SUBORDINATION AND INTERCREDITOR AGREEMENTSubordination and Intercreditor Agreement • August 31st, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
This SUBORDINATION AND INTERCREDITOR AGREEMENT (this “Agreement”), dated as of March __, 2007, is among CARBIZ INC., a corporation incorporated under the laws of the province of Ontario, Canada (“Carbiz Parent”), CARBIZ USA INC., a Delaware corporation (“Carbiz USA”), CARBIZ AUTO CREDIT, INC., a Florida corporation (“Carbiz Auto Credit”), CARBIZ AUTO CREDIT JV1, LLC, a Florida limited liability company (“Carbiz JV”; Carbiz JV, Carbiz USA and Carbiz Auto Credit, each a “Borrower” and collectively, the “Borrowers”), TRAFALGAR CAPITAL SPECIALIZED INVESTMENT FUND, LUXEMBOURG, a Luxembourg SICAV fund (“Trafalgar”), and SWC SERVICES LLC, a Delaware limited liability company, acting in its capacity as administrative agent (in such capacity, “Administrative Agent”) for the Lenders (as hereinafter defined).
