[***] CERTAIN INFORMATION IN THIS DOCUMENT HAS BEEN EXCLUDED PURSUANT TO REGULATION S-K, ITEM 601(B)(10). SUCH EXCLUDED INFORMATION IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.
AMENDMENT NO. 1 TO REVOLVING CREDIT AGREEMENT
THIS AMENDMENT NO. 1 TO REVOLVING CREDIT AGREEMENT, dated as of July 18, 2019 (this Amendment) to the Revolving Credit Agreement, dated as of April 15, 2019 (the Existing Credit Agreement and, as amended by this Amendment, the Amended Credit Agreement), among Opportunity Funding SPE VI, LLC (the Borrower), Opportunity Financial, LLC (the Company), as originator (in such capacity, the Originator), as servicer (in such capacity, the Servicer) and as a Seller (in such capacity, a Seller), OppWin, LLC (OppWin), as a Seller (in such capacity, a Seller), Ares Agent Services, L.P. (Ares), as Administrative Agent (in such capacity, the Administrative Agent) and Collateral Agent (in such capacity, the Collateral Agent and together with the Administrative Agent, the Agents) and the Lenders parties thereto from time to time (the Lenders and each, individually, a Lender).
WHEREAS, the Borrower, the Servicer, the Originator, the Sellers, the Agents and the Lenders entered into the Existing Credit Agreement whereby the Lenders agreed to extend a revolving credit facility (the Facility) to the Borrower and the Borrower agreed to secure its Obligations under the Existing Credit Agreement by granting to the Collateral Agent, for the benefit of the Secured Parties, a first priority Lien on all of its assets; and
WHEREAS, the parties hereto desire to amend the Existing Credit Agreement on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the parties hereto hereby agree as follows:
1. Definitions. Capitalized terms that are used in this Amendment (including the recitals hereto, which are herein incorporated) but are not defined herein shall have the meanings set forth in the Amended Credit Agreement, unless otherwise stated.
2. Amendments to Credit Agreement. Effective as of the date of this Amendment, the Existing Credit Agreement is hereby amended as follows:
(a) Section 1.01 of the Existing Credit Agreement is hereby amended by adding the following definitions in proper alphabetical order:
Daily Utilization Floor Amount means, with respect to any date on which the Borrower prepays the Loans in-full upon the occurrence of a Change of Control with respect to the Company during the first twelve (12) months of the Lock-Out Period in accordance with Section 2.7(a), the applicable