Common use of Certain Documents and Information Clause in Contracts

Certain Documents and Information. Section 4.13 of the Disclosure Schedule accurately and completely lists the following: (i) each loan, credit agreement, guarantee, security agreement or similar document or instrument to which the Company is a party or by which it is bound and is not with a customer; (ii) each lease of personal property to which the Company is a party or by which it is bound; (iii) any other agreement, contract or commitment (other than real estate leases that will be executed simultaneous with this Agreement) to which the Company is a party or by which it is bound which involves a future commitment by the Company in excess of $25,000 and which cannot be terminated without liability on 90 days or less notice; (iv) each power of attorney executed by or on behalf of the Company; (v) the name and current annual compensation of (a) each employee of the Company who was hired subsequent to July 31, 2004 with a base annualized compensation in excess of $60,000; and (b) each employee of the Company whose current annual compensation is in excess of $60,000 per annum or whose annualized 2004 base salary exceeds $60,000, and the profit sharing, bonus or any other form of compensation (other than base compensation) paid or payable by the Company to or for the benefit of each such person for the year ending December 31, 2003, and any employment or other agreement of the Company with any of its officers or employees; (vi) the name of each of the officers and directors of the Company; (vii) the name of each bank in which the Company has an account or safe-deposit box, the name in which the account or box is held and the names of all persons authorized to draw thereon or to have access thereto; (viii) all capital expenditures by the Company subsequent to July 31, 2004; and (ix) all fixed assets distributed or disposed of by the Company subsequent to July 31, 2004. The Company has previously furnished LKQ with an accurate and complete copy of each such agreement, contract or commitment listed in Section 4.13 of the Disclosure Schedule. There has not been any default in any obligation to be performed by the Company under any such instrument which would have a Material Adverse Effect.

Certain Documents and Information. Section 4.13 of the Disclosure Schedule accurately and completely lists the following, in each case, whether written or oral: (i) each loan, credit agreement, guarantee, security agreement agreement, note, evidence of indebtedness or similar document or instrument to which the Company is a party or by which it is bound and is not with a customerbound; (ii) each lease of personal property or real property to which the Company is a party or by which it is bound; (iii) each contract or agreement containing any covenant limiting the Company from engaging in any line of business or competing with any person; (iv) any other agreement, contract or commitment (other than real estate leases that will be executed simultaneous with this Agreement) to which the Company is a party or by which it is bound which involves a future an aggregate commitment by the Company in excess of $25,000 and which cannot be terminated without liability on 90 60 days or less notice; (ivv) each power of attorney executed by or on behalf of the Company; (vvi) the name and current annual compensation of (a) each employee of the Company who was hired subsequent to July 31, 2004 with a base annualized compensation in excess of $60,000; and (b) each employee of the Company whose current annual compensation base salary is in excess of $60,000 50,000 per annum or whose annualized 2004 base salary exceeds $60,000, and the profit sharing, bonus or any other form of compensation (other than base compensation) paid or payable by the Company to or for the benefit of each such person for the year ending ended December 31, 20032004 or any period thereafter, and any employment or other agreement of the Company with any of its officers or employees; (vivii) the name of each of the officers and directors of the Company; and (viiviii) the name of each bank in which the Company has an account or safe-deposit box, the name in which the account or box is held and the names of all persons authorized to draw thereon or to have access thereto; (viii) all capital expenditures by the Company subsequent to July 31, 2004; and (ix) all fixed assets distributed or disposed of by the Company subsequent to July 31, 2004. The Company has previously furnished LKQ PNP with an accurate and complete copy of each such written agreement, contract or commitment listed in Section 4.13 of the Disclosure Schedule. There Schedule (the “Contracts”); and except as set forth on Section 4.13 of the Disclosure Schedule or as would not be likely to result in a Material Adverse Effect, there has not been any default in any obligation to be performed by the Company under any Contract and none of such instrument which Contracts has been modified or amended in any respect. Each of the Contracts is a valid, binding and enforceable obligation of the Company and, to the Company’s and Tree’s knowledge, the other parties thereto, in accordance with its terms and conditions, except that such enforcement may be subject to (a) bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting or relating to enforcement of creditors’ rights generally, and (b) general equitable principles. Except as would have not be likely to result in a Material Adverse Effect, neither the Company nor, to the Company’s and Tree’s knowledge, any other party thereto, is in breach of or in violation of, or in default under, any such Contract, and there is no pending, or to the Company’s and Tree’s knowledge, threatened, dispute with regard to any such Contract.