SEC Info℠ | Home | Search | My Interests | Help | Sign In | Please Sign In | ||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/28/12 KAR Auction Services, Inc. 10-K 12/31/11 54:7.9M Toppan Merrill-FA |
Document/Exhibit Description Pages Size 1: 10-K Annual Report HTML 1.55M 2: EX-10.14 Material Contract HTML 77K 3: EX-10.15 Material Contract HTML 74K 4: EX-10.16(B) Material Contract HTML 61K 5: EX-10.16(C) Material Contract HTML 70K 6: EX-10.16(D) Material Contract HTML 51K 7: EX-10.19(E) Material Contract HTML 39K 8: EX-10.19(F) Material Contract HTML 39K 9: EX-10.20(B) Material Contract HTML 52K 10: EX-10.20(C) Material Contract HTML 59K 12: EX-21.1 Subsidiaries List HTML 35K 13: EX-23.1 Consent of Experts or Counsel HTML 18K 11: EX-12.1 Statement re: Computation of Ratios HTML 25K 14: EX-31.1 Certification -- §302 - SOA'02 HTML 22K 15: EX-31.2 Certification -- §302 - SOA'02 HTML 22K 16: EX-32.1 Certification -- §906 - SOA'02 HTML 19K 17: EX-32.2 Certification -- §906 - SOA'02 HTML 19K 37: R1 Document and Entity Information HTML 45K 30: R2 Consolidated Statements of Income HTML 70K 35: R3 Consolidated Balance Sheets HTML 161K 39: R4 Consolidated Balance Sheets (Parenthetical) HTML 50K 50: R5 Consolidated Statements of Stockholders' Equity HTML 94K 31: R6 Consolidated Statements of Cash Flows HTML 162K 34: R7 Organization and Other Matters HTML 36K 29: R8 Summary of Significant Accounting Policies HTML 60K 26: R9 Acquisitions HTML 32K 51: R10 Stock-Based Compensation Plans HTML 96K 41: R11 Net Income Per Share HTML 32K 40: R12 Allowance for Credit Losses and Doubtful Accounts HTML 37K 45: R13 Finance Receivables and Obligations Collateralized HTML 49K by Finance Receivables 46: R14 Goodwill and Other Intangible Assets HTML 60K 44: R15 Property and Equipment HTML 39K 47: R16 Self Insurance and Retained Loss Reserves HTML 25K 36: R17 Long-Term Debt HTML 55K 38: R18 Financial Instruments HTML 43K 43: R19 Leasing Agreements HTML 32K 54: R20 Income Taxes HTML 89K 48: R21 Employee Benefit Plans HTML 29K 32: R22 Commitments and Contingencies HTML 27K 42: R23 Comprehensive Income HTML 33K 33: R24 Fair Value Measurements HTML 38K 25: R25 Related Party Transactions HTML 26K 49: R26 Segment Information HTML 124K 52: R27 Quarterly Financial Data (Unaudited) HTML 79K 28: R28 Supplemental Guarantor Information HTML 311K 53: XML IDEA XML File -- Filing Summary XML 58K 27: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 1.08M 18: EX-101.INS XBRL Instance -- kar-20111231 XML 1.38M 20: EX-101.CAL XBRL Calculations -- kar-20111231_cal XML 163K 21: EX-101.DEF XBRL Definitions -- kar-20111231_def XML 222K 22: EX-101.LAB XBRL Labels -- kar-20111231_lab XML 712K 23: EX-101.PRE XBRL Presentations -- kar-20111231_pre XML 346K 19: EX-101.SCH XBRL Schema -- kar-20111231 XSD 63K 24: ZIP XBRL Zipped Folder -- 0001047469-12-001790-xbrl Zip 124K
Exhibit 10.19(e)
EXECUTION COPY
AMENDMENT NO. 4 TO AMENDED AND RESTATED
PURCHASE AND SALE AGREEMENT
THIS AMENDMENT NO. 4 TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (this “Amendment”), dated as of January 30, 2009, is entered into between AFC FUNDING CORPORATION, an Indiana corporation (the “Company”) and AUTOMOTIVE FINANCE CORPORATION, an Indiana corporation (the “Originator”).
R E C I T A L S
A. The Company and the Originator are parties to that certain Amended and Restated Purchase and Sale Agreement, dated as of May 31, 2002 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Agreement”).
B. The Company and the Originator desire to amend the Agreement as hereinafter set forth.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Certain Defined Terms. Capitalized terms used but not defined herein have the meanings provided in the Agreement.
2. Amendments to Agreement. The Agreement is amended as follows:
2.1 Section 5.20 of the Agreement is hereby amended in its entirety to read as follows:
Section 5.20 Eligibility of Receivables. So long as the Originator is the Servicer, each Pool Receivable included as an Eligible Receivable in the calculation of Net Receivables Pool Balance is an Eligible Receivable as of the date of such calculation.
