Credit Agreement

Credit and Background Check Authorization

You understand and agree that Smart Equity Funding and our agents and assignees are authorized to contact third parties to conduct background checks and other investigative reports, or obtain any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, including but not limited to your business credit card sales data as described below, and make credit report inquiries (including requesting personal credit bureau reports about you and any other owner(s) of the business who will be providing a personal guarantee, and business credit bureaus about your company, in either case, from credit reporting agencies and other sources) or for any other lawful purpose. Smart Equity Funding has such authority for the foregoing in connection with any extension of credit to the company on whose behalf you are applying, conducting loan file updates, ongoing loan reviews, renewal of financing, or referral of your business to third party lenders. Further, Franco Capital Group, LLC affiliates may also contact third parties for the purpose of obtaining background checks, other investigative reports, or any other document or data that we reasonably believe may be necessary to determine your eligibility for an extension of credit, and may further make credit report inquiries as described in this paragraph to determine whether you qualify for an extension of credit, or for any other lawful purpose. Upon your written request, we will advise you if we obtained a credit report. You understand and agree that Smart Equity Funding is making no commitment or guarantee that any product, evaluation, or guidance provided by Smart Equity Funding will result in an approval of credit from Smart Equity Funding or any Smart Equity Funding Banking Partner.

Credit Card Data Collection

You understand and agree that We and Our agents and assignees are authorized to contact third party credit card processors and networks used by your company in order to obtain historical and ongoing information/metrics related to:

1. Your company, including, but not limited to, company name, address, phone number, and industry; and
2. Your company’s credit card sales, including, but not limited to, transaction spend, number of transactions, and repeat customers.

Such information and metrics will be used by Smart Equity Funding and/or Banking Parnters for purposes of providing the Smart Equity Funding Service, including, but are not limited to, sales agent call routing, underwriting, customer management, and enhancement of Smart Equity Funding's credit model.