Common use of Simultaneous Agreement Clause in Contracts

Simultaneous Agreement. The parties acknowledge and agree that this Agreement is being entered into simultaneously with, and is contingent upon, execution of a Restricted Stock Agreement by and between DriveTime Automotive Group, Inc., a Delaware corporation, and the CEO (the “DTAG Agreement”). The terms of the DTAG Agreement are substantially identical to the terms of this Agreement, except that the DTAG Agreement provides for issuance of an identical number of shares of Common Stock of DriveTime Automotive Group, Inc. to the CEO and all provisions governing the DTAG Agreement relate to shares of Common Stock of DriveTime Automotive Group, Inc.. The parties acknowledge and agree that any exercise of redemption rights, rights of first refusal, repurchase rights, put rights, or any other rights, duties or obligations set forth herein with respect to the Remaining Shares shall be exercised simultaneously for an equivalent number of shares of Common Stock of DriveTime Automotive Group, Inc. pursuant to the corresponding provisions of the DTAG Agreement.

Simultaneous Agreement. The parties acknowledge and agree that this Agreement is being entered into simultaneously with, and is contingent upon, execution of a Restricted Stock Agreement by and between DriveTime Automotive Group, Inc., a Delaware corporation, and the CEO (the “DTAG Agreement”). The terms of the DTAG Agreement are substantially identical to the terms of this Agreementagreement, except that the DTAG Agreement provides for issuance of an identical number of shares of Common Stock of DriveTime Automotive Group, Inc. to the CEO and all provisions governing the DTAG Agreement relate to shares of Common Stock of DriveTime Automotive Group, Inc.. Inc. The parties acknowledge and agree that any exercise of redemption rights, rights of first refusal, repurchase rights, put rights, or any other rights, duties or obligations set forth herein with respect to the Remaining Shares shall be exercised simultaneously for an equivalent number of shares of Common Stock of DriveTime Automotive Group, Inc. pursuant to the corresponding provisions of the DTAG Agreement.