3. Representations and Warranties. The Originator hereby represents and warrants to the Company as follows:
(a) Representations and Warranties. The representations and warranties of the Originator contained in Article V of the Agreement are true and correct as of the date hereof (unless stated to relate solely to an earlier date, in which case such representations and warranties are true and correct as of such earlier date).
(b) Enforceability. The execution and delivery by the Originator of this Amendment, and the performance of its obligations under this Amendment and the Agreement, as amended hereby, are within its corporate powers and have been duly authorized by all necessary corporate action on its part. This Amendment and the Agreement, as amended hereby, are its valid and legally binding obligations, enforceable in accordance with its terms.
(c) Purchase and Sale Termination Event. No Purchase and Sale Termination Event has occurred and is continuing.
4. Effectiveness. This Amendment shall become effective upon the later of (a) February 4, 2009 and (b) receipt by the Agent of each of the counterparts of this Amendment (whether by facsimile or otherwise) executed by each of the parties hereto.
5. Effect of Amendment. Except as expressly amended and modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. After this Amendment becomes effective, all references in the Agreement (or in any other Transaction Document) to “the Purchase and Sale Agreement,” “this Agreement,” “hereof,” “herein” or words of similar effect, in each case referring to the Agreement, shall be deemed to be references to the Agreement as amended by this Amendment. This Amendment shall not be deemed to expressly or impliedly waive, amend or supplement any provision of the Agreement other than as set forth herein.
6. Counterparts. This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, and each counterpart shall be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument.
7. Governing Law. This Amendment shall be governed by, and construed in accordance with, the internal laws of the State of Indiana without reference to conflict of laws principles.
8. Section Headings. The various headings of this Amendment are inserted for convenience only and shall not affect the meaning or interpretation of this Amendment or the Agreement or any provision hereof or thereof.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
|
AFC FUNDING CORPORATION | |
|
|
|
|
|
|
|
By: |
/s/ James E. Money |
|
Name: |
|
|
Title: |
Treasurer |
|
|
|
|
|
|
|
AUTOMOTIVE FINANCE CORPORATION | |
|
|
|
|
|
|
|
By |
/s/ James E. Money |
|
Name: |
|
|
Title: |
V.P. of Finance & Treasurer |
|
|
CONSENTED TO BY: |
| |
|
|
|
BMO CAPITAL MARKETS CORP., as Agent and Purchaser Agent |
| |
|
|
|
|
|
|
By: |
/s/ John Pappano |
|
Name: |
| |
Title: |
Managing Director |
|
|
|
|
|
| |
DEUTSCHE BANK AG, NEW YORK BRANCH, as Purchaser Agent |
| |
|
|
|
|
|
|
By: |
/s/ Robert Sheldon |
|
Name: |
| |
Title: |
Director |
|
|
|
|
|
|
|
By: |
/s/ Daniel Gerber |
|
Name: |
| |
Title: |
Vice President |
|
This ‘10-K’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 2/28/12 | 8-K | ||
For Period end: | 12/31/11 | 5, 5/A | ||
2/4/09 | ||||
1/30/09 | 8-K | |||
5/31/02 | ||||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/21/24 OPENLANE, Inc. 10-K 12/31/23 112:14M 11/02/23 OPENLANE, Inc. 10-Q 9/30/23 68:7.4M 8/03/23 OPENLANE, Inc. 10-Q 6/30/23 66:7.3M 5/03/23 OPENLANE, Inc. 10-Q 3/31/23 60:6.8M 3/22/23 OPENLANE, Inc. 10-Q/A 9/30/22 62:7.2M 3/22/23 OPENLANE, Inc. 10-Q/A 6/30/22 61:7M 3/22/23 OPENLANE, Inc. 10-Q/A 3/31/22 61:6.1M 3/09/23 OPENLANE, Inc. 10-K 12/31/22 111:15M 11/02/22 OPENLANE, Inc. 10-Q 9/30/22 62:9.3M 8/03/22 OPENLANE, Inc. 10-Q 6/30/22 58:7.4M 5/04/22 OPENLANE, Inc. 10-Q 3/31/22 59:6.4M 2/23/22 OPENLANE, Inc. 10-K 12/31/21 110:15M 11/03/21 OPENLANE, Inc. 10-Q 9/30/21 57:6.9M 8/04/21 OPENLANE, Inc. 10-Q 6/30/21 55:6.8M 5/05/21 OPENLANE, Inc. 10-Q 3/31/21 57:5.6M 2/18/21 OPENLANE, Inc. 10-K 12/31/20 105:14M 11/04/20 OPENLANE, Inc. 10-Q 9/30/20 68:9.7M 8/05/20 OPENLANE, Inc. 10-Q 6/30/20 67:8.8M |