AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENT AND MODIFICATION TO LOAN DOCUMENTSCredit Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations • North Carolina
This AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENT AND MODIFICATION TO LOAN DOCUMENTS (this “Agreement”), dated as of May 20, 2020 (the “Effective Date”), is made by and among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company signatory hereto, as Used Vehicle Borrowers and/or New Vehicle Borrowers, the Lenders signatory thereto, which constitute all of the Lenders, BANK OF AMERICA, N.A. (“Bank of America”), in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), Bank of America, as Revolving Administrative Agent (in the capacity of collateral agent for the Secured Parties) and each of the other Loan Parties signatory hereto.
AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENTCredit Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
This AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED SYNDICATED NEW AND USED VEHICLE FLOORPLAN CREDIT AGREEMENT (this “Agreement”) dated as of April 2, 2020 and effective as of March 31, 2020 (the “Effective Date”) is made by and among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company (together with the Company, and collectively with any other Person that becomes a Borrower from time to time, the “Borrowers” and each individually a “Borrower”), the Lenders from time to time party thereto, BANK OF AMERICA, N.A., as Administrative Agent, in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) signatory hereto.
REVOLVING JOINDER AGREEMENTRevolving Joinder Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
THIS REVOLVING JOINDER AGREEMENT (this “Revolving Joinder Agreement”), dated as of May 20, 2020, is made by EchoPark AZ, LLC, an Arizona limited liability company (“EchoPark AZ”), EchoPark CA, LLC, a California limited liability company (“EchoPark CA”), EchoPark Realty CA, LLC, a California limited liability company (“EP Realty CA”), and EchoPark FL, LLC, a Florida limited liability company (“EchoPark FL”, and together with EchoPark AZ, EchoPark CA, and EP Realty CA, the “Joining Subsidiaries”), and delivered to BANK OF AMERICA, N.A., in its capacity as Administrative Agent (the “Administrative Agent”) under that certain Fourth Amended and Restated Credit Agreement (as amended, revised, modified, supplemented or amended and restated from time to time, the “Revolving Credit Agreement”), dated as of November 30, 2016, by and among Sonic Automotive, Inc., a Delaware corporation (the “Company”), the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, Sw
PLEDGE AGREEMENT SUPPLEMENTPledge Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
THIS PLEDGE AGREEMENT SUPPLEMENT (as from time to time amended, revised, modified, supplemented or amended and restated, this “Supplement”), dated as of May 20, 2020, is made by ECHOPARK AUTOMOTIVE, INC., a Delaware corporation (“Pledgor”), in favor of BANK OF AMERICA, N.A., in its capacity as Administrative Agent (the “Administrative Agent”) for the Revolving Secured Parties (as defined in the Pledge Agreement referenced below) now or hereafter party to the Revolving Credit Agreement (as defined in the Pledge Agreement referred to below). All capitalized terms used but not defined herein shall have the meanings given to such terms in such Pledge Agreement.
AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
This AMENDMENT NO. 1 TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of May 20, 2020 is made by and among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), each Lender party hereto, BANK OF AMERICA, N.A. (“Bank of America”), in its capacity as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and as Swing Line Lender and L/C Issuer and each of the Loan Parties (as defined in the Credit Agreement) signatory hereto.
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
This FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED SECURITY AGREEMENT (this “Amendment”) is dated as of May 20, 2020 (the “First Amendment Effective Date”), and entered into by and among SONIC AUTOMOTIVE, INC., a Delaware corporation (the “Company”), EACH OF THE UNDERSIGNED GRANTORS, BANK OF AMERICA, N.A., as Revolving Administrative Agent, EACH OF THE UNDERSIGNED LENDERS UNDER THE REVOLVING CREDIT AGREEMENT, which collectively constitute the “Required Lenders” under the Revolving Credit Agreement, BANK OF AMERICA, N.A., as Floorplan Administrative Agent, and EACH OF THE UNDERSIGNED LENDERS UNDER THE FLOORPLAN CREDIT AGREEMENT, which collectively constitute the “Required Lenders” under the Floorplan Credit Agreement.
CROSS COLLATERAL, CROSS DEFAULT, AND GUARANTY AGREEMENTDefault, and Guaranty Agreement • July 31st, 2020 • Sonic Automotive Inc • Retail-auto dealers & gasoline stations
THIS AGREEMENT is effective this 23rd day of June, 2020, and is entered into by and among Ally Financial Inc., a Delaware corporation and Ally Bank (Ally Capital in Hawaii, Mississippi, Montana and New Jersey), a Utah chartered state bank, each with a local business address at Ally Bank, SE Business Center, 3885 Crestwood Parkway Suite 400, Duluth Georgia 30096, (together with Ally Financial Inc., the “Ally Parties”), and the entities and individuals listed below (collectively the “Dealership Parties”):
GUARANTY Dated as of June 23, 2020Sonic Automotive Inc • July 31st, 2020 • Retail-auto dealers & gasoline stations • New York
To induce Ally Bank (Ally Capital in Hawaii, Mississippi, Montana and New Jersey), a Utah state-chartered bank (“Bank”) to make a revolving loan (the “Loan”) to Sonic Automotive, Inc., a Delaware corporation (“Borrower”) pursuant to the Credit Agreement (“Credit Agreement”) between Borrower and Bank and other related agreements dated as of the date hereof, Sonic Development, LLC, a North Carolina limited liability company, AM Realty GA, LLC, a Georgia limited liability company, AM GA, LLC, a Georgia limited liability company, EchoPark Automotive, Inc., a Delaware corporation, SRE Texas - 6, L.P., a Texas limited partnership, Sonic Automotive - 4701 I-10 East, TX, L.P., a Texas limited partnership, Sonic of Texas, Inc., a Texas corporation, Sonic Automotive of Nevada, Inc., a Nevada corporation, SRE Texas 11, LLC, a Texas limited liability company, SAI Philpott T, LLC, a Texas limited liability company, SRE Holding, LLC, a North Carolina limited liability company, EchoPark Realty TX, LL
