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NEWTEK BUSINESS SERVICES CORP. (NASDAQ:NEWT) Files An 8-K Entry into a Material Definitive Agreement

NEWTEK BUSINESS SERVICES CORP. (NASDAQ:NEWT) Files An 8-K Entry into a Material Definitive Agreement

Item 1.01. >Entry Into a Material Definitive Agreement.

On June 21, 2017, Universal Processing Services of Wisconsin LLC
(NMS), CrystalTech Web Hosting, Inc. (NTS), Premier Payments LLC
(Premier), Small Business Lending, LLC (SBL) and ADR Partners,
LLC d/b/a banc-serv (BSP and together with NMS, NTS, Premier and
SBL, the Borrowers), each a portfolio company of Newtek Business
Services Corp. (the Company), entered into an Amended and
Restated Credit and Guaranty Agreement (the Agreement), dated
June 21, 2017, with the Lenders party thereto from time to time
and Goldman Sachs Bank USA (GS Bank), as Administrative Agent and
Collateral Agent, and Goldman Sachs Specialty Lending Group,
L.P., as Lead Arranger, to which the Lenders agreed to increase
the aggregate principal amount of the term loan facility
available to the Borrowers from $38,000,000 to $50,000,000 (the
Amended Facility) and to add SBL and BSP as Borrowers under the
Amended Facility. The Company, together with The Whitestone
Group, LLC, Wilshire Holdings I, Inc., Newtek Business Services
Holdco 1, Inc. (Holdco 1) and Banc-Serv Acquisition, Inc. (BSA),
each wholly-owned subsidiaries, whether directly or indirectly,
of the Company, and certain subsidiaries of Intermediate Holdings
and BSA party to the Agreement from time to time, including
Newtek LSP Holdco, LLC, UPSWI Sales, LLC and CRY Sales, LLC, have
agreed to guarantee the repayment of the Amended Facility and are
parties to the Agreement as Guarantors thereunder.
The proceeds of the Amended Facility will be used to finance
future growth as well as for general corporate purposes.
Concurrent with the increase in the aggregate principal amount of
the Amended Facility, the Borrowers received a reduction in the
interest rate of between 1.0% and 2.0% from the rates in effect
immediately prior to the Agreement. The term of the Amended
Facility has been extended through June 21, 2021.
The Agreement specifies certain events of default, to which GS
Bank could require immediate repayment by the Borrowers of all
outstanding amounts under the Amended Facility.
The above description is a summary and is qualified in its
entirety by the terms of the Agreement, which is filed as Exhibit
10.1 to this Current Report on Form 8-K and is incorporated by
reference herein.
A press release announcing the Amended Facility is filed as
Exhibit 99.1 to this Current Report on Form 8-K.
Item 2.03. Creation of a Direct Financial Obligation or an
Obligation under an Off-
Balance Sheet Arrangement of a Registrant.
The information contained in Item 1.01 of this Current Report on
Form 8-K is incorporated by reference herein.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit Number
Description
10.1
Amended and Restated Credit and Guaranty Agreement,
dated June 21, 2017, by and among Universal Processing
Services of Wisconsin LLC, CrystalTech Web Hosting,
Inc., Small Business Lending, LLC, ADR Partners, LLC,
Premier Payments LLC, Newtek Business Services Corp.,
Wilshire Holdings I, Inc., The Whitestone Group, LLC,
Newtek Business Services Holdco 1, Inc., Banc-Serv
Acquisition, Inc., certain subsidiaries of Newtek
Business Services Holdco 1, Inc. and Banc-Serv
Acquisition, Inc., including Newtek LSP Holdco, LLC,
CRY Sales, LLC and UPSWI Sales, LLC, the Lenders party
thereto from time to time, Goldman Sachs Bank USA, as
Administrative Agent and Collateral Agent, and Goldman
Sachs Specialty Lending Group, L.P., as Lead Arranger.
99.1
Press Release, dated June 22, 2017, announcing the
Amended Facility.

Newtek Business Services Corp. ExhibitEX-10.1 2 newtekgoldmanarcreditand.htm EXHIBIT 10.1 newtekgoldmanarcreditand EXHIBIT 10.1 EXECUTION VERSION AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of June 21,…To view the full exhibit click here About NEWTEK BUSINESS SERVICES CORP. (NASDAQ:NEWT)
Newtek Business Services Corp. is a non-diversified closed-end management investment company. The Company is engaged in non-bank lending providing a range of business services and financial products under the Newtek brand to the small- and medium-sized business (SMB) market. Its products and services consist of Business Lending, Electronic Payment Processing, Managed Technology Solutions (Cloud Computing), e-commerce, Accounts Receivable Financing, The Secure Gateway, The Newtek Advantage, personal and commercial Insurance Services, Web Services, Data Backup, Storage and Retrieval, and Payroll Solutions. The Company offers services along with its controlled portfolio companies. The Company’s portfolio consists of guaranteed and unguaranteed non-affiliate loan investments that are through its small business finance platform.

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