Item 1.01 Entry into a Material Definitive Agreement. OnAugust 5, 2021 , certain subsidiaries ofEvoqua Water Technologies Corp. (the "Company") entered into (i) the Third Amendment to the Receivables Financing Agreement (the "RFA Amendment"), amongEvoqua Finance LLC ("Evoqua Finance"), a special purpose entity and an indirect wholly-owned subsidiary of the Company, as borrower,Evoqua Water Technologies LLC ("EWT LLC "), an indirect wholly-owned subsidiary of the Company, as initial servicer, andPNC Bank, National Association , as lender and administrative agent (the "Administrative Agent"), and (ii) the First Amendment to the Sale and Contribution Agreement (the "SCA Amendment"), among Evoqua Finance, as buyer,EWT LLC , as initial servicer and an originator, andNeptune Benson, Inc. ("Neptune"), an indirect wholly-owned subsidiary of the Company, as an originator (together withEWT LLC , the "Originators"). The RFA Amendment modified the terms of that certain Receivables Financing Agreement (as amended by the First Amendment to the Receivables Financing Agreement, dated as ofApril 15, 2021 , and the Second Amendment to the Receivables Financing Agreement, dated as ofJuly 30, 2021 , and as further amended, restated, supplemented or otherwise modified through the date hereof, the "Receivables Financing Agreement"), dated as ofApril 1, 2021 , among Evoqua Finance, as borrower, the lenders from time to time party thereto (the "Lenders"), the Administrative Agent,EWT LLC , as initial servicer, and PNC Capital Markets LLC, as structuring agent, pursuant to which the Lenders have made available to Evoqua Finance a receivables finance facility (the "Securitization Facility") in an amount up to$150 million . Under the Securitization Facility, the Originators are required to sell substantially all of their trade receivables and certain related rights to payment and obligations of the Originators with respect to such receivables (the "Receivables") to Evoqua Finance, which, in turn, obtains loans secured by the Receivables from the Lenders pursuant to the Receivables Financing Agreement. The RFA Amendment replaced the flat 25% reserve against the Receivables eligible for financing included in the Receivables Financing Agreement with a set of dynamic reserves based on the historical quality of the Receivables. The new dynamic reserves include amounts related to the credit quality of the related obligors and historical dilution, delinquency and loss ratios. The RFA Amendment also made certain changes to the provisions for the transition to a new interest rate benchmark when LIBOR ceases to be available, updated certain provisions with respect to erroneous payments, revised provisions related to anti-terrorism and anti-money laundering laws, and made certain other technical amendments. The SCA Amendment modified the terms of that certain Sale and Contribution Agreement (the "Sale Agreement"), dated as ofApril 1, 2021 , among Evoqua Finance, as buyer,EWT LLC , as initial servicer and an originator, and Neptune as an originator. The SCA Amendment made certain technical changes to the Sale Agreement to permit collections of Receivables sold by Neptune to be deposited into a separate deposit account prior to an event of default. The foregoing descriptions of the RFA Amendment and the SCA Amendment do not purport to be complete and are qualified in their entirety by reference to the full text of the RFA Amendment and the SCA Amendment, copies of which are attached hereto as Exhibit 10.1 and Exhibit 10.2, respectively, and the terms of which are incorporated herein by reference. Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant. The information set forth in Item 1.01 above is incorporated by reference into this Item 2.03. Item 9.01 Financial Statements and Exhibits. (d) Exhibits. Exhibit No. Description 10.1 Third Amendment to the Receivables Financing Agreement among Evoqua Finance LLC, as borrower,Evoqua Water Technologies LLC , as initial servicer, andPNC Bank, National Association , as lender and administrative agent 10.2 First Amendment to the Sale and Contribution Agreement among Evoqua Finance LLC, as buyer,Evoqua Water Technologies LLC , as initial servicer and an originator, andNeptune Benson, Inc. , as an originator 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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