Amendment To Financing Agreement Sample Contracts

Energy Fuels Inc – Consent, Waiver and Release Agreement and Amendment to Financing Agreement (May 3rd, 2018)

This Consent, Waiver and Release Agreement and Amendment to Financing Agreement (the "Agreement"), dated March 14, 2018, is by and among Uranerz Energy Corporation ("Borrower"), a Nevada corporation, Johnson County, Wyoming ("Issuer"), a political subdivision of the State of Wyoming, the State of Wyoming ("Purchaser"), acting by and through the Wyoming State Treasurer, Energy Fuels Holdings Corp. ("Energy Fuels"), a Delaware corporation and wholly owned subsidiary of Energy Fuels Inc., and UMB Bank, n.a. (Trustee), a national banking association duly organized and existing under the laws of the United States of America.

Advocat, Inc. – Third Amendment to Second Amended and Restated Term Loan and Security Agreement and Amendment to Financing Agreements (March 1st, 2018)

THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED TERM LOAN AND SECURITY AGREEMENT AND AMENDMENT TO FINANCING AGREEMENTS (this "Amendment") dated as of February 27, 2018, by and among CIBC BANK USA, formerly known as The PrivateBank and Trust Company, an Illinois banking corporation (together with its successors and assigns, "Administrative Agent") in its capacity as administrative agent for the Lenders (as defined below), the Lenders, and the Affiliates of Diversicare Healthcare Services, Inc. identified on the signature pages as "Borrower" (individually and collectively, "Borrower").

Crown Crafts – Twelfth Amendment to Financing Agreement (December 18th, 2017)

THIS TWELFTH AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), dated this 15th day of December, 2017, and becoming effective as described in Section 3.2 hereof, is made by and among:

GP Investments Acquisition Corp. – Fourth Amendment to Financing Agreement (June 30th, 2017)

FOURTH AMENDMENT, dated as of May 15, 2017 (this "Amendment"), to the Financing Agreement, dated as of June 24, 2016 (as amended, supplemented, replaced or otherwise modified from time to time, the "Financing Agreement"), by and among Rimini Street, Inc., a Nevada corporation (the "Parent"; and together with each other Person that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Services LLC ("Cortland"), as collateral agent for the Lenders (in such capacity, together with it

GP Investments Acquisition Corp. – Third Amendment to Financing Agreement (June 30th, 2017)

THIRD AMENDMENT, dated as of May 8, 2017 (this "Amendment"), to the Financing Agreement, dated as of June 24, 2016 (as amended, supplemented, replaced or otherwise modified from time to time, the "Financing Agreement"), by and among Rimini Street, Inc., a Nevada corporation (the "Parent"; and together with each other Person that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Services LLC ("Cortland"), as collateral agent for the Lenders (in such capacity, together with its

GP Investments Acquisition Corp. – First Amendment to Financing Agreement (June 30th, 2017)

FIRST AMENDMENT, dated as of August 9th, 2016 (this "Amendment"), to the Financing Agreement, dated as of June 24, 2016 (as amended, supplemented, replaced or otherwise modified from time to time, the "Financing Agreement"), by and among Rimini Street, Inc., a Nevada corporation (the "Parent"; and together with each other Person that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party hereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Services LLC ("Cortland"), as collateral agent for the Lenders (in such capacity, together with

Elevate Credit, Inc. – Third Amendment to Financing Agreement (May 2nd, 2017)

This THIRD AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of April 27, 2017 by and among Elastic SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the Borrower), Elevate Credit, Inc., a Delaware corporation (Elevate Credit) as a Guarantor, the other Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement or if not defined therein, in the Pledge and Security Agreement.

Aurora Diagnostics Holdings Llc – Seventh Amendment to Financing Agreement (April 25th, 2017)

SEVENTH AMENDMENT, dated as of April 20, 2017 (this Amendment), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the Financing Agreement), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the Parent), Aurora Diagnostics, LLC, a Delaware limited liability company (the Borrower), each subsidiary of the Parent listed as a Guarantor on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a Guarantor thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a Guarantor and collectively, the Guarantors), the lenders from time to time party thereto (each a Lender and collectively, the Lenders), Cerberus Business Finance, LLC, a Delaware limited liability company (Cerberus), as collateral agent for the Lenders (in such capacity, together with its succe

Aurora Diagnostics Holdings Llc – Sixth Amendment to Financing Agreement (March 31st, 2017)

