CARVANA CO. AND EACH OF THE GUARANTORS PARTY HERETO AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee and Secured Notes Collateral Agent 9.0% / 14.0% Cash / PIK Senior Secured Notes due 2031 INDENTURE Dated as of September 1, 2023Carvana Co. • September 1st, 2023 • Retail-auto dealers & gasoline stations • New York
INDENTURE dated as of September 1, 2023, by and among CARVANA CO. (the “Issuer” or the “Company”), a Delaware corporation, the Guarantors (as defined in Section 1.1) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Trustee”) and as Secured Notes Collateral Agent (in such capacity, the “Secured Notes Collateral Agent”).
CARVANA CO., GUARANTORS PARTY HERETO and as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of August 30, 2023 to Indenture Dated as of October 2, 2020Second Supplemental Indenture • September 1st, 2023 • Carvana Co. • Retail-auto dealers & gasoline stations • New York
This SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of August 30, 2023, among CARVANA CO. (the “Company”), each of the guarantors listed on Schedule I hereto (the “Guarantors”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee (the “Trustee”), under the Indenture, dated as of October 2, 2020, as amended to date (the “Indenture”). Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Indenture.
INVENTORY FINANCING AND SECURITY AGREEMENTInventory Financing and Security Agreement • September 1st, 2023 • Carvana Co. • Retail-auto dealers & gasoline stations
This FIRST AMENDMENT TO INVENTORY FINANCING AND SECURITY AGREEMENT (this “Agreement”), dated as of September 1, 2023, is entered into by and among (i) Ally Bank (Ally Capital in Hawaii, Mississippi, Montana and New Jersey), a Utah state chartered bank (together with its successors and assigns, “Bank”), (ii) Ally Financial Inc., a Delaware entity (“Ally” and together with Bank, collectively, the “Ally Parties” and each, an “Ally Party”), and (iii) Carvana, LLC, an Arizona limited liability company (the “Dealership”).
