FIRST AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • May 4th, 2016 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • Delaware
This FIRST AMENDMENT (this “First Amendment”) dated as of April 1, 2016 to that certain Asset Purchase Agreement (the “Purchase Agreement”) dated as of February 17, 2016, by and among (a) ADESA, Inc. a Delaware corporation (the “Buyer”), (b) Brasher’s Reno Auto Auction, L.L.C., a Utah limited liability company (“Brasher’s Reno”), BIAA, L.L.C., a Utah limited liability company (“BIAA” and together with Brasher’s Reno, collectively, the “Sellers”), (c) Brasher’s Auto Auctions, a Utah corporation and member of each of Brasher’s Reno and BIAA (“Brasher’s”), (d) West Coast Auto Auctions, Inc., a California corporation and member of each of Brasher’s Reno and BIAA (“West Coast”), (e) the Principals as listed on Exhibit A attached hereto (collectively, the “Principals”), (f) the shareholders of Brasher’s as listed on Exhibit B attached hereto (collectively, the “Brasher’s Shareholders”), and the shareholders of West Coast as listed on Exhibit C attached hereto (collectively, the “West Coast S
AMENDMENT NO. 1 TO SIXTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • May 4th, 2016 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • Indiana
THIS AMENDMENT NO. 1 to SIXTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of March 2, 2016, is entered into among AFC FUNDING CORPORATION, an Indiana corporation (the “Seller”), AUTOMOTIVE FINANCE CORPORATION, an Indiana corporation (the “Servicer”), FAIRWAY FINANCE COMPANY, LLC, as a Purchaser, CHARIOT FUNDING LLC, as a Purchaser, DEUTSCHE BANK AG, NEW YORK BRANCH, as a Purchaser and as Purchaser Agent for itself, FIFTH THIRD BANK, as a Purchaser and as Purchaser Agent for itself, JPMORGAN CHASE BANK, N.A., as a Purchaser Agent for Chariot Funding LLC, BMO CAPITAL MARKETS CORP., as Purchaser Agent for Fairway Finance Company, LLC, and BANK OF MONTREAL, as the initial agent (the “Agent”).