SIXTH AMENDMENT, dated as of March 27, 2017 (this "Amendment"), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the "Financing Agreement"), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the "Parent"), Aurora Diagnostics, LLC, a Delaware limited liability company (the "Borrower"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity, tog

Elevate Credit, Inc. – Second Amendment to Financing Agreement (January 30th, 2017)

This SECOND AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of July 14, 2016 by and among Elastic SPV, Ltd., an exempted company incorporated with limited liability under the laws of the Cayman Islands (the Borrower), Elevate Credit, Inc., a Delaware corporation (Elevate Credit) as a Guarantor, the other Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties) and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement or if not defined therein, in the Pledge and Security Agreement.

Angie's List Inc. – Second Amendment to Financing Agreement (November 2nd, 2016)

THIS SECOND AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), is entered into as of November 1, 2016, by and among Angie's List, Inc., a Delaware corporation ("Company") and other entities that become borrowers from time to time party hereto (collectively with the Company, the "Borrowers" and, individually, a "Borrower"), AL BV Investment, Inc., a Delaware corporation ("AL BV"), AL Campus Kids, LLC, an Indiana limited liability company ("AL Campus"), AL Real Estate Holdings, LLC, an Indiana limited liability company ("AL RE", and together with AL BV, AL Campus and each other Guarantor from time to time party hereto, the "Guarantors", and collectively with the Borrower, the "Loan Parties"), TCW Asset Management Company, a California corporation ("TCW"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent") and TCW, as collateral agent for the Secured Parties (in such capacity, together with it

Alj Regional Holdings Inc – First Amendment to Financing Agreement (July 20th, 2016)

FIRST AMENDMENT, dated as of July 18, 2016 (this "Amendment"), to the Financing Agreement, dated as of August 14, 2015, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the "Financing Agreement"), by and among ALJ Regional Holdings, Inc., a Delaware corporation (the "Parent"), Faneuil, Inc., a Delaware corporation ("Faneuil"), Floors-N-More, LLC, a Nevada limited liability company ("FNM"), Phoenix Color Corp., a Delaware corporation ("PCC", and together with the Parent, Faneuil, FNM and each other Person that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as hereinafter defined), each a "Guarantor" and collectively, the "Guarant

Angie's List Inc. – First Amendment to Financing Agreement (June 15th, 2016)

THIS FIRST AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), is entered into as of June 10, 2016, by and among Angie's List, Inc., a Delaware corporation ("Company") and other entities that become borrowers from time to time party hereto (collectively with the Company, the "Borrowers" and, individually, a "Borrower"), AL BV Investment, Inc., a Delaware corporation ("AL BV"), AL Campus Kids, LLC, an Indiana limited liability company ("AL Campus"), AL Real Estate Holdings, LLC, an Indiana limited liability company ("AL RE", and together with AL BV, AL Campus and each other Guarantor from time to time party hereto, the "Guarantors", and collectively with the Borrower, the "Loan Parties"), TCW Asset Management Company, a California corporation ("TCW"), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Administrative Agent") and TCW, as collateral agent for the Secured Parties (in such capacity, together with its su

Elevate Credit, Inc. – Fifth Amendment to Financing Agreement (June 3rd, 2016)

This FIFTH AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of February 11, 2016 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Creditor the US Last Out Term Note Borrower), the Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement.

Aurora Diagnostics Holdings Llc – Fifth Amendment to Financing Agreement (April 13th, 2016)

FIFTH AMENDMENT, dated as of April 8, 2016 (this "Amendment"), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the "Financing Agreement"), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the "Parent"), Aurora Diagnostics, LLC, a Delaware limited liability company (the "Borrower"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity, toge

Crown Crafts – Eleventh Amendment to Financing Agreement (April 4th, 2016)

THIS ELEVENTH AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), dated this 31 day of March, 2016, and becoming effective as described in Section 3.2 hereof, is made by and among:

OTG EXP, Inc. – First Amendment to Financing Agreement (January 14th, 2016)

