Agreement Among Initial Purchasers. The execution of this Agreement on behalf of all parties hereto will constitute the acceptance by each Initial Purchaser of the International Capital Market Association Standard Form Agreement Among Managers Version 1 (“AAM”). The Initial Purchasers further agree that references in the AAM to the “Lead Manager”, the “Joint Bookrunners” and the “
Agreement Among Initial Purchasers. Any action by the Initial Purchasers hereunder may be taken by Jefferies on behalf of the Initial Purchasers, and any such action taken by Jefferies shall be binding upon each of the Initial Purchasers.
Agreement Among Initial Purchasers. The execution of this Agreement by or on behalf of the Initial Purchasers will constitute the acceptance by each Initial Purchaser of the International Capital Market Association Standard Form Agreement Among Managers Version 1, with the amendments set out in the New Yok Law Schedule for Non-Equity Related Issues governed by New York Law ("AAM"). The Initial Purchasers further agree that references in the AAM to the "Lead Manager", the "Joint Bookrunners" and the "Managers" shall mean The Hongkong and Shanghai Banking Corporation Limited and Xxxxxx Xxxxxxx & Co. International plc respectively, references in the AAM and this Agreement to the "Settlement Lead Manager" shall mean The Hongkong and Shanghai Banking Corporation Limited and references in the AAM to the "Stabilisation Coordinator" shall mean any of the Initial Purchasers appointed and acting in such capacity. The Initial Purchasers agree as between themselves to amend the AAM as follows:
(a) in Clause 3, the term “Lead Manager” shall be deemed to refer to the Settlement Lead Manager;
(b) the following sentence shall be deemed to be added to the end of Clause 3(2): Clause 6A: “In addition, any profits incurred by the Settlement Lead Manager as a result of any action taken pursuant to this Clause shall be shared among the non-defaulting Managers (including the Settlement Lead Manager) in proportion to their Commitments or on such other basis as the Settlement Lead Manager considers, in its absolute discretion, to be fair.”;
(c) the following clause shall be deemed to be inserted into the AAM as a new
Agreement Among Initial Purchasers. Any action by the Initial Purchasers hereunder may be taken by Xxxxxxxxx & Company, Inc. on behalf of the Initial Purchasers, and any such action taken by Xxxxxxxxx & Company, Inc. shall be binding upon each of the Initial Purchasers.
Agreement Among Initial Purchasers. The execution of this Agreement by each Initial Purchaser constitutes the acceptance of each Initial Purchaser of the ICMA Agreement Among Managers Version 1/New York Law Schedule, subject to any amendment notified to the Initial Purchasers in writing at any time prior to the execution of this Agreement. As applicable to the Initial Purchasers, Clause 3 of the ICMA Agreement Among Managers Version 1/New York Schedule shall be deemed to be deleted in its entirety and replaced with Section 9 of this Agreement.
Agreement Among Initial Purchasers. Each of the Initial Purchasers agrees, by execution of this Agreement, that the Master Agreement Among Underwriters, dated as of June 1994, with Banc of America Securities LLC shall be applicable to the relationship among such Initial Purchasers in connection with this Agreement.
Agreement Among Initial Purchasers. Each of the Initial ---------------------------------- Purchasers listed on Schedule I hereto agrees, by execution of this Agreement, that the IPMA Agreement Among Managers Version I (New York Law Version) (the "IPMA Agreement") shall be applicable to the relationship among such Initial Purchasers in connection with this Agreement and, except as expressly specified in this Agreement, the IPMA Recommendations shall not apply. In the event that the terms of the IPMA Agreement are inconsistent with the terms of this Agreement, the provisions of this Agreement shall apply. Xxxxxxxxx, Xxxxxx & Xxxxxxxx International and Xxxxxx Xxxxxxx & Co. International Limited are, together, the "Lead Manager" for purposes of the IPMA Agreement; provided, however, that for the purposes of Section 5 (Stabilisation) of the IPMA Agreement, Xxxxxx Xxxxxxx & Co. International Limited is the "Lead Manager." Each of the Initial Purchasers listed on Schedule II hereto agrees, by execution of this Agreement, that the Master Agreement Among Underwriters, dated March 1, 1993, with Xxxxxxxxx, Xxxxxx & Xxxxxxxx Securities Corporation shall be applicable to the relationship among such Initial Purchasers in connection with this Agreement.
