Exhibit 10.47
Amendment No. 3 to
Credit Agreement
This Amendment No. 3 to Credit Agreement (this “Amendment”) is entered into as of November 18, 2022, by and among OnDeck Receivables 2021, LLC, a Delaware limited liability company, as company (the “Borrower”), the lenders from time to time parties hereto (the “Lenders”), JPMorgan Chase Bank, N.A., as administrative agent and collateral agent for the Lenders (in such capacity, the “Administrative Agent”) and Deutsche Bank Trust Company Americas, as paying agent (in such capacity, the “Paying Agent”).
Recitals
Whereas, the Borrower has entered into that certain Credit Agreement, dated as of November 17, 2021, by and among the Borrower, the lenders, the Administrative Agent and the Paying Agent (as amended prior to the date hererof, by this Amendment and as further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”);
Whereas, in accordance with the terms of the Credit Agreement, the Borrower has requested, and the Required Lenders and Administrative Agent have agreed to, modify certain provisions of the Credit Agreement, upon the terms and subject to the conditions set forth herein.
Now, Therefore, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
Agreement
2
LEGAL_US_E # 166756386.3
(b) The relationship of the Administrative Agent and the Lenders, on the one hand, and the Borrower, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Credit Agreement or any of the other Credit Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
remainder of page intentionally blank; signatures follow.
3
LEGAL_US_E # 166756386.3
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed and delivered by its duly authorized officer as of the day and year first above written.
ONDECK RECEIVABLES 2021-1, LLC,
as Company
By:
Name:
Title:
Amendment No. 3 to Credit Agreement
JPMORGAN CHASE BANK, N.A.,
as Administrative Agent and Collateral Agent
By:
Name:
Title:
JPMORGAN CHASE BANK, N.A.,
as Class A Committed Lender
By:
Name:
Title:
CHARIOT FUNDING LLC
as Class A Conduit Lender
By: JPMORGAN CHASE BANK, N.A.,
its attorney-in-fact
By:
Name:
Title:
Amendment No. 3 to Credit Agreement
JEFFERIES FUNDING LLC, as Class B Lender
By:
Name:
Title:
Amendment No. 3 to Credit Agreement
Exhibit A
Marked Credit Agreement
See attached