NEWTEK BUSINESS SERVICES CORP. 4,400,000 Shares of Common Stock Second Amended and Restated Equity Distribution Agreement Dated as of August 31, 2018Equity Distribution Agreement • August 31st, 2018 • Newtek Business Services Corp. • New York
Newtek Business Services Corp., a Maryland corporation (the “Company”) confirms, amends, and restates its agreement (this “Agreement”) with the several placement agents named in Schedule A hereto (each a “Placement Agent,” or collectively “Placement Agents”), as follows:
GUARANTY OF PAYMENT AND PERFORMANCEPayment and Performance • August 31st, 2018 • Newtek Business Services Corp.
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of July 31, 2018 by Newtek Business Services Corp., a Maryland corporation, with its principal executive offices at 1981 Marcus Avenue, Suite 130, Lake Success, New York 11042 (“Guarantor”), in favor of (i) Capital One, National Association, in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for itself and for the Lenders and the other Secured Parties (as such terms are defined in the Credit Agreement identified below), having an address at 299 Park Avenue, New York, New York 10171, and (ii) the Lenders, having addresses set forth in the Credit Agreement.
Revolving Credit and Security Agreement among nbl spv i, llc, as Borrower, SMALL BUSINESS LENDING, LLC, as Servicer, U.S. Bank National association, as Backup Servicer, the Lenders from time to time parties hereto, and Capital One, N.A., as...Credit and Security Agreement • August 31st, 2018 • Newtek Business Services Corp. • New York
Revolving Credit and Security Agreement dated as of July 31, 2018 among NBL SPV I, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”); SMALL BUSINESS LENDING, LLC, a New York limited liability company, as the servicer (together with its permitted successors and assigns, the “Servicer”); U.S. BANK NATIONAL ASSOCIATION, as backup servicer (in such capacity, together with its successors and assigns, the “Backup Servicer”); the Lenders from time to time party hereto; and Capital One, N.A., as administrative agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Administrative Agent”) and as Lead Arranger.
