Exhibit 10.3
FOURTH AMENDMENT TO
CREDIT AND SECURITY AGREEMENT
This FOURTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this “Amendment”), dated as of March 27, 2026, is entered into by and among XBP Americas, LLC (formerly known as Exela Technologies BPA, LLC) a Delaware limited liability company, (the “Borrower”), the guarantors party thereto (the “Guarantors”), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, as administrative agent (the “Agent”), and the financial institutions or other entities from time to time parties hereto, each as a Lender.
RECITALS
WHEREAS, reference is made to that certain Credit And Security Agreement, dated as of July 29, 2025 (the “Original Credit Agreement”), by and among the Borrower, the Guarantors, the Lenders, and the Agent (as amended by that certain First Amendment to Credit Agreement, dated as of December 19, 2025, as further amended by that certain Second Amendment to Credit Agreement, dated as of January 21, 2026 and as further amended by that certain Third Amendment to Credit Agreement, dated as of March 6, 2026, the “Existing Credit Agreement”, and as such Existing Credit Agreement is amended hereby or as may be amended, restated, amended and restated, supplemented or modified from time to time thereafter, the “Credit Agreement”);
WHEREAS, the Borrower has requested that the Agent consent to certain amendments to the Existing Credit Agreement, and pursuant to Section 11.16 of the Credit Agreement, the Agent and the Lenders (including the Required Lenders) have agreed to the requested modification on the terms and conditions set forth herein; and
NOW, THEREFORE, in consideration of the promises, covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
Section 1. Definitions. All capitalized terms not otherwise defined herein are used as defined in the Credit Agreement.
Section 2. Acknowledgements; Reaffirmation.
2.1.Acknowledgment of Obligations. All Obligations are unconditionally owing by the Credit Parties, all without offset, defense (other than payment in full in cash of the Obligations (excluding any contingent indemnification and expense reimbursement obligations as to which no claim has been asserted)) or counterclaim of any kind, nature or description whatsoever.
2.2.Acknowledgment of Liens. Each of the Credit Parties hereby acknowledges, confirms and agrees that the Agent on behalf of the Lenders has and shall continue to have valid, enforceable and perfected first-priority Liens (subject to certain Permitted Liens) upon and security interests in the Collateral heretofore granted by the Credit Parties to the Agent on behalf of the Lenders pursuant to the Financing Documents.
2.3.Reaffirmation. In furtherance of the foregoing, and in connection with the execution and delivery of this Amendment, the Borrower and each other Credit Party, as debtors,
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grantors, pledgors, guarantors, or in other similar capacities in which such Credit Parties grant Liens or security interests in their properties, in each case under the Financing Documents, hereby (A) ratifies and reaffirms all of its payment and performance obligations, contingent or otherwise, under each Financing Document to which it is a party, and (B) to the extent such Credit Party granted Liens on or security interests in any of its property pursuant to any such Financing Document (including, but not limited to, the Security Documents), hereby ratifies, reaffirms, and re-grants such grant of security and confirms that such Liens and security interests continue to secure the Obligations.
Section 3. [Reserved].
Section 4. Amendment to Credit Agreement. As of the Effective Date (as defined below), subject to the satisfaction of the conditions precedent set forth in Section 5 of this Amendment,
4.1.Section 1.01 of the Existing Credit Agreement is hereby amended by:
4.1.1 amending and restating the definition of “Exar Facility Amendment” in its entirety as follows:
“Exar Facility Amendment” means the Exar Facility as amended and restated by that certain Amended and Restated Receivables Purchase Agreement, dated as of January 21, 2026, as amended by that certain Amendment No. 1 to Amended and Restated Receivables Purchase Agreement, dated as of February 10, 2026, and that certain Amendment No. 2 to Amended and Restated Receivables Purchase Agreement, dated as of March 27, 2026, and as may be subsequently amended, or amended and restated, provided that the aggregate amount of principal Indebtedness incurred with respect to the Exar Facility Amendment shall not exceed $20,000,000.
