Published Deal CUSIP Number: 04343PAN2 THIRD AMENDED AND RESTATED CREDIT AGREEMENTDated as of September 25, 2019amongASBURY AUTOMOTIVE GROUP, INC.,as a Borrower,andCERTAIN OF ITS SUBSIDIARIES,as Vehicle BorrowersBANK OF AMERICA, N.A., as...Credit Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of September 25, 2019, among ASBURY AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Company”), certain Subsidiaries of the Company party hereto as New Vehicle Borrowers pursuant to Section 2.24 (each a “New Vehicle Borrower” and collectively with the Used Vehicle Borrowers (defined below), the “Vehicle Borrowers”), certain Subsidiaries of the Company party hereto as Used Vehicle Borrowers pursuant to Section 2.25 (each a “Used Vehicle Borrower”, and collectively with the Company, the “Used Vehicle Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Revolving Swing Line Lender, New Vehicle Floorplan Swing Line Lender, Used Vehicle Floorplan Swing Line Lender and an L/C Issuer. The Vehicle Borrowers, including the Company in its capacity as Borrower under the Revolving Credit Facility, ar
COMPANY GUARANTY AGREEMENTCompany Guaranty Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
THIS THIRD AMENDED AND RESTATED COMPANY GUARANTY AGREEMENT dated as of September 25, 2019 (this “Company Guaranty Agreement”), is entered into between ASBURY AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Guarantor” or the “Company”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced below). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
THIS THIRD AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT dated as of September 25, 2019 (this “Guaranty Agreement”), is entered into among EACH OF THE UNDERSIGNED AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (each a “Guarantor” and collectively the “Guarantors”) and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced below). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.
ESCROW AND SECURITY AGREEMENTEscrow and Security Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
THIS THIRD AMENDED AND RESTATED ESCROW AND SECURITY AGREEMENT (this “Agreement”) is made and entered into as of September 25, 2019 by ASBURY AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Company” and a “Grantor”), EACH OF THE UNDERSIGNED SUBSIDIARIES OF THE COMPANY AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (each a “Grantor”, and collectively with the Company, the “Grantors”), and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced below). All capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Credit Agreement.
THIRD AMENDED AND RESTATED SECURITIES PLEDGE AGREEMENTSecurities Pledge Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
THIS THIRD AMENDED AND RESTATED SECURITIES PLEDGE AGREEMENT dated as of September 25, 2019 (this “Pledge Agreement”), is entered into among ASBURY AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Company”), EACH OF THE UNDERSIGNED SUBSIDIARIES OF THE COMPANY AND EACH OTHER PERSON THAT SHALL BECOME A PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (each a “Pledgor” and, together with the Company, collectively, the “Pledgors”), and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced below).
SECURITY AGREEMENTSecurity Agreement • September 26th, 2019 • Asbury Automotive Group Inc • Retail-auto dealers & gasoline stations • New York
THIS THIRD AMENDED AND RESTATED SECURITY AGREEMENT dated as of September 25, 2019 (this “Security Agreement”) is being entered into among ASBURY AUTOMOTIVE GROUP, INC., a Delaware corporation (the “Company”), EACH OF THE UNDERSIGNED SUBSIDIARIES OF THE COMPANY AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A JOINDER AGREEMENT (each a “Grantor” and, together with the Company, collectively, the “Grantors”), and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced) below.
