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
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
MANHEIM AUTOMOTIVE FINANCIAL SERVICES, INC. 1400 LAKE HEARN DRIVE ATLANTA, GEORGIA 30319 NOVEMBER 5, 1998Subordination Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
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
AIRCRAFT LEASE AGREEMENT dated as of ___________________ ("Agreement") This Agreement (together with all supplements, annexes. exhibits and schedules hereto hereinafter referred to as the "Lease") is between General Electric Capital Corporation, with...Aircraft Lease Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
TRANSFERABILITY: The Notes shall be freely transferable by Purchaser(s) or any subsequent holder(s) ("Holders") provided such transfer is in compliance with applicable United States and state securities laws, and further provided that the...Subordinated Loan Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Georgia
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
GUARANTY (CONTINUING/UNLIMITED)Guaranty • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
GUARANTY (CONTINUING/UNLIMITED) TO: FINOVA CAPITAL CORPORATION Ladies/Gentlemen: 1. THE GUARANTEED DEBT. In consideration of any and all loans, advances, acceptances and extensions of credit made by FINOVA CAPITAL CORPORATION, a Delaware corporation,...Guaranty • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
SECOND AMENDMENT TO DEALER CAPITAL LOAN AND SECURITY AGREEMENT This Second Amendment to Dealer Capital Loan and Security Agreement ("Amendment"), effective as of the day of July, 1998 (the "Effective Date"), by and between NISSAN MOTOR ACCEPTANCE...Dealer Capital Loan and Security Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations • Florida
HOLDER: COMPANY: STEPHENS HOLDING COMPANY SMART CHOICE AUTOMOTIVE GROUP, INC. BY: ________________________ BY: ___________________________ NAME: ________________________ NAME: ___________________________ TITLE: ________________________ TITLE:...Modification Agreement • April 15th, 1999 • Smart Choice Automotive Group Inc • Retail-auto dealers & gasoline stations
This Modification Agreement (the "Agreement") is made and entered into as of the ___ day of April, 1999 by and among Stephens Holding Company ("Holder"), Stephens Inc. ("Stephens"), Eckler Industries, Inc. ("Maker") and Smart Choice Automotive Group, Inc. (the "Company"). This Agreement relates to (i) that certain promissory note dated as of October 3, 1997 from Eckler Industries, Inc. to the order of Stephens in the face principal amount of $1,500,000 ("Note 1"), which has subsequently been assigned to Holder; (ii) that certain promissory note dated as of January 23, 1998 from Eckler Industries, Inc. to the order of Stephens in the face principal amount of $3,000,000 ("Note 2"), which has subsequently been assigned to Holder; (iii) that certain promissory note dated as of May 11, 1998 from Eckler Industries, Inc. to the order of Stephens in the face principal amount of $4,000,000 ("Note 3"), which has subsequently been assigned to Holder (Note 1, Note 2 and Note 3 are herein collectiv
