LOAN AND SECURITY AGREEMENT CARBIZ USA INC., a Delaware corporation, CARBIZ AUTO CREDIT, INC., a Florida corporation, and CARBIZ AUTO CREDIT JV1, LLC, a Florida limited liability company, as Borrowers, CARBIZ INC., an Ontario corporation, as a...Loan and Security Agreement • March 29th, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 23, 2007 is entered into by and among (a) CARBIZ USA INC., a Delaware corporation (“Carbiz USA”), CARBIZ AUTO CREDIT, INC., a Florida corporation (“Carbiz Auto Credit”), CARBIZ AUTO CREDIT JV1, LLC, a Florida limited liability company (“Carbiz JV”; Carbiz JV, Carbiz Auto Credit and Carbiz USA, each individually a “Borrower” and collectively, the “Borrowers”), (b) CARBIZ INC., an Ontario corporation (“Carbiz Parent”), as a Guarantor, (c) COLOSSUS CAPITAL FUND, L.P., a Delaware limited partnership (the “Initial Lender”), the other Lenders from time to time party hereto, and (d) SWC SERVICES LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
GUARANTY AND SECURITY AGREEMENT (Continuing/Unlimited)Guaranty and Security Agreement • March 29th, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
THIS GUARANTY AND SECURITY AGREEMENT (this “Guaranty”) is made effective as of March 23, 2007 by CARBIZ INC., a corporation incorporated under the laws of the Province of Ontario (“Guarantor”) and SWC SERVICES LLC, a Delaware limited liability company, as administrative agent (in such capacity, “Administrative Agent”) for the Lenders (as defined in the Loan Agreement described below).
PLEDGE AGREEMENTPledge Agreement • March 29th, 2007 • Carbiz Inc • Services-prepackaged software • Illinois
THIS PLEDGE AGREEMENT (this “Agreement”), dated as of March 23, 2007, is by and between CARBIZ INC., a corporation organized under the laws of the Province of Ontario, Canada (“Pledgor”) and SWC SERVICES LLC, a Delaware limited liability company, acting in its capacity as Administrative Agent (as such term is defined in the below referenced Loan Agreement, in such capacity, the “Pledgee”) for the benefit of the “Lenders” (as defined in the Loan Agreement).
