity as seller under the Second Tier Purchase and Sale Agreement, the “Seller”), and TPG SPECIALTY LENDING, INC. (“TSL”), as administrative agent (in such capacity, the “Administrative Agent”) for and on behalf of the Credit Parties and other Secured Parties, from time to time (each of the foregoing, including the Administrative Agent, a “Beneficiary” and, collectively, the “Beneficiaries”) under the Loan and Security Agreement, dated as of the date hereof, among Exela Receivables 1, LLC, a Delaware limited liability company (“Borrower”), Exela Technologies, Inc., as initial servicer, the Administrative Agent and PNC Bank, National Association, as LC Bank and Syndication Agent (as amended, restated, supplemented or otherwise modified from time to time, the “
PERFORMANCE GUARANTYPerformance Guaranty • January 15th, 2020 • Exela Technologies, Inc. • Services-business services, nec • New York
This PERFORMANCE GUARANTY, (this “Agreement”) dated as of January 10, 2020, is between EXELA TECHNOLOGIES, INC. (“Exela”), a Delaware corporation (the “Performance Guarantor”), and TPG SPECIALTY LENDING, INC. (“TSL”), as administrative agent (in such capacity, the “Administrative Agent”) for and on behalf of the Credit Parties and other Secured Parties, from time to time (each of the foregoing, including the Administrative Agent, a “Beneficiary” and, collectively, the “Beneficiaries”) under the Loan and Security Agreement, dated as of the date hereof, among Exela Receivables 1, LLC, a Delaware limited liability company (“Borrower”), Exela Technologies, Inc., as initial servicer (in such capacity, the “Initial Servicer”), the Administrative Agent and PNC Bank, National Association, as LC Bank and Syndication Agent (as amended, restated, supplemented or otherwise modified from time to time, the “Loan and Security Agreement”). Capitalized terms used and not otherwise defined in this Agree
