SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): October 30, 2009
CarMax Auto Funding LLC
CarMax Auto Owner Trust 2009-2
CarMax Business Services, LLC
(Exact name of registrant as specified in its charter)
(State or other jurisdiction of
incorporation or organization)
Registrants telephone number, including area code: (804) 935-4512
(Former Name or Former Address, if Changed Since Last Report)
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. below):
On October 30, 2009, CarMax Auto Funding LLC (CarMax Funding) and CarMax Business Services, LLC (CarMax) entered into an Underwriting Agreement with J.P. Morgan Securities Inc., on behalf of itself and as representative of the several underwriters (collectively, the Underwriters), for the issuance and sale of certain asset backed notes of CarMax Auto Owner Trust 2009-2 in the following classes: Class A-1, Class A-2, Class A-3, Class A-4, Class B and Class C (collectively, the Offered Notes). The Offered Notes have an aggregate principal amount of $591,000,000. The Offered Notes have been registered pursuant to the Securities Act of 1933, as amended, under a Registration Statement on Form S-3 (Commission File No. 333-149075). It is expected that the Offered Notes will be issued on or about November 10, 2009.
The Underwriting Agreement is attached as Exhibit 1.1.
The registrant has filed a preliminary prospectus supplement dated October 21, 2009 and a free writing prospectus dated October 30, 2009 setting forth a description of the receivables pool and the structure of $111,000,000 aggregate principal amount of Class A-1 Asset Backed Notes, $149,000,000 aggregate principal amount of Class A-2 Asset Backed Notes, $190,000,000 aggregate principal amount of Class A-3 Asset Backed Notes, $88,500,000 aggregate principal amount of Class A-4 Asset Backed Notes, $42,000,000 aggregate principal amount of Class B Asset Backed Notes and $10,500,000 aggregate principal amount of Class C Asset Backed Notes.
Legal opinions of McGuireWoods LLP are attached as Exhibit 5.1 and Exhibit 8.1.
FINANCIAL STATEMENTS AND EXHIBITS
Pursuant to the requirements of the Securities and Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.