AFC LETTERHEADKAR Auction Services, Inc. • February 22nd, 2013 • Retail-auto dealers & gasoline stations
This letter is intended to confirm that, notwithstanding any provisions to the contrary contained in any employment, severance, change in control, or consulting agreement or other agreement or arrangement (collectively, the “Agreements”) between you and KAR Auction Services, Inc. or any of its affiliates or subsidiaries (collectively and individually, the “Company”), it is the intention of the parties that, to the extent payment of any severance amount or benefit under the Agreements is conditioned upon your execution of a general release of claims against the Company (a “Release”), the following terms and conditions shall apply:
ContractTenth Supplemental Indenture • February 22nd, 2013 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • New York
TENTH SUPPLEMENTAL INDENTURE, dated as of July 10, 2012 (this “Supplemental Indenture”), among CarBuyCo, LLC, a North Carolina limited liability company (the “Subsidiary Guarantor”), KAR Auction Services, Inc. (formerly known as KAR Holdings, Inc.), a Delaware corporation (the “Company,” which term includes its successors and assigns), each other then existing Guarantor under the Indenture referred to below (the “Existing Guarantors” and, together with the Subsidiary Guarantor, the “Guarantors”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”) under the Indenture referred to below.
ContractSupplemental Indenture • February 22nd, 2013 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • New York
NINTH SUPPLEMENTAL INDENTURE, dated as of January 31, 2012 (this “Supplemental Indenture”), among AuctionTrac, LLC, an Indiana limited liability company, Recovery Database Network, Inc., a Delaware corporation, OPENLANE, Inc., a Delaware corporation, CarsArrive Network, Inc., a Georgia corporation (together, the “Subsidiary Guarantors”), KAR Auction Services, Inc. (formerly known as KAR Holdings, Inc.), a Delaware corporation (the “Company,” which term includes its successors and assigns), each other then existing Guarantor under the Indenture referred to below (the “Existing Guarantors” and, together with the Subsidiary Guarantors, the “Guarantors”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”) under the Indenture referred to below.
