SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY
THIS SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY dated October 11, 2019 (this Amendment) is entered into among Aarons, Inc., a Georgia corporation (the Sponsor), the Guarantors, the Participants party hereto and SunTrust Bank, as Servicer. All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Facility Agreement (as defined below).
WHEREAS, the Sponsor, the Participants and SunTrust Bank, as Servicer, entered into that certain Fourth Amended and Restated Loan Facility Agreement and Guaranty dated as of October 25, 2017 (as amended by that certain First Amendment to Fourth Amended and Restated Loan Facility Agreement and Guaranty dated as of October 23, 2018 and as further amended, restated, supplemented or otherwise modified from time to time, the Loan Facility Agreement);
WHEREAS, the Sponsor has requested certain amendments be made to the Loan Facility Agreement; and
WHEREAS, the Participants also agree to such amendments subject to the terms and conditions of this Amendment;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Introductory Paragraph and Recitals. The above introductory paragraph and recitals of this Amendment are incorporated herein by reference as if fully set forth herein.
2. Amendments to Loan Facility Agreement. The Loan Facility Agreement is hereby amended as follows:
(a) The following definitions are added in the appropriate alphabetical order to Section 1.1 of the Loan Facility Agreement:
Second Amendment means that certain Second Amendment to Fourth Amended and Restated Loan Facility Agreement and Guaranty dated as of the Second Amendment Effective Date by and among the Sponsor, the Guarantors identified therein, the Participants identified therein and the Servicer.
Second Amendment Effective Date means October 11, 2019.
(b) The definition of Maximum Commitment Amount in Section 1.1 of the Loan Facility Agreement is amended by replacing the text Fifty-Five Million and No/100 Dollars ($55,000,000) with the text Forty Million and No/100 Dollars ($40,000,000).
(c) Section 2.1(a) of the Loan Facility Agreement is amended by replacing the text October 23, 2019 with the text October 22, 2020.