AMENDED AND RESTATED SHAREHOLDERS’ AGREEMENT dated as of April 18, 2014 among DRIVETIME AUTOMOTIVE GROUP, INC. ERNEST C. GARCIA II, THE ERNEST C. GARCIA III MULTI-GENERATIONAL TRUST III, AND THE ERNEST IRREVOCABLE 2004 TRUST III and RAYMOND C. FIDELShareholder Agreement • May 9th, 2014 • Drivetime Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
AMENDED AND RESTATED SHAREHOLDERS' AGREEMENT dated as of April 18, 2014 (the “Agreement”) among (i) DriveTime Automotive Group, Inc., a Delaware corporation (the “Company”), (ii) Ernest C. Garcia II, the Ernest C. Garcia III Multi-Generational Trust III, and the Ernest Irrevocable 2004 Trust III (collectively, the “Principal Shareholder”), (iii) and Raymond C. Fidel (the “Management Shareholder”). “Principal Shareholder” and “Management Shareholder” shall each mean, if such entities or persons shall have Transferred any of their “Company Securities” to any of their respective “Permitted Transferees” (as such terms are defined below), such entities or persons and such Permitted Transferees, taken together, and any right, obligation or action that may be exercised or taken at the election of such entities or persons may be taken at the election of such entities or persons and such Permitted Transferees.
DT ACCEPTANCE CORPORATION RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • May 9th, 2014 • Drivetime Automotive Group Inc • Retail-auto dealers & gasoline stations • Arizona
THIS RESTRICTED STOCK AGREEMENT (the “Agreement”) is made and entered into as of April 18, 2014 (the “Effective Date”), by and between DT Acceptance Corporation, an Arizona corporation (the “Company”) and Raymond C. Fidel (the “CEO”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 9th, 2014 • Drivetime Automotive Group Inc • Retail-auto dealers & gasoline stations
This Amendment No. 1, dated as of January 31, 2014 (this “Amendment”), is among DT Funding, LLC, as borrower (the “Borrower”), DT Credit Company, LLC, as servicer (the “Servicer”), Wells Fargo Bank, National Association, as lender (the “Lender”), Wells Fargo Securities, LLC, as administrative agent (the “Administrative Agent”), and Wells Fargo Bank, National Association, as collateral custodian (in such capacity, the “Collateral Custodian”) and backup servicer (in such capacity, the “Backup Servicer”), and relates to the Loan and Security Agreement, dated as of November 20, 2012 (the “Original Loan Agreement” and, as amended by this Amendment, the “Loan Agreement”), in each case among the parties hereto.
