EXHIBIT 10.1 ASSET PURCHASE AGREEMENTLease Agreement • July 14th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • Florida
EXHIBIT 10.94 STOCK PURCHASE AGREEMENT BY AND BETWEENStock Purchase Agreement • December 8th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Texas
WITNESSETH:Stock Option Agreement • August 21st, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
SECURITIES PURCHASE AGREEMENT SECURITIES PURCHASE AGREEMENT (the "Agreement"), dated as of September 30, 1997, by and among Smart Choice Automotive Group, Inc., a Florida corporation, with headquarters located at 5200 S. Washington Avenue, Titusville,...Securities Purchase Agreement • October 9th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • New York
WARRANT AGREEMENT This Warrant Agreement (the "Agreement") dated this _____ day of April, 1999, by and between Smart Choice Automotive Group, Inc., a Florida corporation (the "Company"), and Stephens Inc., an Arkansas corporation ("Stephens")...Warrant Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 12th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Florida
LEASELease • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
Exhibit 10.14 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT (the "Agreement") is made and entered into as of and effective the 12th day of February, 1997, by and between ECKLER INDUSTRIES, INC., whose mailing address is 5200 S. Washington...Indemnification Agreement • February 26th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Florida
RECITALS:Settlement Agreement • November 23rd, 2001 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
WARRANT AGREEMENT WARRANT AGREEMENT dated as of December 24, 1997, between Smart Choice Automotive Group, Inc., a Florida corporation (the "Company"), and Sands Brothers & Co., Ltd., a Delaware corporation ("Sands Brothers"). W I T N E S S E T H...Warrant Agreement • November 16th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
EXHIBIT 10.3 ASSET PURCHASE AGREEMENT ASSET PURCHASE AGREEMENT (this "Agreement"), entered into this _______ day of November, 1996, by and among FIRST CHOICE AUTO FINANCE, INC., a Florida corporation (the "Buyer"), SUNCOAST AUTO AND BROKERS, INC., a...Asset Purchase Agreement • May 20th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • Florida
EXHIBIT 10.39 THE OPTION AND COMMON STOCK REFERRED TO HEREIN HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, THE FLORIDA SECURITIES ACT, AS AMENDED, OR THE LAWS OF ANY OTHER STATE, AND ARE BEING GRANTED PURSUANT TO EXEMPTIONS FROM...Non-Qualified Stock Option Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
LOAN AGREEMENTLoan Agreement • November 14th, 1996 • Eckler Industries Inc • Retail-catalog & mail-order houses
REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of September 30, 1997, by and among Smart Choice Automotive Group, Inc., a Florida corporation, with headquarters located at 5200 S. Washington Avenue,...Registration Rights Agreement • October 9th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • New York
EXHIBIT 10.92 LEASE AGREEMENT SMART CHOICE AUTOMOTIVE GROUP, INC.,Lease Agreement • September 9th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
ARTICLE I THE LOANLoan Agreement • August 28th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • Tennessee
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT") OR ANY APPLICABLE STATE SECURITIES LAW AND MAY NOT BE TRANSFERRED UNLESS (1)...Smart Choice Automotive Group Inc • October 9th, 1997 • Retail-catalog & mail-order houses • Florida
PROMISSORY NOTE $ 3,750,000 City, State: TITUSVILLE, FL 32780 Date: Month FEBRUARY 24, 1998 FOR VALUE RECEIVED, the undersigned FIRST CHOICE AUTO FINANCE, INC., a FLORIDA corporation ("Borrower"), promises to pay to Manheim Automotive Financial...Smart Choice Automotive Group Inc • March 6th, 1998 • Retail-catalog & mail-order houses
