AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT NEWTEK SMALL BUSINESS FINANCE, INC. (as Borrower) and CAPITAL ONE, NATIONAL ASSOCIATION (as Lender) Dated as of July 16, 2013Loan and Security Agreement • July 19th, 2013 • Newtek Business Services, Inc. • Services-business services, nec • New York
This Amended and Restated Loan and Security Agreement (as the same may be amended, modified, or restated from time to time, this “Agreement”) is dated this 16th day of July 2013 by and between NEWTEK SMALL BUSINESS FINANCE, INC., a New York corporation (“Borrower”), and CAPITAL ONE, NATIONAL ASSOCIATION (“Lender”).
CAPITAL ONE, N.A. MELVILLE, NEW YORK 11747 July 16, 2013Newtek Business Services, Inc. • July 19th, 2013 • Services-business services, nec • New York
Reference is made to the referenced Amended and Restated Loan and Security Agreement dated the date hereof (the “Credit Agreement”) between Capital One, National Association (the “Lender”) and Newtek Small Business Finance, Inc. (the “Borrower”). Reference is also made to the Amended and Restated Guaranty of Payment and Performance dated as of June 16, 2011 (the “Guaranty”) of Newtek Business Services, Inc. (the “Guarantor”) in favor of Lender, and the Amended and Restated Security Agreement dated as of June 16, 2011 (the “Security Agreement”) between the Guarantor and Lender. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.
