SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 31st, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of December 24, 2007 is entered into by and among (a) CARBIZ USA INC., a Delaware corporation (“Carbiz USA”), CARBIZ AUTO CREDIT, INC., a Florida corporation (“Carbiz Auto”), CARBIZ AUTO CREDIT JV1, LLC, a Florida limited liability company (“Carbiz LLC”), CARBIZ AUTO CREDIT AQ, INC., a Florida corporation (“Carbiz AQ”) and TEXAS AUTO CREDIT, INC., a Florida corporation (“Houston Auto”; Houston Auto, Carbiz USA, Carbiz Auto, Carbiz LLC and Carbiz AQ are sometimes referred to herein individually as a “Borrower” and, collectively, as the “Borrowers”), (b) CARBIZ INC., an Ontario corporation (“Carbiz Parent”), as a Guarantor (as defined below), (c) SWC SERVICES LLC, a Delaware limited liability company, for itself as a lender (the “Initial Lender”), (d) the other Lenders (as defined below) from time to time party hereto, (e) SWC SERVICES LLC, a Delaware limited liability company, as administrative agen
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • December 31st, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
THIS ASSET PURCHASE AGREEMENT is entered into as of December 24, 2007, by and between AGM, LLC, a Delaware limited liability company (“Seller”) and TEXAS AUTO CREDIT, INC., a Florida corporation (“Buyer”), and sets forth the terms and conditions whereby the Seller agrees to sell and the Buyer agrees to purchase the Transferred Assets (as such term is hereinafter defined).