1. DEFINITIONS 5 1.1. ACCOUNT DEBTOR 5 1.2. AGREEMENT 6 1.3. BUSINESS DAY 6 1.4. CHARGE OFFS 6 1.5. CODE 6 1.6. COLLATERAL 6 1.7. COLLATERAL PERFORMANCE PERCENTAGE 6 1.8. COLLATERAL RECOVERY RATE 6 1.9. COMMONLY CONTROLLED ENTITY 6 1.10. COST OF GOODS...Loan and Security Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
EXHIBIT 10.1 STOCK PURCHASE AGREEMENT STOCK PURCHASE AGREEMENT (this "Agreement"), entered into this _______ day of November, 1996, by and among SMART CHOICE HOLDINGS, INC., a Delaware corporation (the "Buyer") and GARY SMITH, an individual (the...Stock Purchase Agreement • May 20th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • Florida
Exhibit 10.1 - Merger Agreement dated December 30, 1996. AGREEMENT AND PLAN OF MERGER BY AND AMONG ECKLER INDUSTRIES, INC., ECKLER ACQUISITION CORPORATION, RALPH ECKLER AND SMART CHOICE HOLDINGS, INC., THOMAS E. CONLAN, GERALD C. PARKER- Merger Agreement • February 12th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Delaware
Exhibit 10.9 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (this "Agreement"), entered into as of this 13th day of February, 1997, by and between LIBERTY FINANCE CO., a Florida corporation (the "Company"), and C. LAWRENCE SCHULER, individual (the...Employment Agreement • February 26th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Florida
SCHEDULE TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
AMENDMENT TO PLEDGE AND SECURITY AGREEMENT THIS AMENDMENT TO PLEDGE AND SECURITY AGREEMENT, made and entered into this 23rd day of January, 1998, by and between Smart Choice Automotive Group, Inc., a Florida corporation ("Pledgor"), and Stephens Inc.,...Pledge and Security Agreement • March 6th, 1998 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses
GUARANTY AGREEMENT 1. DATE AND PARTIES. This Guaranty Agreement ("Agreement") is dated as of January 31, 1999, and the parties and their mailing addresses and Borrower's and Guarantor's tax identification numbers are as follows: Borrower: Smart Choice...Guaranty Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Georgia
TWENTY FOURTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • September 9th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
RECITALS:Forbearance Agreement • November 26th, 2001 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
LEASELease • February 26th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Florida
Exhibit 10.15 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT (this "Agreement"), entered into as of this 12th day of February, 1997, by and between FIRST CHOICE AUTO FINANCE, INC., a Florida corporation (the "Company"), and R.C. HILL, II, an individual...Employment Agreement • February 26th, 1997 • Eckler Industries Inc • Retail-catalog & mail-order houses • Florida
EXHIBIT 10.64 NISSAN MOTOR ACCEPTANCE CORPORATION DEALER CAPITAL LOAN AND SECURITY AGREEMENT Nissan Motor Acceptance Corporation ("NMAC") and B & B Florida Enterprises, Inc., a Florida corporation, dba Stuart Nissan ("Dealer"), for good and valuable...Smart Choice Automotive Group Inc • April 14th, 1998 • Retail-auto dealers & gasoline stations
EXHIBIT 10.72 EXHIBIT "B" REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (the "Agreement") dated this 3rd day of November, 1997, by and among SMART CHOICE AUTOMOTIVE GROUP, INC., a Florida corporation (the "Company"), BANKERS LIFE...Registration Rights Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.23 SECURITY AGREEMENT ECKLER INDUSTRIES, INC., a Florida corporation (the "Borrower"), of 5200 South Washington Avenue, Titusville, Florida 32780, for value received, hereby grants to BARNETT BANK, N.A., with an office at 707 Mendham...Security Agreement • November 14th, 1996 • Eckler Industries Inc • Retail-catalog & mail-order houses
RECITALS:Sale and Purchase Agreement • March 18th, 2002 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
BETWEENAsset Purchase Agreement • July 15th, 1997 • Smart Choice Automotive Group Inc • Retail-catalog & mail-order houses • Florida
