Attached files
file | filename |
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EX-4.2 - HYUNDAI ABS FUNDING LLC | v209270_ex4-2.htm |
EX-1.1 - HYUNDAI ABS FUNDING LLC | v209270_ex1-1.htm |
EX-4.1 - HYUNDAI ABS FUNDING LLC | v209270_ex4-1.htm |
EX-10.3 - HYUNDAI ABS FUNDING LLC | v209270_ex10-3.htm |
EX-10.2 - HYUNDAI ABS FUNDING LLC | v209270_ex10-2.htm |
EX-10.1 - HYUNDAI ABS FUNDING LLC | v209270_ex10-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 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 27,
2011
Hyundai
Auto Receivables Trust 2011-A
(Issuing
Entity)
Hyundai
ABS Funding Corporation
(Depositor)
Hyundai
Capital America
(Sponsor)
________________________________________________________________________
(Exact
name of Issuing Entity, Depositor/Registrant and Sponsor as specified in their
respective charters)
Delaware
|
333-168518
333-168518-01
|
33-0978453
|
||
(State
or Other Jurisdiction of
Incorporation)
|
|
(Commission
File Number for
Registrant
and Issuing Entity,
respectively)
|
|
(Registrant’s
IRS
Employer
Identification
No.)
|
3161
MICHELSON DRIVE, SUITE 1900
IRVINE,
CALIFORNIA
|
92612
|
(Address
of principal executive offices)
|
(Zip
Code)
|
Registrant’s
telephone number, including area code: (714)
594-1579
Not
Applicable
|
(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):
|
¨
|
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
On January 20, 2011, Hyundai ABS
Funding Corporation (“HAFC”), Hyundai Capital America (“HCA”) and RBS Securities
Inc., on behalf of itself and as the representative of the several underwriters
(the “Underwriters”) entered into the Underwriting Agreement, dated as of
January 20, 2011, pursuant to which certain notes in the following
classes: Class A-1, Class A-2, Class A-3,
Class A-4, Class B and Class C (collectively, the “Notes”) with an
aggregate principal balance of $920,780,000, were sold to the
Underwriters. The Notes have been registered pursuant to the
Securities Act of 1933, as amended, under a Registration Statement on Form S-3
(Commission File No. 333-168518).
The Registrant is also filing the
following documents, each of which is dated as of January 27, 2011 (the “Closing
Date”):
1. Receivables Purchase Agreement,
between HAFC and HCA, pursuant to which HCA will transfer to HAFC certain retail
installment sales contracts relating to certain new and used automobiles,
light-duty trucks and minivans (the “Receivables”) and related
property.
2. Amended and Restated Trust
Agreement, by and among HAFC, Wilmington Trust Company and HCA which will amend
and restate the Trust Agreement, dated as of August 26, 2010, pursuant to which
HART 2011-A, a Delaware statutory trust (the “Trust”), was created.
3. Sale and Servicing Agreement, by and
among the Trust, HAFC, as depositor, HCA, as seller and servicer and Citibank,
N.A. (the “Indenture Trustee”), pursuant to which the Receivables and related
property will be transferred to the Trust.
4. Indenture, by and between the Trust
and the Indenture Trustee, pursuant to which the Notes will be
issued.
5. Owner Trust Administration
Agreement, by and among the Trust, HCA, as administrator and the Indenture
Trustee, relating to the provision by HCA of certain services relating to the
Notes.
Attached
as Exhibit 1.1 is the Underwriting Agreement, as Exhibit 4.1 is the Amended
and Restated Trust Agreement, as Exhibit 4.2 is the Indenture, as
Exhibit 10.1 is the Receivables Purchase Agreement, as Exhibit 10.2 is
the Sale and Servicing Agreement, and as Exhibit 10.3 is the Owner Trust
Administration Agreement.
ITEM 9.01
FINANCIAL STATEMENTS AND EXHIBITS
(a) Not
applicable.
(b) Not
applicable.
(c)
Exhibits
The
exhibit number corresponds with Item 601(a) of Regulation S-K.
2
Exhibit
No.
|
Description
|
|
Exhibit 1.1
|
Underwriting
Agreement, dated January 20, 2011, among HAFC, HCA and RBS Securities
Inc., on behalf of itself and as a representative of the several
Underwriters.
|
|
Exhibit
4.1
|
Amended
and Restated Trust Agreement, to be dated as of the Closing Date, by and
between HAFC, as depositor, the Owner Trustee and HCA, as
administrator.
|
|
Exhibit
4.2
|
Indenture,
to be dated as of the Closing Date, by and between the Trust, as issuer,
and the Indenture Trustee.
|
|
Exhibit
10.1
|
Receivables
Purchase Agreement, to be dated as of the Closing Date, by and between
HCA, as seller and HAFC, as depositor.
|
|
Exhibit
10.2
|
Sale
and Servicing Agreement, to be dated as of the Closing Date, by and among
the Trust, as issuer, HAFC, as depositor, HCA, as seller and servicer and
the Indenture Trustee.
|
|
Exhibit
10.3
|
|
Owner
Trust Administration Agreement, to be dated as of the Closing Date, by and
among the Trust, as issuer, HCA, as administrator and the Indenture
Trustee.
|
3
Pursuant
to the requirements of the Securities 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.
HYUNDAI
ABS FUNDING CORPORATION
|
|
By:
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/s/ Min Sok Randy Park
|
Name:
|
Min
Sok Randy Park
|
Title:
|
Vice
President and Secretary
|
Date:
January 27, 2011
4
EXHIBIT
INDEX
Item
601(a) of Regulation S-K
Exhibit
No.
|
Description
|
|
Exhibit 1.1
|
Underwriting
Agreement, dated January 20, 2011, among HAFC, HCA and RBS Securities
Inc., on behalf of itself and as a representative of the several
Underwriters.
|
|
Exhibit
4.1
|
Amended
and Restated Trust Agreement, to be dated as of the Closing Date, by and
between HAFC, as depositor, the Owner Trustee and HCA, as
administrator.
|
|
Exhibit
4.2
|
Indenture,
to be dated as of the Closing Date, by and between the Trust, as issuer,
and the Indenture Trustee.
|
|
Exhibit
10.1
|
Receivables
Purchase Agreement, to be dated as of the Closing Date, by and between
HCA, as seller and HAFC, as depositor.
|
|
Exhibit
10.2
|
Sale
and Servicing Agreement, to be dated as of the Closing Date, by and among
the Trust, as issuer, HAFC, as depositor, HCA, as seller and servicer and
the Indenture Trustee.
|
|
Exhibit
10.3
|
|
Owner
Trust Administration Agreement, to be dated as of the Closing Date, by and
among the Trust, as issuer, HCA, as administrator and the Indenture
Trustee.
|
5