Amendment No. 4 to Loan Origination Agreement with Fifth Third Bank

EX-10.14(A) 6 c88906_ex10-14a.htm

Exhibit 10.14(a)

 

CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED

 

AMENDMENT NO. 4 TO LOAN ORIGINATION AGREEMENT

 

THIS AMENDMENT NO. 4 TO LOAN ORIGINATION AGREEMENT (this “Amendment”) is made as of April 30, 2018, by and between GreenSky, LLC, a Georgia limited liability company (“Servicer”), and Fifth Third Bank, an Ohio-chartered, FDIC-insured bank (“Lender”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Loan Origination Agreement (as defined herein).

 

WITNESSETH:

 

WHEREAS, Lender and Servicer have previously entered into that certain Loan Origination Agreement dated as of August 25, 2016, as amended by Amendment No. 1 to Loan Origination Agreement by and between Lender and Servicer, dated July 1, 2017, Amendment No. 2 to Loan Origination Agreement by and between Lender and Servicer, dated February 15, 2018, and Amendment No. 3 to Loan Origination Agreement by and between Lender and Servicer, dated March 20, 2018 (collectively, the “Loan Origination Agreement”); and

 

WHEREAS, Lender and Servicer desire to further amend the Loan Origination Agreement as set forth herein;

 

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Servicer hereby agree as follows:

 

1. The Loan Origination Agreement is hereby amended as follows:

 

a. The “New Application Minimum Requirements” in each of Schedule A-1 and Schedule A-2 to the Loan Origination Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof:

 

[*****]

 

b. The caption “Terms” and Section A thereunder in Schedule A-1 to the Loan Origination Agreement is hereby deleted in its entirety and the following is substituted in lieu thereof:

 

[*****]

 

c. The caption “Portfolio Characteristics” in Schedule A-1 to the Loan Origination Agreement is hereby amended by adding the following as a new Section F thereunder:

 

[*****]

 

2. Except as expressly amended hereby, the Loan Origination Agreement shall remain in full force and effect.

 

SS

4-30-18

 

Exhibit 10.14(a)

 

CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED

 

3. This Amendment may be executed and delivered by Lender and Servicer in facsimile or PDF format and in any number of separate counterparts, all of which, when delivered, shall together constitute one and the same document.

 

[Signature page follows]

 

SS

4-30-18

 

Exhibit 10.14(a)

 

CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED

 

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

 

  SERVICER:  
       
  GREENSKY, LLC  
     
  By: /s/ Timothy D. Kaliban  
  Name: Timothy D. Kaliban  
  Title: President  
       
  LENDER:  
       
  FIFTH THIRD BANK  
     
  By: /s/ Ben Hoffman  
  Name: Ben Hoffman  
  Title: SVP  
       
  By: /s/ Tim Spence  
  Name:  Tim Spence  
  Title: EVP  

 

Signature Page to

Amendment No. 4 to Loan Origination Agreement

SS

4-30-18