4.1.2amending clause “(j)” of the definition of Eligible Billed Account as follows:
(j) such Account is owned or generated by an Exar Originator; provided that upon the effectiveness of that certain Amendment No. 2 to Amended and Restated Receivables Purchase Agreement, dated as of March 27, 2026, an Account owned or generated by an Excluded Exar Originator may be deemed an Eligible Billed Account at the Agent’s sole discretion;
Section 5. Conditions Precedent. The effectiveness of this Amendment shall become effective on the date (the “Effective Date”) upon which each of the following conditions precedent have been satisfied:
(a)receipt by the Agent and the Lenders of this Amendment, duly executed and delivered by the Credit Parties, the Lenders and the Agent, in form and substance satisfactory to the Agent;
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(b)payment of all fees and other amounts due and payable on or prior to the date hereof pursuant to the Financing Documents, and the fees and disbursements invoiced at least one (1) Business Day prior to the Effective Date of the Agent’s counsel, Proskauer Rose LLP.
Section 6. [Reserved].
Section 7. Release; Waiver.
7.1.Release. Each Credit Party (on behalf of itself and its Affiliates) for itself and for its successors in title, legal representatives and assignees and, to the extent the same is claimed by right of, through or under any of the Credit Parties, for its past and present employees, agents, representatives, officers, directors, shareholders, and trustees (each, a “Releasing Party” and collectively, the “Releasing Parties”), does hereby remise, release and discharge the Agent and each Lender in their respective capacities as such under the Financing Documents, and the Agent’s and each Lender’s respective successors-in-title, legal representatives and assignees, past and present officers, directors, affiliates, shareholders, trustees, agents, employees, consultants, experts, advisors, attorneys and other professionals and all other persons and entities to whom the Agent and each Lender or any of their respective successors-in-title, legal representatives and assignees, past and present officers, directors, affiliates, shareholders, trustees, agents, employees, consultants, experts, advisors, attorneys and other professionals would be liable if such persons or entities were found to be liable to any Releasing Party or any of them (collectively, hereinafter the “Releasees”), from any and all manner of action and actions, cause and causes of action, claims, charges, demands, counterclaims, crossclaims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, rights of setoff and recoupment, controversies, damages, judgments, expenses, executions, liens, claims of liens, claims of costs, penalties, attorneys’ fees, or any other compensation, recovery or relief on account of any liability, obligation, demand or cause of action of whatever nature, whether in law, equity or otherwise (including, without limitation, any claims relating to (i) the making or administration of the Loans, including, without limitation, any such claims and defenses based on mistake, duress, usury or misrepresentation, or any other claim based on so-called “lender liability” theories, (ii) any covenants, agreements, duties or obligations set forth in the Existing Credit Agreement, (iii) increased financing costs, interest or other carrying costs, (iv) penalties, (v) lost profits or loss of business opportunity, (vi) legal, accounting and other administrative or professional fees and expenses and incidental, consequential and punitive damages payable to third parties, (vii) damages to business reputation or (viii) to the extent allowed by applicable Law, any claims arising under 11 U.S.C. Sections 541 to 550 or any claims for avoidance or recovery under any other federal, state or foreign law equivalent), whether known or unknown, fixed or contingent, joint and/or several, secured or unsecured, due or not due, primary or secondary, liquidated or unliquidated, contractual or tortious, direct, indirect, or derivative, asserted or unasserted, foreseen or unforeseen, suspected or unsuspected, now existing, heretofore existing or which may heretofore accrue against any of the Releasees, whether held in a personal or representative capacity, and which are, in each case, based on any act, fact, event or omission or other matter, cause or thing occurring at any time prior to or on the date hereof in any way, directly or indirectly arising out of, connected with or relating to the Existing Credit Agreement or any other Financing Document and the transactions contemplated thereby, and all other agreements, certificates, instruments and other documents and statements (whether written or oral) related to any of the
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foregoing (each, a “Claim” and collectively, the “Claims”). Each Releasing Party further represents that it has not sold or assigned any Claim and stipulates and agrees with respect to all Claims, that it hereby waives, to the fullest extent permitted by applicable Law, any and all provisions, rights, and benefits conferred by any Applicable Law, any applicable foreign Law or any principle of common law, that would otherwise limit a release or discharge of any unknown Claims pursuant to this Section 7.
