Attached files

file filename
EX-4.1 - 7TH SUPPLEMENTAL INDENTURE - DRIVETIME AUTOMOTIVE GROUP INCexh4x1-7thsuppindenture.htm


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
  

FORM 8-K
 
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of report (Date of earliest event reported): January 8, 2014
Commission 
File
Number
 
Registrant, State of Incorporation;
Address; Telephone Number
 
I.R.S. Employer
Identification 
Number
 
 
 
001-14759
 
DRIVETIME AUTOMOTIVE GROUP, INC.
(A Delaware Corporation)
4020 East Indian School Road, Phoenix, Arizona 85018
(602) 852-6600
 
 
86-0721358
 
 
 
333-169730
 
DT ACCEPTANCE CORPORATION
(An Arizona Corporation)
4020 East Indian School Road, Phoenix, Arizona 85018
(602) 852-6600
 
 
82-0587346
 
 
 
333-169730-04
 
DRIVETIME SALES AND FINANCE COMPANY, LLC
(An Arizona Limited Liability Company)
4020 East Indian School Road, Phoenix, Arizona 85018
(602) 852-6600
 
86-0657074


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2.):
 
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 






Item 1.01.    Entry into a Material Definitive Agreement.

DriveTime Automotive Group, Inc., a Delaware corporation (“DTAG”), and DT Acceptance Corporation, an Arizona corporation (“DTAC” and together with DTAG, the “Issuers”) are co-issuers, jointly and severally of the 12.625% Senior Secured Notes Due 2017 (the “Notes”) pursuant to the Indenture, dated as of June 4, 2010 (the “Indenture”) among the Issuers, the Guarantors party thereto and Wells Fargo Bank, National Association, as Trustee (the “Trustee”).
Pursuant to the Indenture, on September 27, 2013, the Issuers, DriveTime Insurance Holdings, Inc., a Delaware corporation (“Holdings”), a newly-formed wholly-owned subsidiary of DriveTime Sales and Finance Company, LLC, and the Trustee entered into the Seventh Supplemental Indenture (the “Seventh Supplemental Indenture”) whereby Holdings became a Guarantor under the Indenture.
The foregoing description of the Indenture and the Seventh Supplemental Indenture is only a summary, does not purport to be complete and is qualified in its entirety by reference to the Indenture which is filed as Exhibit 4.1.1 to the Amendment No. 1 to the Form S-4 Registration Statement filed on October 19, 2010, and the Seventh Supplemental Indenture, which is filed as Exhibit 4.1 to this Current Report on Form 8-K and are incorporated herein by reference.

Item 9.01.
Financial Statements and Exhibits.

(d) Exhibits

Exhibit
Number

Description

4.1
Seventh Supplemental Indenture, dated January 8, 2014, by and among DriveTime Automotive Group, Inc., DT Acceptance Corporation, DriveTime Insurance Holdings, Inc., Wells Fargo Bank, National Association, as Trustee


 



SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: January 14, 2014
 
DRIVETIME AUTOMOTIVE GROUP, INC.
 
 
 
 
 
By:
 
  /s/ Mark G. Sauder
 
 
 
 
  Mark G. Sauder
 
 
 
 
  Chief Financial Officer
 
 
Date: January 14, 2014
 
DT ACCEPTANCE CORPORATION
 
 
 
 
 
By:
 
  /s/ Mark G. Sauder
 
 
 
 
  Mark G. Sauder
 
 
 
 
  Chief Financial Officer
 
 
Date: January 14, 2014
 
DRIVETIME SALES AND FINANCE COMPANY, LLC
 
 
 
 
 
By:
 
  /s/ Raymond Fidel
 
 
 
 
  Raymond Fidel
 
 
 
 
  President, Chief Executive Officer and Manager
 
 


 
 
 

 



EXHIBIT INDEX

 
Exhibit No.
 
Description
4.1
 
Seventh Supplemental Indenture, dated January 8, 2014, by and among DriveTime Automotive Group, Inc., DT Acceptance Corporation, DriveTime Insurance Holdings, Inc., Wells Fargo Bank, National Association, as Trustee