SECOND AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • August 6th, 2013 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • Ontario
WHEREAS the Seller, the Performance Guarantor and the Trust entered into an amended and restated receivables purchase agreement dated as of May 24, 2011, as amended by amending agreements made as of August 1, 2012 and February 28, 2013 (as amended, the "Amended and Restated RPA") pursuant to which from time to time the Seller sold to the Trust and the Trust purchased from the Seller, an undivided co-ownership interest in the Seller's present and future Receivables and the Related Security related thereto on a fully serviced basis, all in accordance with the terms of the Amended and Restated RPA;
FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of June 21, 2013 among AFC FUNDING CORPORATION, as Seller, AUTOMOTIVE FINANCE CORPORATION, as Servicer, The entities from time to time parties hereto as Purchasers or Purchaser Agents...Receivables Purchase Agreement • August 6th, 2013 • KAR Auction Services, Inc. • Retail-auto dealers & gasoline stations • Indiana
This FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT, originally dated as of December 31, 1996, amended and restated as of May 31, 2002, as of June 15, 2004, as of April 20, 2007, as of April 26, 2011 and as of June 21, 2013 (as further amended, supplemented or otherwise modified from time to time, the “Agreement”) is entered into among AFC FUNDING CORPORATION, an Indiana corporation, as seller (the “Seller”), AUTOMOTIVE FINANCE CORPORATION, an Indiana corporation (“AFC”), as initial servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the entities from time to time parties hereto as Purchasers or Purchaser Agents and BMO CAPITAL MARKETS CORP., a Delaware corporation (“BMOCM”), as agent for the Purchasers (in such capacity, together with its successors and assigns in such capacity, the “Agent”).
