COLONIAL SECOND AMENDED AND RESTATED REVOLVER NOTERevolver Note • March 12th, 2012 • Americas Carmart Inc • 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 COMMERCE BANK (“Lender”), the principal sum of THIRTEEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($13,800,000), 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 Amended and Restated Loan and Security Agreement dated as of March 9, 2012, 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 America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the “Loan Agreement”).
ACM-TCM AMENDED AND RESTATED REVOLVER NOTERevolver Note • March 12th, 2012 • Americas Carmart Inc • 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 BOKF, NA D/B/A BANK OF ARKANSAS (“Lender”), the principal sum of TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000), 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 Amended and Restated Loan and Security Agreement dated as of March 9, 2012, among Borrower, Colonial Auto Finance, Inc., America’s Car-Mart, Inc., a Texas corporation, Bank of America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the “Loan Agreement”).
AMENDED AND RESTATED CONTINUING GUARANTYContinuing Guaranty • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This CONTINUING GUARANTY (this “Guaranty”), dated as of March 9, 2012, is executed by COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Guarantor”), in favor of BANK OF AMERICA, 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 AMENDED AND RESTATED LOAN AND...Loan and Security Agreement • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Agreement”) is dated as of March 9, 2012, 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 AMERICA, N.A., as administrative agent for the Lenders (“Agent”), Book Manager, and lead arranger for the Lenders.
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of March 9, 2012, is entered into between COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Colonial” or “Grantor”) and BANK OF AMERICA, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), on the other hand, in light of the following facts:
COLONIAL REVOLVER NOTEColonial Revolver Note • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations
COLONIAL AUTO FINANCE, INC., an Arkansas corporation (“Borrower”), for value received, hereby unconditionally promise to pay to the order of FIRST TENNESSEE BANK (“Lender”), the principal sum of THIRTEEN MILLION EIGHT HUNDRED THOUSAND DOLLARS ($13,800,000), 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 Amended and Restated Loan and Security Agreement dated as of March 9, 2012, 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 America, N.A., as Agent, Lead Arranger and Book Manager, Lender, and certain other financial institutions, as such agreement may be amended, modified, renewed or extended from time to time (the “Loan Agreement”).
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of March 9, 2012, is entered into between AMERICA’S CAR-MART, INC., a Texas corporation (“Parent” or “Grantor”) and BANK OF AMERICA, N.A., in its capacity as agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), on the other hand, in light of the following facts:
AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • March 12th, 2012 • Americas Carmart Inc • Retail-auto dealers & gasoline stations • California
This AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”), dated as of March 9, 2012, 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 agent for Lenders (as hereinafter defined) (in such capacity, “Agent”), on the other hand, in light of the following facts:
