ex17e-synovusninthamendm






Exhibit 10.17(e) CERTAIN INFORMATION, IDENTIFIED BY [*****], HAS BEEN EXCLUDED FROM THE  EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE THAT THE  REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. NINTH AMENDMENT TO LOAN ORIGINATION AGREEMENT THIS NINTH AMENDMENT TO FACILITY LOAN ORIGINATION AGREEMENT (this  “Amendment”) is made as of November 8, 2021 (the “Amendment Effective Date”) by and between  GreenSky, LLC (fka Greensky Trade Credit, LLC), a Georgia limited liability company (“Servicer”), and  Synovus Bank, a Georgia state-chartered bank (“Lender”).  Capitalized terms used herein and not  otherwise defined herein shall have the meanings ascribed to such terms in the Origination Agreement (as  defined herein).  WITNESSETH: WHEREAS, Lender and Servicer have previously entered into that certain Loan Origination  Agreement dated as of August 4, 2015, as amended and modified (the “Origination Agreement”); WHEREAS, Lender and Servicer desire to amend the 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. In the event that Lender or Servicer terminates the Origination Agreement pursuant to  and in accordance with the terms of the Origination Agreement as amended herein, the terms of Section  [*****] of the Origination Agreement [*****] shall be terminated, revoked and no longer of any force  and effect upon the effective date of such termination; provided, however, at no time shall Lender or any  of its Affiliates use the identities of Program Merchants or Sponsors, any Program Merchant or Sponsor  lists or the origination volume or other loan performance data related to Program Merchants or Sponsors  (collectively, “Merchant/Sponsor Information) for the purposes of Lender’s or its Affiliates’  development, launch, management or operation of a point-of-sale consumer finance program, and at no  time shall Lender or its Affiliates share any Merchant/Sponsor Information with any third party that is  conducting a point-of-sale consumer finance program (or any Affiliate, employee, contractor, agent or  other representative of any such third party). 2. The Parties agree that to the extent Lender elects to exercise its rights to terminate the  Facility Loan Origination Agreement dated May 27, 2020, as amended by the First Amendment to the  Facility Loan Origination Agreement executed contemporaneously herewith, that Lender shall be entitled  to terminate this Origination Agreement as well. 3. Except as expressly amended hereby, the Origination Agreement shall remain in full  force and effect. 4. 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. 





 






IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above  written. SERVICER: GREENSKY, LLC By: /s/ Timothy D. Kaliban (Signature) Name: Timothy D. Kaliban (Print Name) Title: President LENDER: SYNOVUS BANK By: /s/ Allan E. Kamensky (Signature) Name: Allan E. Kamensky (Print Name) Title: General Counsel