Standard Contracts
REVOLVING CREDIT AND SECURITY AGREEMENT among ACV CAPITAL FUNDING II LLC, as Borrower, THE FUNDING AGENTS FROM TIME TO TIME PARTIES HERETO, THE COMMITTED LENDERS FROM TIME TO TIME PARTIES HERETO, THE CONDUIT LENDERS FROM TIME TO TIME PARTIES HERETO,...Revolving Credit and Security Agreement • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
REVOLVING CREDIT AND SECURITY AGREEMENT, dated as of June 20, 2024, among ACV Capital Funding II LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, the “Borrower”), the FUNDING AGENTS for the Facility Groups (as defined herein) from time to time party hereto (the “Funding Agents”), the CONDUIT LENDERS from time to time party hereto, the COMMITTED LENDERS from time to time party hereto and Citibank, N.A., as Administrative Agent for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, the “Administrative Agent”).
Performance GuarantyPerformance Guaranty • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
This Performance Guaranty (this “Guaranty”) is made as of June 20, 2024, by ACV Auctions Inc., a Delaware corporation (the “Guarantor”), in favor of Citibank, N.A., as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties under the Credit Agreement (as defined below) and the Facility Documents (as defined in such Credit Agreement) executed in connection therewith.
ACV Capital LLC, as Seller and ACV Capital Funding II LLC, as Purchaser Purchase and Sale Agreement Dated June 20, 2024Purchase and Sale Agreement • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
This Purchase and Sale Agreement, dated as of June 20, 2024, by and between ACV Capital LLC, a Delaware limited liability company (the “Seller”), and ACV Capital Funding II LLC, a Delaware limited liability company (the “Purchaser”).
ACV Capital Funding II LLC, as Borrower ACV Capital LLC, as Servicer and Citibank, N.A., as Administrative Agent Servicing Agreement Dated June 20, 2024Servicing Agreement • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
This Servicing Agreement (“Agreement”) is made and entered into as of June 20, 2024, between ACV Capital Funding II LLC, a Delaware limited liability company (“Borrower”), ACV Capital LLC, a Delaware limited liability company (“Servicer”), and Citibank, N.A. (“Administrative Agent”).
ContractRevolving Credit Amendment • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
AMENDMENT NO. 2 dated as of June 20, 2024 (this “Amendment”) by and among ACV Auctions Inc., a Delaware corporation (the “Borrower”), each Lender party hereto (constituting the Required Lenders) (the “Consenting Lenders”) and JPMorgan Chase Bank, N.A. (“JPMorgan”), as Administrative Agent (in such capacity, the “Administrative Agent”) to the Revolving Credit Amendment dated as of August 24, 2021 (as amended, supplemented or otherwise modified from time to time prior to the date hereof, the “Credit Agreement” and, the Credit Agreement as amended hereby, the “Amended Credit Agreement”) among the Borrower, the Lenders from time to time party thereto, and JPMorgan, as Administrative Agent. Capitalized terms used herein and not otherwise defined herein have the meanings assigned to them in the Amended Credit Agreement.
Limited Indemnity AgreementIndemnification & Liability • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
This Indemnity Agreement, dated as of June 20, 2024 (this “Indemnity”), is made by ACV Auctions Inc., a corporation organized under the laws of Delaware (“Indemnitor”), in favor of Citibank, N.A., as administrative agent for the Secured Parties (in such capacities, “Administrative Agent”).