FIRST AMENDMENT, dated as of January 2, 2014 (this "First Amendment"), to the Financing Agreement, dated as of December 11, 2012 (as amended, restated, supplemented, modified or otherwise changed from time to time, the "Financing Agreement"), by and among OTG Consolidated Holdings, Inc., a Pennsylvania corporation (the "Parent"), OTG Management, Inc., a Pennsylvania corporation ("OTG", and together with Parent, the "Parent Guarantors"), OTG Management, LLC, a Delaware limited liability company (the "Borrower"), each Subsidiary of the Parent and the Borrower listed as a "Subsidiary Guarantor" on the signature pages thereto or which becomes a Subsidiary Guarantor (as defined in the Financing Agreement) pursuant thereto (each a "Subsidiary Guarantor" and, collectively, the "Subsidiary Guarantors", and together with the Parent Guarantors, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and, collectively, the "Lenders"), Highbridge Principal Strategies, LLC (

Elevate Credit, Inc. – Fourth Amendment to Financing Agreement (December 31st, 2015)

This FOURTH AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of December 16, 2015 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement.

Crown Crafts – Tenth Amendment to Financing Agreement (December 28th, 2015)

THIS TENTH AMENDMENT TO FINANCING AGREEMENT (this "Amendment"), dated this 28th day of December, 2015, and becoming effective as described in Section 3.2 hereof, is made by and among:

Eighth Amendment to Financing Agreement (December 17th, 2015)

EIGHTH AMENDMENT, dated as of December 16, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 31, 2012 (as previously amended, the "Financing Agreement"), by and among Christals Acquisition, LLC, a Delaware limited liability company (the "Parent"), Peekay Acquisition, LLC, a Delaware limited liability company ("Peekay Acquisition"), the subsidiaries of Peekay Acquisition listed as Borrowers on the signature pages thereto (together with Peekay Acquisition, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Serv

Seventh Amendment to Financing Agreement (December 3rd, 2015)

SEVENTH AMENDMENT, dated as of November 30, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 31, 2012 (as previously amended, the "Financing Agreement"), by and among Christals Acquisition, LLC, a Delaware limited liability company (the "Parent"), Peekay Acquisition, LLC, a Delaware limited liability company ("Peekay Acquisition"), the subsidiaries of Peekay Acquisition listed as Borrowers on the signature pages thereto (together with Peekay Acquisition, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Ser

Fifth Amendment to Financing Agreement (November 20th, 2015)

FIFTH AMENDMENT, dated as of October 31, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 31, 2012 (as previously amended, the "Financing Agreement"), by and among Christals Acquisition, LLC, a Delaware limited liability company (the "Parent"), Peekay Acquisition, LLC, a Delaware limited liability company ("Peekay Acquisition"), the subsidiaries of Peekay Acquisition listed as Borrowers on the signature pages thereto (together with Peekay Acquisition, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Servic

Sixth Amendment to Financing Agreement (November 20th, 2015)

SIXTH AMENDMENT, dated as of November 19, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 31, 2012 (as previously amended, the "Financing Agreement"), by and among Christals Acquisition, LLC, a Delaware limited liability company (the "Parent"), Peekay Acquisition, LLC, a Delaware limited liability company ("Peekay Acquisition"), the subsidiaries of Peekay Acquisition listed as Borrowers on the signature pages thereto (together with Peekay Acquisition, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Servi

Abtech Holdings, Inc. – Amendment to Financing Agreement (November 10th, 2015)

This AMENDMENT TO FINANCING AGREEMENT (this "Amendment") is dated as of November ___, 2015 by and among Abtech Holdings, Inc. (the "Company") and the persons or entities set forth on Exhibit A hereto (the "Participants"), all of which are parties to that certain Financing Agreement dated October 19, 2015 (the "Agreement") by and among the Company and the Participants.

Elevate Credit, Inc. – Third Amendment to Financing Agreement (November 9th, 2015)

This THIRD AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of October 21, 2015 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement.

Elevate Credit, Inc. – First Amendment to Financing Agreement (November 9th, 2015)

This FIRST AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of October 21, 2015 by and among (a) Elastic 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 and the other Guarantors party hereto (the Borrower and the Guarantors are collectively referred to herein as the Credit Parties), (c) the financial institutions party hereto as Lenders (collectively, the Lenders), and (d) Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement.

Elevate Credit, Inc. – Second Amendment to Financing Agreement (November 9th, 2015)

This SECOND AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of May 20, 2015 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), the financial institutions party hereto as Lenders (collectively, the Lenders), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascr

Waiver and Amendment to Financing Agreement, and Reaffirmation of Guaranty (November 6th, 2015)

This WAIVER AND AMENDMENT TO FINANCING AGREEMENT AND REAFFIRMATION OF GUARANTY dated as of March 16, 2015 (the "Amendment"), is executed by and among Midwest Energy Emissions Corp., a Delaware corporation, (the "Borrower"), MES, Inc., a North Dakota corporation ("MES" or "Guarantor"), and AC Energy Midwest LLC, a Delaware limited liability company (the "Lender").