The Borrower and each other Credit Party understands, acknowledges and agrees that its release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. The Borrower and each other Credit Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered, except as set forth above in this Section 7.1, shall affect in any manner the final, absolute and unconditional nature of the release set forth above.
7.2.Waiver. Each Credit Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Borrower or any other Credit Party pursuant to this Section 7. If a Credit Party or any of its successors, assigns or other legal representatives violates the foregoing covenant, each Credit Party, each for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.
7.3.Representation by Counsel. In entering into this Amendment, each Credit Party has consulted with and been represented by counsel and expressly disclaims any reliance on any representations, acts or omissions by the Agent, the Lenders or any of the Agent’s or the Lenders’ Affiliates and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth above do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity thereof. The provisions of this Section 7 shall survive the termination of this Amendment and the Credit Agreement and payment in full of all amounts owing thereunder.
Section 8. Miscellaneous.
8.1.Incorporations by Reference. The provisions of Sections 11.16 (Amendments and Waivers), 13.1 (Survival), 13.2 (No Waivers), 13.3 (Notices), 13.4 (Severability), 13.6 (Confidentiality), 13.8 (Governing Law; Submission To Jurisdiction), 13.9 (Waiver of Jury Trial), 13.14 (Expenses and Indemnity) and 13.17 (Successors and Assigns) of the Credit Agreement are incorporated herein by reference, mutatis mutandis.
8.2.Counterparts; Integration. This Amendment may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Signatures by facsimile or by electronic mail delivery of an electronic version of any executed signature page shall bind the parties hereto. In furtherance of the foregoing, the words “execution”, “signed”, “signature”, “delivery” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions
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contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act. As used herein, “Electronic Signature” means an electronic sound, symbol, or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or other record. This Amendment constitutes the entire agreement and understanding among the parties hereto and supersede any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.
8.3.Amendment is a “Financing Document”. This Amendment is a Financing Document and all references to a “Financing Document” in the Credit Agreement and the Financing Documents (including, without limitation, all such references in the representations and warranties in the Credit Agreement and the other Financing Documents) shall be deemed to include this Amendment.
8.4.References to the Credit Agreement. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof”, “herein”, or words of like import shall mean and be a reference to the Credit Agreement as amended hereby, and each reference to the Credit Agreement in any other document, instrument or agreement executed and/or delivered in connection with the Credit Agreement shall mean and be a reference to the Credit Agreement as amended hereby.
8.5.Representations and Warranties. The Borrower hereby represents and warrants that (a) this Amendment is the legal, valid and binding obligation of the Borrower, enforceable against the Borrower in accordance with its terms, (b) no Default, Event of Default or, to the Borrower’s knowledge, a potential Default shall have occurred and be continuing (aside from the Specified Defaults) and (c) the representations and warranties set forth in the Credit Agreement and in the other Financing Documents are true and correct in all respects on and as of the Effective Date with the same force and effect as if made on and as of the Effective Date (except to the extent that any such representation or warranty expressly relates to an earlier date, in which case, such representation or warranty shall be true and correct in all material respects as of such earlier date).
8.6.Reaffirmation of Obligations. The Borrower and each other Credit Party (a) acknowledges and consents to all of the terms and conditions of this Amendment, (b) affirms all of its obligations under the Financing Documents, and (c) agrees that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge the Borrower’s or such Credit Party’s obligations under the Financing Documents.
8.7.Reaffirmation of Security Interests. The Borrower and each other Credit Party (a) affirms that each of the Liens granted in or pursuant to the Financing Documents is valid and subsisting, and (b) agrees that this Amendment and all documents executed in connection herewith shall in no manner impair or otherwise adversely affect any of the Liens granted in or pursuant to the Financing Documents.
