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- S-4 Registration of securities issued in business combination transactions
- 3.1.1 Amended and Restated Certificate of Incorporation
- 3.1.2.1 Articles of Incorporation
- 3.1.2.2 Articles of Amendment to the Articles of Incorporation
- 3.1.3 Articles of Organization
- 3.1.4 Articles of Organization
- 3.1.5 Articles of Organization
- 3.1.6 Articles of Organization
- 3.2.1 By-laws
- 3.2.2 By-laws
- 3.2.3 Operating Agreement
- 3.2.4 Operating Agreement
- 3.2.5 Operating Agreement
- 3.2.6 Operating Agreement
- 4.1.1 Indenture
- 4.1.2 First Supplemental Indenture
- 4.2 Registration Rights Agreement
- 5.1 Opinion of Dla Piper LLP (Us)
- 10.1 Executive Long Term Incentive Plan
- 10.2 Executive Bonus Agreement
- 10.3 First Amendment to Executive Bonus Agreement
- 10.4 Executive Bonus Agreement
- 10.5 First Amendment to Executive Bonus Agreement
- 10.6 Executive Bonus Agreement
- 10.7 First Amendment to Executive Bonus Agreement
- 10.8.1 Director and Officer Indemnity Agreement
- 10.8.2 Director and Officer Indemnity Agreement
- 10.9.1 Third Amended and Restated Loan and Security Agreement
- 10.9.2 Amendment No. 1 to Third Amended and Restated Loan & Security Agreement
- 10.9.3 Amendment No. 2 to Third Amended and Restated Loan & Security Agreement
- 10.9.4 Amendment No. 3 to Third Amended and Restated Loan & Security Agreement
- 10.9.5 Amendment No. 4 to Third Amended and Restated Loan & Security Agreement
- 10.9.6 Amendment No. 5 to Third Amended and Restated Loan & Security Agreement
- 10.10 Third Amended and Restated Loan and Servicing Agreement
- 10.11 Loan and Servicing Agreement
- 10.12.1 Loan and Servicing Agreement
- 10.12.2 Amendment No. 1 to Loan and Servicing Agreement
- 10.13.1 Loan and Servicing Agreement
- 10.13.2 Amendment No. 1 to Loan and Servicing Agreement
- 10.13.3 Amendment No. 2 to Loan and Servicing Agreement
- 12.1 Computation of Ratio of Earnings to Fixed Charges
- 21.1 Subsidiaries of the Registrants
- 23.1 Consent of Grant Thornton LLP
- 25 Statement of Eligibility on Form T-1
- 99.1 Letter of Transmittal
- 99.2 Notice of Guaranteed Delivery
- 99.3 Letter to Clients
- 99.4 Letter to Brokers
- 22 Dec 10 Registration of securities issued in business combination transactions (amended)
- 18 Nov 10 Registration of securities issued in business combination transactions (amended)
- 19 Oct 10 Registration of securities issued in business combination transactions (amended)
- 4 Oct 10 Registration of securities issued in business combination transactions
Exhibit 10.3
FIRST AMENDMENT TO EXECUTIVE BONUS AGREEMENT
(DTAC and DTAG)
This Amendment is effective as of the 1st day of January, 2009 by and among DT Acceptance Corporation (“DTAC”) and DriveTime Automotive Group, Inc. (“DTAG”)(collectively, the “Company”) and Mark Sauder (the “Employee”).
RECITALS
A. The Company and Employee are parties to an Executive Bonus Agreement, dated as of July 13, 2005 (the “Agreement”) pursuant to which the Employee replaced certain benefits under an Executive Sale Participation Plan, dated January 1, 2004 with certain payments following the Payment Date as set forth in the Agreement.
B. The Company and Employee desire to amend the Agreement on the terms and conditions set forth in this Amendment.
In consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, the parties agree as follows:
1.Defined Terms. Unless otherwise specified herein, all capitalized terms used in this Amendment shall have the same meaning given to such terms in the Agreement.
2.Amendment to Section 3 of the Agreement. Effective as of January 1, 2009, Section 3 of the Agreement is amended to delete the current table in that section and replace it as follows:
Date of Contribution | Amount of Contribution | ||
May 1, 2006 | $ | 2,000,000 | |
May 1, 2007 | $ | 2,000,000 | |
May 1, 2008 | $ | 2,000,000 | |
May 1, 2009 | $ | 1,000,000 | |
May 1, 2010 | $ | 1,000,000 | |
May 1, 2011 | $ | 2,000,000 |
3.Amendment to Section 6(e)(iii). Effective as of January 1, 2009, “2010” in Section 6(e)(iii) shall be changed to 2011.
DRIVETIME AUTOMOTIVE GROUP, INC. | ||
By: | /s/ Jon Ehlinger | |
Its: | Secretary | |
DT ACCEPTANCE CORPORATION | ||
By: | /s/ Jon Ehlinger | |
Its: | Secretary | |
/s/ Mark Sauder | ||
Mark Sauder | ||
Date: | 4/7/09 |