COLONIAL REVOLVER NOTEAmericas Carmart Inc • November 8th, 2010 • Retail-auto dealers & gasoline stations • California
COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Borrower”), for value received, hereby unconditionally promise to pay to the order of BANK OF AMERICA, N.A. (“Lender”), the principal sum of FORTY MILLION DOLLARS AND NO CENTS ($40,000,000), or such lesser amount as may be advanced by Lender as Colonial Revolver Loans and owing as LC Obligations from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Loan and Security Agreement dated as of November 4, 2010, among Borrower, America’s Car Mart, Inc., an Arkansas corporation, Texas Car-Mart, Inc., a Texas corporation, America’s Car-Mart, Inc., a Texas corporation, Bank of Arkansas, N.A., as Agent and Co-Lead Arranger, Bank of America, N.A., as Collateral Agent, Documentation Agent and Co-Lead Arranger, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the
ACM-TCM REVOLVER NOTEAmericas Carmart Inc • November 8th, 2010 • Retail-auto dealers & gasoline stations
AMERICA’S CAR MART, INC., an Arkansas corporation, and TEXAS CAR-MART, INC., a Texas corporation, (separately and collectively, “Borrower”), for value received, hereby unconditionally jointly and severally promise to pay to the order of BANK OF ARKANSAS, N.A. (“Lender”), the principal sum of THREE MILLION THREE HUNDERED THIRTY-THREE THOUSAND THREE HUNDERED THIRTY-THREE DOLLARS AND 334/1000 CENTS ($3,333,333.334), or such lesser amount as may be advanced by Lender as ACM-TCM Revolver Loans from time to time under the Loan Agreement described below, together with all accrued and unpaid interest thereon. Terms are used herein as defined in the Loan and Security Agreement dated as of November 4, 2010, among Borrower, Colonial Auto Finance, Inc., America’s Car-Mart, Inc., a Texas corporation, Bank of Arkansas, N.A., as Agent and Co-Lead Arranger, Bank of America, N.A., as Collateral Agent, Documentation Agent and Co-Lead Arranger, Lender, and certain other financial institutions, as such ag
CONTINUING GUARANTYContinuing Guaranty • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This CONTINUING GUARANTY (this “Guaranty”), dated as of November 4, 2010, is executed by AMERICA’S CAR-MART, INC., a Texas corporation (“Parent” or “Guarantor”), in favor of BANK OF ARKANSAS, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), in light of the following facts:
AMERICA’S CAR-MART, INC., a Texas corporation as Parent, COLONIAL AUTO FINANCE, INC., an Arkansas corporation AMERICA’S CAR MART, INC., an Arkansas corporation TEXAS CAR-MART, INC., a Texas corporation as Borrowers LOAN AND SECURITY AGREEMENT Dated as...Loan and Security Agreement • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of November 4, 2010, among AMERICA’S CAR-MART, INC., a Texas corporation (“Parent”), COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Colonial”), AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”), TEXAS CAR-MART, INC., a Texas corporation (“TCM”)(each of Colonial, ACM and TCM, a “Borrower”, and collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), BANK OF ARKANSAS, N.A., as administrative agent for the Lenders (“Agent”) and co-lead arranger for the Lenders, BANK OF AMERICA, N.A., as collateral agent for the Lenders (“Collateral Agent”), and BANK OF AMERICA, N.A., as documentation agent for the Lenders (“Documentation Agent”) and co-lead arranger for the Lenders.
SECURITY AGREEMENTSecurity Agreement • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This SECURITY AGREEMENT (this “Agreement”), dated as of November 4, 2010, is entered into between COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Colonial” or “Grantor”) and BANK OF AMERICA, N.A., in its capacity as Collateral Agent for Lenders (as hereinafter defined) (in such capacity, “Collateral Agent”), on the other hand, in light of the following facts:
SECURITY AGREEMENTSecurity Agreement • November 8th, 2010 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This SECURITY AGREEMENT (this “Agreement”), dated as of November 4, 2010, is entered into by and among AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”) and TEXAS CAR-MART, INC., a Texas corporation (“TCM”; together with ACM, sometimes individually referred to herein as “Grantor” and collectively as “Grantors”), on one hand, and BANK OF AMERICA, N.A., in its capacity as Collateral Agent for Lenders (as hereinafter defined) (in such capacity, “Collateral Agent”), on the other hand, in light of the following facts:
