Inventory Financing Agreement Sample Contracts

EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • November 17th, 2023 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

This Eighth Amended and Restated Inventory Financing Agreement (as from time to time amended, restated, amended and restated, supplemented or otherwise modified, and together with any Transaction Statements, as hereinafter defined, this “Agreement”), dated as of November 14, 2023 (the “Closing Date”), is among the persons listed on Schedule 3 to this Agreement entitled “List of Dealers” (each, individually, a “Dealer” and collectively, the “Dealers”), Wells Fargo Commercial Distribution Finance, LLC (in its individual capacity, “CDF”) as Agent (CDF, in such capacity as agent, is herein referred to as “Agent”) for the several financial institutions that may from time to time become party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender, and such Lenders.

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EX-10.40 21 d206888dex1040.htm INVENTORY FINANCING AGREEMENT INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • May 5th, 2020 • Illinois

This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and RED RIVER COMPUTER CO., INC., a New Hampshire corporation (“Dealer”).

FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • January 30th, 2019 • Marinemax Inc • Retail-auto & home supply stores • Illinois

This Fourth Amended and Restated Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, this “Agreement”) is entered into as of October 26, 2018 by and between the persons listed in the section of this Agreement entitled “List of Dealers” (each, individually, a “Dealer” and, collectively, “Dealers”), Wells Fargo Commercial Distribution Finance, LLC (in its individual capacity, “CDF”) as Agent (CDF, in such capacity as agent, is herein referred to as “Agent”) for the several financial institutions that are parties to this Agreement or may from time to time become party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender, and such Lenders.

INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • October 1st, 2020 • 1847 Holdings LLC • Services-management consulting services • Illinois

This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, “Agreement”) is between Wells Fargo Commercial Distribution Finance, LLC (“Lender”), with its chief executive office and principal place of business at 10 South Wacker Drive, Chicago, Illinois 60606 and Asien’s Appliance, Inc., a California corporation (“Dealer”) with its chief executive office and principal place of business at 1801 Piner Road, Santa Rosa, California 95403.

EX-10.1 2 hasc_ex10z1.htm INVENTORY FINANCING AGREEMENT INVENTORY FINANCING AGREEMENT (Multi-Dealer) (MD)
Inventory Financing Agreement • May 5th, 2020 • Illinois

This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, "Agreement") is among GE Commercial Distribution Finance (“Lender”) with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and the persons listed in the section of this Agreement entitled "List of Dealers" (each, individually, a "Dealer" and collectively, the "Dealers").

PAYDOWN AMENDMENT TO INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)

This Amendment is made to that certain Inventory Financing Agreement entered into by and between RED RIVER COMPUTER CO., INC. (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”) on March 23, 2010, as amended (“Agreement”).

FOURTH AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • November 2nd, 2021 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS FOURTH AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT AND PROGRAM TERMS LETTERS (this “Amendment”) dated as of October 29, 2021, is made to that certain SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of February 11, 2020, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

FOURTH AMENDMENT TO AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • December 11th, 2014 • Marinemax Inc • Retail-auto & home supply stores

THIS FOURTH AMENDMENT (the “Amendment”) dated this 29th day of August, 2014, is to that certain Amended and Restated Inventory Financing Agreement entered into by and among GE Commercial Distribution Finance Corporation (“CDF”) and the undersigned Dealers (each, individually, a “Dealer” and, collectively, “Dealers”) dated June 28, 2013 (as amended, supplemented or otherwise modified form time to time, the “Financing Agreement”).

ADDENDUM TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENT
Inventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)

This Addendum is made to (i) that certain Inventory Financing Agreement dated September 30, 2009, as, between fusionstorm (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”), as amended (“IFA”) and (ii) that certain Business Financing Agreement between Dealer and CDF dated September 30, 2009, as amended (“BFA”).

AMENDMENT TO INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • February 19th, 2014 • HASCO Medical, Inc. • Services-home health care services

This Amendment 1s entered into by and among Mobility Freedom. Inc. and Ride-Away Handicap Equipment Corp. (jointly and severally “Dealer") and GE Commercial Distribution Finance Corporation ("CDF") and amends that certain Inventory Financing Agreement dated May 4, 2012 by and between CDF and Dealer (the Agreement). All terms defined in the Agreement to which this Amendment is attached that are not defined in this Amendment shall have the same meaning in this Amendment as in the Agreement.

CONSENT, WAIVER AND SECOND AMENDMENT TO EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • November 14th, 2024 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS CONSENT, WAIVER AND SECOND AMENDMENT TO EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (this “Amendment”) dated as of November 13, 2024, is made to, and in connection with, that certain EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of November 14, 2023, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, amended and restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

AMENDMENT NO. 1 TO THE ADDENDUM TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENT WITH CONSENT TO BUSINESS FINANCING AGREEMENT
Inventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone) • Illinois

This Amendment No. 1 to the Addendum to Inventory Financing Agreement and Business Financing Agreement and Consent to Business Financing Agreement (this “Agreement”) is entered into and effective as of April 9, 2010, and is by and between fusionstorm, a Delaware corporation (“Dealer”), and GE Commercial Distribution Finance Corporation (“CDF”).

INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • March 14th, 2008 • Jennifer Convertibles Inc • Retail-furniture stores • Illinois

This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, "Agreement") is between GE Commercial Distribution Finance Corporation ("CDF"), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and Hartsdale Convertibles, Inc., a New Yorkcorporation, ("Dealer").

THIRD AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • September 24th, 2021 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS THIRD AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT AND PROGRAM TERMS LETTERS (this “Amendment”) dated as of September 23, 2021, is made to that certain SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of February 11, 2020, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • June 2nd, 2021 • Twin Vee PowerCats, Co. • Ship & boat building & repairing • Illinois

This Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements. as hereinafter defined, “Agreement”) is between GE Commercial Distribution Finance Corporation (“CDF’’), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192 and Twin Vee Catamarans, Inc, a FL corporation (“Dealer”).

FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • July 24th, 2020 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (this “Amendment”) dated as of July 22, 2020, is made to that certain SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of February 11, 2020, between WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

SECOND AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • February 11th, 2021 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS SECOND AMENDMENT TO SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (this “Amendment”) dated as of December 10, 2020, is made to that certain SIXTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of February 11, 2020, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

THIRD AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • July 25th, 2017 • Marinemax Inc • Retail-auto & home supply stores • Illinois

This Third Amended and Restated Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, this “Agreement”) is entered into as of May 9, 2017 by and between the persons listed in the section of this Agreement entitled “List of Dealers” (each, individually, a “Dealer” and, collectively, “Dealers”), Wells Fargo Commercial Distribution Finance, LLC f/k/a GE Commercial Distribution Finance LLC (in its individual capacity, “CDF”) as Agent (CDF, in such capacity as agent, is herein referred to as “Agent”) for the several financial institutions that are parties to this Agreement or may from time to time become party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender, and such Lenders.

FIRST AMENDMENT TO EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • August 8th, 2024 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS FIRST AMENDMENT TO EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (this “Amendment”) dated as of August 7, 2024, is made to that certain EIGHTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT, dated as of November 14, 2023, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • August 9th, 2010 • Marinemax Inc • Retail-auto & home supply stores • Illinois
FOURTH AMENDMENT TO SEVENTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • May 8th, 2023 • OneWater Marine Inc. • Retail-auto & home supply stores • Illinois

THIS FOURTH AMENDMENT TO SEVENTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (this “Amendment”) dated as of February 14, 2023 (the “Fourth Amendment Closing Date”), is made to that certain SEVENTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT dated as of December 29, 2021, among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders” and individually, each a “Lender”), such Lenders that are party to this Amendment, and the persons listed on Schedule 3 thereto entitled “List of Dealers” (each, individually, a “Dealer” and collectively, the “Dealers”) (as amended, restated, supplemented or otherwise modified, the “IFA”). All capitalized terms not otherwise defined in this Amendment shall have the respective meanings assigned to them in the IFA.

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Contract
Inventory Financing Agreement • February 29th, 2012 • Hickory Tech Corp • Telephone communications (no radiotelephone)
AMENDMENT TO INVENTORY FINANCING AGREEMENT AND BUSINESS FINANCING AGREEMENT
Inventory Financing Agreement • December 12th, 2011 • FusionStorm Global, Inc. • Telephone communications (no radiotelephone)

This Amendment is made to (i) that certain Inventory Financing Agreement executed on the 23rd day of March, 2010, between RED RIVER COMPUTER CO., INC. (“Dealer”) and GE Commercial Distribution Finance Corporation (“CDF”), as amended (“IFA”) and (ii) that certain Business Financing Agreement between Dealer and CDF dated August 18, 2011, as amended (“BFA”).

SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT, FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER, AND FOURTH AMENDED AND RESTATED
Inventory Financing Agreement • January 30th, 2020 • Marinemax Inc • Retail-auto & home supply stores

THIS SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT, FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER, AND FOURTH AMENDED AND RESTATED [****] (this “Amendment”) dated as of November 8, 2019, is made to that certain FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (as amended, supplemented, restated or modified, the “IFA”) by and among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders,” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”) and for itself as a Lender, and such Lenders, FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER (as amended, restated, supplemented or otherwise modified from time to time, the “PTL”) by and among CDF and Dealers, and FOURTH AMENDED AND RESTATED [****

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT [****]
Inventory Financing Agreement • February 2nd, 2017 • Marinemax Inc • Retail-auto & home supply stores

THIS AMENDMENT (the “Amendment”), dated this 22nd day of October, 2016, is a Third Amendment to that certain Second Amended and Restated Inventory Financing Agreement dated October 30, 2015, as amended by that certain First Amendment to Second Amended and Restated Inventory Financing Agreement (the “First Amendment”) dated March 31, 2016 and that certain Second Amendment to Second Amended and Restated Inventory Financing Agreement dated June 9, 2016 (as further amended, supplemented or otherwise modified from time to time, the “Financing Agreement”) [****] entered into by and among the undersigned Dealers (each, individually, a “Dealer” and, collectively, “Dealers”), Wells Fargo Commercial Distribution Finance LLC (in its individual capacity, “CDF”) as Agent (CDF, in such capacity as agent, is herein referred to as “Agent”) for the several financial institutions that are parties to the Financing Agreement or may from time to time become a party to the Financing Agreement (collectively,

FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT, FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER, AND FOURTH AMENDED AND RESTATED
Inventory Financing Agreement • December 3rd, 2019 • Marinemax Inc • Retail-auto & home supply stores

THIS FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT, FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER, AND FOURTH AMENDED AND RESTATED [****] (this “Amendment”) dated as of July __, 2019, is made to that certain FOURTH AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT (as amended, supplemented, restated or modified, the “IFA”) by and among WELLS FARGO COMMERCIAL DISTRIBUTION FINANCE, LLC (“CDF”) as Agent (in such capacity as agent, the “Agent”) for the several financial institutions that may from time to time become party thereto (collectively, “Lenders,” and individually, each a “Lender”) and Dealers that may from time to time become party thereto (collectively, “Dealers” and individually, each a “Dealer”), FIFTH AMENDED AND RESTATED PROGRAM TERMS LETTER (as amended, restated, supplemented or otherwise modified from time to time, the “PTL”) by and among CDF and Dealers, and FOURTH AMENDED AND RESTATED [****] (as amended, restated, supplemented or otherwis

AMENDED AND RESTATED INVENTORY FINANCING AGREEMENT
Inventory Financing Agreement • August 6th, 2013 • Marinemax Inc • Retail-auto & home supply stores • Illinois

This Amended and Restated Inventory Financing Agreement (as from time to time amended and together with any Transaction Statements, as hereinafter defined, this “Agreement”) is among GE Commercial Distribution Finance Corporation (“CDF”), with its chief executive office and principal place of business at 5595 Trillium Boulevard, Hoffman Estates, Illinois 60192, and the persons listed in the section of this Agreement entitled “List of Dealers” (each, individually, a “Dealer” and, collectively, “Dealers”).

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