The Hertz Corporation

Asset-Backed Securities

Terms of Use

By clicking agree to these Terms of Use you:

  1. represent that you are (i) a “qualified institutional buyer” (the “Company”) within the meaning of Rule 144A under the United States Securities Act of 1933, as amended (the “Securities Act”) and (ii) an existing holder of notes issued by HVF III, or a potential investor in such notes;
  2. agree that you will not disclose any information or materials accessible on this site (the “Information”) to any Person without the prior written consent of Hertz, which such consent must be evident in a writing signed by an Authorized Officer of Hertz, other than (a) to the Company, its Affiliates and their officers, directors, employees, agents and advisors (including legal counsel and accountants) (“Representatives”), and then only on a confidential basis and excluding any Affiliate, its officers, directors, employees, agents and advisors (including legal counsel and accountants),  in each case that is a Disqualified Party, (b) as required by a court or administrative order or decree, governmental or regulatory authority or self-regulatory organization or required by any statute, law, rule or regulation or judicial process (including any subpoena or similar legal process), (c) in the course of litigation with HVF, HVF II, HVF III or Hertz, or (d) Information that is or becomes generally available to the public other than by your breach of this agreement;   
  3. agree to use the Information in accordance with your compliance policies, if any, contractual obligations and applicable laws, including United States Federal and state securities laws;
  4. represent that you are not a Disqualified Party;
  5. agree that you will not enable or allow others (other than Representatives) to access the site using your authorization to the site; and
  6. confirm that you understand the following:
    1. access to the Information does not represent an offer, commitment or agreement by HVF, HVF II, HVF III, RCFC, Hertz or any other Person;
    2. the Information is not intended to provide the sole basis for evaluating, and should not be considered a recommendation with respect to, any transaction or other matter; and
    3. neither Hertz nor any other Person has any obligation to update or otherwise revise the Information

For purposes of these Terms and Conditions, the following terms shall have the following meanings:

“Affiliate” means, with respect to any specified Person, another Person that directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the Person specified. For purposes of this definition, “control” means the power to direct the management and policies of a Person, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and “controlled” and “controlling” have meanings correlative to the foregoing.

Authorized Officer” means, as to Hertz or any of its Affiliates, any of (i) the President, (ii) the Chief Financial Officer, (iii) the Treasurer, (iv) any Assistant Treasurer, or (v) any Vice President in the tax, legal or treasury department, in each case of Hertz or such Affiliate, as applicable; provided, that an Authorized Officer of HVF II GP Corp. shall be deemed to be an Authorized Officer of HVF II.

“Disqualified Party” means (i) any Person engaged in the business of renting, leasing, financing or disposing of motor vehicles or equipment operating under the name “Advantage”, “Alamo”, “Amerco”, “AutoNation”, “Avis”, “Budget”, “CarMax”, “Courier Car Rentals”, “Edge Auto Rental”, "Element", “Enterprise”, “EuropCar”, “Fox”, “Midway Fleet Leasing”, “National”, “Payless”, “Red Dog Rental Services”, “Silvercar”,  “Triangle”, “Vanguard”, “ZipCar”, “Angel Aerial”, “Studio Services”; “Sixt”, “Penske”, “Sunbelt Rentals”, “United Rentals”, “ARI”, “LeasePlan”, “PHH”, “U-Haul”, “Virgin” or “Wheels” and (ii) any Affiliate of any of the foregoing.

“Hertz” means The Hertz Corporation, a Delaware corporation.

“HVF” means Hertz Vehicle Financing LLC, a Delaware limited liability company.

“HVF II” means Hertz Vehicle Financing II LP, a Delaware limited partnership.

“HVF III” means Hertz Vehicle Financing III LLC, a Delaware limited liability company.

“Person” means any natural person, corporation, business trust, joint venture, association, company, partnership, limited liability company, joint stock company, corporation, trust, unincorporated organization or Governmental Authority.

“RCFC” means Rental Car Finance Corp., an Oklahoma corporation (for the avoidance of doubt, including its successors by operation of a statutory conversion to a limited liability company).


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