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8.8.No Other Changes. Except as specifically amended by this Amendment, the Credit Agreement, the other Financing Agreements and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGES FOLLOW.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first above written.
| BORROWER: | |
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| XBP AMERICAS, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| | Name: Andrej Jonovic |
| | Title: Authorized Signatory |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
GUARANTORS: | EXELA INTERMEDIATE LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| EXELA FINANCE, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| SOURCEHOV HOLDINGS, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| SOURCEHOV LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| CORPSOURCE HOLDINGS, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| SOURCECORP, INCORPORATED | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| SOURCECORP BPS INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| DELIVEREX, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| UNITED INFORMATION SERVICES, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| ECONOMIC RESEARCH SERVICES, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| SOURCECORP LEGAL INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| RUST CONSULTING, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| SOURCEHOV HEALTHCARE, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| KINSELLA MEDIA LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| HOV SERVICES, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| HOV ENTERPRISE SERVICES, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| MERIDIAN CONSULTING GROUP, LLC | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| RUSTIC CANYON III, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| HOV SERVICES, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| CHARTER LASON, INC. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| LASON INTERNATIONAL, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| SOURCECORP MANAGEMENT, INC. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| PANGEA ACQUISITIONS INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| BANCTEC GROUP LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| BANCTEC, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| BANCTEC (PUERTO RICO), INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| DOCUDATA SOLUTIONS, L.C. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| BTC VENTURES, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| RECOGNITION MEXICO HOLDING INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
| | |
| BANCTEC INTERMEDIATE HOLDING, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| RC4 CAPITAL, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| DFG2 HOLDINGS, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| DFG2, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| PLEXUS GLOBAL FINANCE, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| HOVG, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| TRAC HOLDINGS, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| MANAGED CARE PROFESSIONALS, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| FTS PARENT INC. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| TRANSCENTRA, INC. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| J & B SOFTWARE, INC. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| REGULUS HOLDING INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| REGULUS GROUP LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| REGULUS GROUP II LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| REGULUS AMERICA LLC | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| REGULUS INTEGRATED SOLUTIONS LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| EXELA RE LLC | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| REGULUS WEST LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| NOVITEX HOLDINGS, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| NOVITEX INTERMEDIATE, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| NOVITEX GOVERNMENT SOLUTIONS, LLC | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| EXELA XBP, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| BANCTEC (CANADA), INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| SOURCEHOV CANADA COMPANY | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| EXELA RECEIVABLES 3 HOLDCO, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| EXELA RECEIVABLES 3, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| AFFILIATED GUARANTORS: | |
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| XCV-EMEA, LLC | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| NEON ACQUISITION, LLC | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| NOVITEX ENTERPRISE SOLUTIONS CANADA, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| XBP ENTERPRISE SOLUTIONS, INC. | |
| | |
| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| SERVICES INTEGRATION GROUP, L.P. | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
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| SIG - GP L.L.C., A LIMITED LIABILITY COMPANY | |
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| By: | /s/ Andrej Jonovic |
| Name: Andrej Jonovic | |
| Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| AGENT: | |
| | |
| MIDCAP FUNDING IV TRUST | |
| | |
| By: | Apollo Capital Management, L.P., |
| | its investment manager |
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| By: | Apollo Capital Management GP, LLC, |
| | its general partner |
| | |
| By: | /s/ Maurice Amsellem |
| | Name: Maurice Amsellem |
| | Title: Authorized Signatory |
[Signature Page to Fourth Amendment to Credit and Security Agreement]
| LENDERS: | ||
| | ||
| MIDCAP FINANCIAL TRUST, | ||
| as Lender | ||
| | ||
| By: | Apollo Capital Management, L.P., | |
| | its investment manager | |
| | | |
| By: | Apollo Capital Management GP, LLC, | |
| | its general partner | |
| | ||
| By: | /s/ Maurice Amsellem | |
| | Name: Maurice Amsellem | |
| | Title: Authorized Signatory | |
[Signature Page to Fourth Amendment to Credit and Security Agreement]