Amendment No. 5 to Third Amended and Restated Loan and Security Agreement and Limited WaiverAmericas Carmart Inc • March 1st, 2023 • Retail-auto dealers & gasoline stations
Company FiledMarch 1st, 2023 IndustryThis Amendment No. 5 to Third Amended and Restated Loan and Security Agreement and Limited Waiver (“Amendment”) is dated as of February 22, 2023, and is entered into by and 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 the Loan Agreement (as hereinafter defined) as lenders (collectively, “Lenders”), BMO Harris Bank N.A., as agent for the Lenders (in such capacity, “Agent”), lead arranger and book manager for the Lenders. All capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Loan Agreement (as hereinafter defined).