SECOND AMENDMENT, WAIVER AND CONSENT TO CREDIT AGREEMENT; AND FIRST AMENDMENT TO GUARANTEE AND COLLATERAL AGREEMENTCredit Agreement • November 2nd, 2009 • LKQ Corp • Wholesale-motor vehicles & motor vehicle parts & supplies • New York
Contract Type FiledNovember 2nd, 2009 Company Industry JurisdictionThis Second Amendment, Waiver and Consent to Credit Agreement; and First Amendment to Guarantee and Collateral Agreement (collectively, this “Second Amendment”), dated as of October 21, 2009, is by and among LKQ Corporation, a Delaware corporation (the “US Borrower”), LKQ Delaware LLP, a Delaware limited liability partnership having two Alberta unlimited liability companies as its partners (the “Canadian Borrower” and, together with the US Borrower, the “Borrowers”), Lehman Commercial Paper Inc. (“LCPI”), as Administrative Agent under the Credit Agreement referred to below (in such capacity, the “Existing Administrative Agent”) and as Swing Line Lender under the Credit Agreement (in such capacity, the “Existing Swing Line Lender”), the undersigned Lenders party to the Credit Agreement and each of the undersigned Subsidiaries of the US Borrower (the “Subsidiary Guarantors” and, together with the Borrowers, the “Loan Parties”). Capitalized terms used and not otherwise defined herein shal