SEC Info - Wintrust Financial Corp - ‘8-K’ for 12/15/17

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Wintrust Financial Corp – ‘8-K’ for 12/15/17 – ‘EX-10.1’

On: Monday, 12/18/17, at 4:32pm ET · For: 12/15/17 · Accession #: 1015328-17-230 · File #: 1-35077

  As Of                Filer                Filing    For·On·As Docs:Size

12/18/17  Wintrust Financial Corp           8-K:1,2,9  12/15/17    3:55K

Current Report — Form 8-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         8-K Re Third Amending Agreement to Receivables      HTML     19K 
                          Purchase Agreement                                     
 2: EX-10.1     Exhibit 10.1 Third Amending Agreement               HTML     13K 
 3: EX-10.2     Exhibit 10.2 Performance Guarantee Confirmation     HTML      7K

EX-10.1 — Exhibit 10.1 Third Amending Agreement

This exhibit is an HTML Document rendered as filed. [ Alternative Formats ]

Exhibit

EXHIBIT 10.1

THIRD AMENDING AGREEMENT
(First Insurance Funding of Canada Inc.)

This Third Amending Agreement made as of December 15, 2017.

B E T W E E N:

FIRST INSURANCE FUNDING OF CANADA INC.

(hereinafter referred to as the “Seller” or the “Servicer”)

- and -

CIBC MELLON TRUST COMPANY, in its capacity as trustee of PLAZA TRUST,

(hereinafter referred to as the “Purchaser”)

RECITALS:

WHEREAS the parties hereto are parties to a receivables purchase agreement dated as of December 16, 2014 (as amended by amending agreements dated December 15, 2015 and September 9, 2016, the “RPA”);

AND WHEREAS the parties hereto have agreed to further amend the RPA;

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:


1.	Amendments


(a)	The definition of “Commitment Maturity Date” in Section 1.1 of the RPA is amended by deleting the reference to “December 15, 2017” in such definition and replacing it with “December 16, 2019”.


(b)	The definition of “Facility Limit” in Section 1.1 of the RPA is amended by deleting the reference to “$160,000,000” in such definition and replacing it with “$170,000,000”


2.	General


(a)	This Third Amending Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.


(b)	This Third Amending Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.


(c)	This Third Amending Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which, when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement.

IN WITNESS WHEREOF the parties have caused this Third Amending Agreement to be executed by their respective duly authorized officers as of the date first above written.



		FIRST INSURANCE FUNDING OF CANADA INC.
		By:	/s/*Stuart G. Bruce*
			Name: Stuart G. Bruce
			Title: Chief Executive Officer

		By:	/s/*John Martin*
			Name: John Martin
			Title: Senior Vice President



		CIBC MELLON TRUST COMPANY, in its capacity as trustee of PLAZA TRUST, by its Financial Services Agent, ROYAL BANK OF CANADA
		By:	/s/ *Ian Benaiah*
			Name: Ian Benaiah
			Title: Authorized Signatory

		By:	/s/*Nur Khan*
			Name: Nur Khan
			Title: Authorized Signatory

Dates Referenced Herein

This ‘8-K’ Filing	Date	Other Filings

	12/16/19	None on these Dates
Filed on:	12/18/17
For Period End:	12/15/17
	9/9/16
	12/15/15
	12/16/14
		List all Filings

4 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/28/24  Wintrust Financial Corp.          10-K       12/31/23  155:32M
 2/28/23  Wintrust Financial Corp.          10-K       12/31/22  152:35M
 2/25/22  Wintrust Financial Corp.          10-K       12/31/21  152:35M
 2/26/21  Wintrust Financial Corp.          10-K       12/31/20  157:36M

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Filing Submission 0001015328-17-000230 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)