SIXTH SUPPLEMENTAL INDENTURE dated as of September 27, 2013 among DRIVETIME AUTOMOTIVE GROUP, INC., DT ACCEPTANCE CORPORATION, DRIVERS SEAT, LLC, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee 12.625% Senior Secured Notes due 2017
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EX-4.1 2 a41_sixthsuppindenture.htm EXHIBIT 4.1 4.1_SixthSuppIndenture
SIXTH SUPPLEMENTAL INDENTURE
dated as of September 27, 2013
among
DRIVETIME AUTOMOTIVE GROUP, INC.,
DT ACCEPTANCE CORPORATION,
DRIVER’S SEAT, LLC,
and
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Trustee
dated as of September 27, 2013
among
DRIVETIME AUTOMOTIVE GROUP, INC.,
DT ACCEPTANCE CORPORATION,
DRIVER’S SEAT, LLC,
and
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Trustee
12.625%
Senior Secured Notes due
2017
Senior Secured Notes due
2017
THIS SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”), entered into as of September 27, 2013, among DRIVETIME AUTOMOTIVE GROUP, INC., a Delaware corporation (“DTAG”) and DT ACCEPTANCE CORPORATION, an Arizona corporation (“DTAC” and together with DTAG, the “Issuers”), DRIVER’S SEAT, LLC, a Delaware limited liability company (the “Undersigned”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee (the “Trustee”).
RECITALS
WHEREAS, the Issuers, the Guarantors party thereto and the Trustee entered into the Indenture, dated as of June 4, 2010 (the “Indenture”), relating to the Issuers’ 12.625% Senior Secured Notes Due 2017 (the “Notes”);
WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Issuers agreed pursuant to the Indenture to cause any newly acquired or created Restricted Subsidiaries to provide Guarantees in certain circumstances.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to this Sixth Supplemental Indenture hereby agree as follows:
Section 1. Capitalized terms used herein and not otherwise defined herein are used as defined in the Indenture.
Section 2. The Undersigned, by its execution of this Sixth Supplemental Indenture, agrees to be a Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Guarantors, including, but not limited to, Article 11 thereof.
Section 3. This Sixth Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles thereof.
Section 4. This Sixth Supplemental Indenture may be signed in various counterparts which together will constitute one and the same instrument.
Section 5. This Sixth Supplemental Indenture is an amendment supplemental to the Indenture and the Indenture and this Sixth Supplemental Indenture will henceforth be read together.
IN WITNESS WHEREOF, the parties hereto have caused this Sixth Supplemental Indenture to be duly executed as of the date first above written.
DRIVETIME AUTOMOTIVE GROUP, INC., as Issuer | ||
By: | /s/ Jon Ehlinger | |
Name: | Jon Ehlinger | |
Title: | Secretary | |
DT ACCEPTANCE CORPORATION, as Issuer | ||
By: | /s/Steven P. Johnson | |
Name: | Steven P. Johnson | |
Title: | President | |
DRIVER’S SEAT, LLC, as Guarantor | ||
By: | /s/Jon Ehlinger | |
Name: | Jon Ehlinger | |
Title: | Secretary | |
WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee and Collateral Agent | ||
By: | /s/Raymond Delli Colli | |
Name: | Raymond Delli Colli | |
Title: | Vice President | |
[Signature Page to Sixth Supplemental Indenture]