Agreement Among Initial Purchasers. Any action by the Initial Purchasers hereunder may be taken by RBC on behalf of the Initial Purchasers, and any such action taken by RBC shall be binding upon each of the Initial Purchasers. [Signatures begin on the following page] Please confirm that the foregoing correctly sets forth the agreement among the Company, the Guarantors and the Initial Purchasers. Very truly yours, By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: General Counsel and Secretary By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Secretary By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Secretary By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Secretary Accepted and Agreed to: RBC Capital Markets, LLC Deutsche Bank AG, Singapore Branch UBS Securities LLC By: RBC CAPITAL MARKETS, LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Managing Director, Head of US Leveraged Finance For itself and the other Initial Purchasers named in Schedule I to the foregoing Agreement RBC Capital Markets, LLC $ 162,500,000 Deutsche Bank AG, Singapore Branch $ 81,250,000 UBS Securities LLC $ 81,250,000 Total $ 325,000,000
Agreement Among Initial Purchasers. Any action by the Initial Purchasers hereunder may be taken by the Representative on behalf of the Initial Purchasers, and any such action taken by the Representative shall be binding upon each of the Initial Purchasers. Please confirm that the foregoing correctly sets forth the agreement between the Issuers, the Guarantors and the Initial Purchasers. Very truly yours, TMX Finance LLC By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Manager TitleMax Finance Corporation By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer TitleMax Funding, Inc. TitleMax of Georgia, Inc. TitleMax of Tennessee, Inc. TitleMax of South Carolina, Inc. TitleMax of Alabama, Inc. TitleMax of Missouri, Inc. TitleMax of Illinois, Inc. TitleMax of Virginia, Inc. TitleMax of Mississippi, Inc. TitleMax of Texas, Inc. TitleMax of Arizona, Inc. TMX Finance of Florida, Inc. TitleMax of Nevada, Inc. EquityAuto Loan, LLC AutoCash, Inc. By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Chief Executive Officer Accepted and Agreed to: XXXXXXXXX & COMPANY, INC. Acting as Representative of the Initial Purchasers listed on Schedule I hereto By: /s/ L. Xxxxxxx XxXxxxxx Name: L. Xxxxxxx XxXxxxxx Title: Managing Director Xxxxxxxxx & Company, Inc $ 56,261,682 Xxxxxxxx Inc. $ 3,738,318 Total $ 60,000,000 TitleMax Finance Corporation DE TitleMax Financing, Inc. FL TitleMax Funding, Inc. FL TitleMax of Arizona, Inc. DE TitleMax of Alabama, Inc. AL TitleMax of Georgia, Inc. GA TitleMax of Illinois, Inc. DE TitleMax of Mississippi, Inc. DE TitleMax of Missouri, Inc. DE TitleMax of Nevada, Inc. DE TitleMax of South Carolina, Inc. SC TitleMax of Tennessee, Inc. TN TitleMax of Virginia, Inc. DE TitleMax of Texas, Inc. DE TMX Finance of Florida, Inc. DE EquityAuto Loan, LLC GA AutoCash Inc. DE
Agreement Among Initial Purchasers. Each of the Initial Purchasers agrees, by execution of this Agreement, that the Master Agreement Among Underwriters, dated as of June 1994, with Banc of America Securities LLC shall be applicable to the relationship among such Initial Purchasers in connection with this Agreement. If the foregoing is in accordance with your understanding of our agreement, kindly sign and return to the Company the enclosed copies hereof, whereupon this instrument, along with all counterparts hereof, shall become a binding agreement in accordance with its terms. Very truly yours, DURA OPERATING CORP. By: /s/ David R. Bovee ----------------------------------- David R. Bovee Vice Presixxxx, Xxxxx Xxnancial Officer and Assistant Secretary DURA AUTOMOTIVE SYSTEMS, INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee Vice Presixxxx, Xxxxx Xxnancial Officer and Assistant Secretary DURA AUTOMOTIVE SYSTEMS CABLE OPERATIONS, INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxxal Officer and Treasurer UNIVERSAL TOOL & STAMPING COMPANY INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxxal Officer and Treasurer ADWEST ELECTRONICS, INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxxal Officer and Treasurer DURA AUTOMOTIVE SYSTEMS OF INDIANA, INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxxal Officer and Treasurer ATWOOD AUTOMOTIVE INC. By: /x/ Xavid R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxxal Officer and Treasurer MARK I MOLDED PLASTICS OF TENNESSEE, INC. By: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxial Officer and Treasurer ATWOOD MOBILE PRODUCTS, INC. Xx: /s/ David R. Bovee ----------------------------------- David R. Bovee President, Xxxxx Xxxxxxial Officer DURA G.P. By: Dura Operating Corp. Its: General Partner By: /s/ David R. Bovee ----------------------------------- David R. Bovee Vice Presixxxx, Xxxxx Xxnancial Officer and Assistant Secretary The foregoing Purchase Agreement is hereby confirmed and accepted by the Initial Purchasers as of the date first above written. BANC OF AMERICA SECURITIES LLC J.P. MORGAN SECURITIES INC. SALOMON SMITH BARNEY INC. COMERICA SECURITXXX XXX. XXOTIA CAPITAL (USA) XXX. Xx: Banc of America Securities LLC By: /s/ Dan Kelly --...