SECOND SUPPLEMENTAL INDENTURE dated as of February 13, 2015 among ENOVA INTERNATIONAL, INC., The Guarantor Party Hereto and U.S. BANK NATIONALASSOCIATION, as Trustee 9.75% SeniorNotes due 2021
Exhibit 4.3
SECOND SUPPLEMENTAL INDENTURE
dated as of February 13, 2015
among
ENOVA INTERNATIONAL, INC.,
The Guarantor Party Hereto
and
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
9.75% Senior Notes due 2021
THIS SECOND SUPPLEMENTAL INDENTURE (this Supplemental Indenture), entered into as of February 13, 2015, among ENOVA INTERNATIONAL, INC., a Delaware corporation (the Company), TENNESSEE CNU, LLC, a Delaware limited liability company (the Undersigned) and U.S. BANK NATIONAL ASSOCIATION, as trustee (the Trustee).
RECITALS
WHEREAS, the Company, the Guarantors party thereto and the Trustee entered into the Indenture, dated as of May 30, 2014 (as amended, supplemented or waived, the Indenture), relating to the Companys 9.75% Senior Notes due 2021 (the Notes);
WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Company agreed pursuant to the Indenture to cause any newly acquired or created Subsidiaries to provide Guarantees in certain circumstances.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to this Supplemental Indenture hereby agree as follows:
Section 1. Capitalized terms used herein and not otherwise defined herein are used as defined in the Indenture.
Section 2. The Undersigned, by its execution of this Supplemental Indenture, agrees to be a Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Guarantors, including, but not limited to, Article 10 thereof.
Section 3. This Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York.
Section 4. This Supplemental Indenture may be signed in various counterparts which together will constitute one and the same instrument.
Section 5. This Supplemental Indenture is an amendment supplemental to the Indenture and the Indenture and this Supplemental Indenture will henceforth be read together.
Section 6. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which are made solely by the Company and the Undersigned.
IN WITNESS WHEREOF, the parties hereto have caused this Second Supplemental Indenture to be duly executed as of the date first above written.
ENOVA INTERNATIONAL, INC., as Issuer | ||||
By: | /s/ David A. Fisher | |||
Name: | David A. Fisher | |||
Title: | Chief Executive Officer and President | |||
TENNESSEE CNU, LLC | ||||
By: | CNU Online Holdings, LLC | |||
The sole member and manager of the foregoing entity | ||||
By: | /s/ David A. Fisher | |||
Name: | David A. Fisher | |||
Title: | Manager | |||
By: | /s/ Lisa M. Young | |||
Name: | Lisa M. Young | |||
Title: | Manager | |||
U.S. BANK NATIONAL ASSOCIATION, as Trustee | ||||
By: | /s/ Linda Garcia | |||
Name: | Lisa Garcia | |||
Title: | Vice President |