Elevate Credit, Inc. – Third Amendment to Financing Agreement (October 27th, 2015)

This THIRD AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of October 21, 2015 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Financing Agreement.

Elevate Credit, Inc. – Second Amendment to Financing Agreement (October 6th, 2015)

This SECOND AMENDMENT TO FINANCING AGREEMENT (this Amendment) is made and entered into as of May 20, 2015 by and among Rise SPV, LLC, a Delaware limited liability company (the US Term Note Borrower), as the US Term Note Borrower, Elevate Credit International Ltd., a company incorporated under the laws of England with number 05041905 f/k/a Think Finance (UK) Ltd. (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 Guarantors party hereto (such Guarantors, collectively with Elevate Credit and the Borrower, the Credit Parties), the financial institutions party hereto as Lenders (collectively, the Lenders), and Victory Park Management, LLC, as administrative agent and collateral agent for the Lenders and the Holders (in such capacity, the Agent). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascr

Amendment No. 3 to Financing Agreement (September 21st, 2015)

AMENDMENT NO. 3 TO FINANCING AGREEMENT, dated as of September 18, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 4, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the "Financing Agreement"), by and among ITT Educational Services, Inc. (the "Parent" or the "Borrower"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC ("Cerberus"), as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the "Collateral Agent"), and Cerberus, as administrative agent for the Lenders (in such c

Aurora Diagnostics Holdings Llc – Fourth Amendment to Financing Agreement (September 21st, 2015)

FOURTH AMENDMENT, dated as of September 18, 2015 (this "Amendment"), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the "Financing Agreement"), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the "Parent"), Aurora Diagnostics, LLC, a Delaware limited liability company (the "Borrower"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity

Aurora Diagnostics Holdings Llc – Third Amendment to Financing Agreement (July 20th, 2015)

THIRD AMENDMENT, dated as of July 14, 2015 (this Amendment), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the Financing Agreement), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the Parent), Aurora Diagnostics, LLC, a Delaware limited liability company (the Borrower), each subsidiary of the Parent listed as a Guarantor on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a Guarantor thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a Guarantor and collectively, the Guarantors), the lenders from time to time party thereto (each a Lender and collectively, the Lenders), Cerberus Business Finance, LLC, a Delaware limited liability company (Cerberus), as collateral agent for the Lenders (in such capacity, together with its successo

Fourth Amendment to Financing Agreement (July 7th, 2015)

FOURTH AMENDMENT, dated as of June 30, 2015 (this "Amendment"), to the Financing Agreement, dated as of December 31, 2012 (as previously amended, the "Financing Agreement"), by and among Christals Acquisition, LLC, a Delaware limited liability company (the "Parent"), Peekay Acquisition, LLC, a Delaware limited liability company ("Peekay Acquisition"), the subsidiaries of Peekay Acquisition listed as Borrowers on the signature pages thereto (together with Peekay Acquisition, each a "Borrower" and collectively, the "Borrowers"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" hereunder or otherwise guaranties all or any part of the Obligations (as defined therein), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cortland Capital Market Services

Aurora Diagnostics Holdings Llc – First Amendment to Financing Agreement (June 4th, 2015)

FIRST AMENDMENT, dated as of March 4, 2015 (this "Amendment"), to the Financing Agreement, dated as of July 31, 2014, as amended, restated, supplemented or otherwise modified from time to time (as so amended, the "Financing Agreement"), by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the "Parent"), Aurora Diagnostics, LLC, a Delaware limited liability company (the "Borrower"), each subsidiary of the Parent listed as a "Guarantor" on the signature pages thereto (together with the Parent and each other Person that executes a joinder agreement and becomes a "Guarantor" thereunder or otherwise guaranties all or any part of the Obligations (as thereinafter defined), each a "Guarantor" and collectively, the "Guarantors"), the lenders from time to time party thereto (each a "Lender" and collectively, the "Lenders"), Cerberus Business Finance, LLC, a Delaware limited liability company ("Cerberus"), as collateral agent for the Lenders (in such capacity, toge