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...Stock Option Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.21 FOURTH AMENDED AND RESTATED SCHEDULE TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Borrower: FLORIDA FINANCE GROUP INC. LIBERTY FINANCE COMPANY Address: 5200 S. WASHINGTON TITUSVILLE, FLORIDA 32780-7316 Borrower: SMART CHOICE...Loan and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.38Stock Option Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.40 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...Stock Option Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
ARTICLE 1 DEMISED PREMISES, TERM AND USE A. Landlord, for and in consideration of the covenants hereinafter contained and made on the part of the Tenant, does hereby demise and lease unto the Tenant, and Tenant does hereby lease from Landlord, the...Lease Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.36 EXECUTIVE EMPLOYMENT AGREEMENT THIS EXECUTIVE EMPLOYMENT AGREEMENT (the "Employment Agreement") is effective as of April 24, 1997, by and between SMART CHOICE AUTOMOTIVE GROUP, INC., a Florida corporation ("Company"), and RONALD...Executive Employment Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.35 EXECUTIVE EMPLOYMENT AGREEMENT THIS EXECUTIVE EMPLOYMENT AGREEMENT (the "Employment Agreement") is effective as of April 11, 1997, by and between SMART CHOICE AUTOMOTIVE GROUP, INC., a Florida corporation ("Company"), and JOSEPH ALVAREZ,...Executive Employment Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
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
TWENTY FOURTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.82 MANHEIM AUTOMOTIVE FINANCIAL SERVICES, INC. SECURITY AGREEMENT (INVENTORY FINANCE AND BRIDGE LINE OF CREDIT) This Agreement is dated and entered into as of the date listed below between Manheim Automotive Financial Services, Inc....Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
LEASELease Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
RECITALSSettlement Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.74 STOCK PURCHASE AGREEMENT STOCK PURCHASE AGREEMENT (this "Agreement"), entered into this 6th day of May, 1997, by and among FIRST CHOICE STUART I, INC., a Florida corporation (the "Buyer" or "First Choice") and THOMAS DERITA, JR., an...Stock Purchase Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.77 RACC SECURITY AGREEMENT ------------------------------------------------------------------------------- RAYTHEON AIRCRAFT CREDIT CORPORATION 1. GRANT OF SECURITY INTEREST. To secure the payment of the indebtedness due Raytheon Aircraft...Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
TWENTY SIXTH AMENDMENT TO LICENSE AGREEMENTLicense Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.10 THIS INSTRUMENT PREPARED BY AND TO BE RETURNED TO: Joel E. Boyd, Esquire Dean, Mead, Spielvogel, Goldman & Boyd 7380 Murrell Road, Suite 100 Melbourne, Florida 32940 (407) 259-8900 ASSIGNMENT OF LOAN DOCUMENTS This Assignment of Loan...Assignment of Loan Documents • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
GUARANTYGuaranty • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
FOR VALUE RECEIVED, the undersigned, whether one or more, as primary obligor, hereby unconditionally guarantees prompt payment and performance of all obligations of Debtor under the terms of this Promissory Note and the Security Agreement and hereby waives diligence, presentment, demand, protest, notice of acceptance, or notice of any kind whatsoever, as well as impairment of collateral and any requirement that RACC or any assignee exercise or exhaust any right to take any action against Debtor or any other person or any collateral hereunder and hereby consents to any extension of time, renewal or any other modification thereof. The undersigned confirms and acknowledges to RACC that this guaranty is given as an inducement to the extension of credit by RACC to Debtor and that the undersigned will derive benefit from such extension of credit. The undersigned further confirms and acknowledges reading and fully understanding all of the terms and conditions of this Promissory Note and the S
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...Dealer Capital Loan and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
NISSAN DEALER TERM SALES AND SERVICE AGREEMENTDealer Term Sales and Service Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.13 This instrument prepared by: Joel E. Boyd, Esq. DEAN, MEAD, SPIELVOGEL, GOLDMAN & BOYD 7380 Murrell Road, Suite 100 Melbourne, Florida 32940 THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OF THE BALANCE DUE UPON MATURITY IS...Modification of Mortgage and Mortgage Note and Extension Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.63 SECOND ADDENDUM TO AUTOMOTIVE WHOLESALE FINANCING AND SECURITY AGREEMENT This Second Addendum to Automotive Wholesale Financing and Security Agreement ("Second Addendum") is made between NISSAN MOTOR ACCEPTANCE CORPORATION ("NMAC") and...Automotive Wholesale Financing and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
AMENDMENT TO DEALER EQUIPMENT LOAN AND SECURITY AGREEMENT This Amendment to Dealer Equipment Loan and Security Agreement ("Amendment"), effective as of the 1st day of September, 1997 (the "Effective Date"), by and between NISSAN MOTOR ACCEPTANCE...Dealer Equipment Loan and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.84 REAL ESTATE MORTGAGE This mortgage made this 17th day of June A.D. 1997, between FIRST CHOICE AUTO FINANCE, INC., a corporation existing under the laws of the state of FLORIDA herein called Mortgagor, in consideration of the sum named in...Real Estate Mortgage • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
WITNESSETHPromissory Note Modification Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.66 DEALER EQUIPMENT LOAN AND SECURITY AGREEMENT THIS EQUIPMENT LOAN AND SECURITY AGREEMENT ("AGREEMENT") IS EXECUTED BY AND BETWEEN B & B FLORIDA ENTERPRISES, INC., A FLORIDA CORPORATION, DBA STUART NISSAN ("BORROWER"), AND NISSAN MOTOR...Equipment Loan and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.11 This instrument prepared by: Joel E. Boyd, Esq., of Name: Dean, Mead, Spielvogel, Goldman & Boyd Address: Attorneys-at-Law 7380 Murrell Road, Suite 100 Melbourne, FL 32940 XXX THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR...Modification of Mortgage Deed and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
EXHIBIT 10.89 THIRTY FOURTH AMENDMENT TO GENERAL MOTORS SERVICE PARTS OPERATIONS LICENSE AGREEMENT This THIRTY FOURTH AMENDMENT, effective as of the later date of the signatures below, is to that certain Reproduction and Service Part Tooling License...Reproduction and Service Part Tooling License Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
EXHIBIT 10.69 WHOLESALE FINANCING AND SECURITY AGREEMENT WHOLESALE FINANCING AND SECURITY AGREEMENT ("Agreement") dated as of the 11th day of August, 1997 between VOLVO FINANCE NORTH AMERICA, INC., a Delaware corporation located at 25 Philips Parkway,...Wholesale Financing and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • New Jersey
PREAMBLE A. MISSIONAuthorized Retailer Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • New Jersey
EXHIBIT 10.61 NISSAN MOTOR ACCEPTANCE CORPORATION AUTOMOTIVE WHOLESALE FINANCING AND SECURITY AGREEMENT This Agreement between NISSAN MOTOR ACCEPTANCE CORPORATION, 990 W. 190th Street, Torrance, California 90502 ("NMAC"), and FIRST CHOICE STUART 1,...Automotive Wholesale Financing and Security Agreement • April 14th, 1998 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
