AMENDED AND RESTATED TRUST AGREEMENT between EFCAR, LLC Seller and [OWNER TRUSTEE] Owner Trustee Dated as of , 20Trust Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and [OWNER TRUSTEE], a [entity type], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of , 20 between the Seller and the Owner Trustee.
FORM OF AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] Seller and [OWNER TRUSTEE] Owner Trustee Dated as of [_____], 20[__]Trust Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE], a [_______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__] (the “Initial Trust Agreement”), between [EFCAR, LLC], as depositor (the “Initial Depositor”) and the Owner Trustee.
FORM OF CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 20[__]-[__] Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] Transferor Dated as of [_____], 20[__]Contribution Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of [_____], 20[__], is executed between Exeter Holdings Trust 20[__]-[__], a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 20[__]-[__], a Delaware statutory trust, as Transferor (“Transferor”).
FORM OF AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and [OWNER TRUSTEE] Owner Trustee Dated as of [_____], 20[__]Trust Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and [OWNER TRUSTEE], a [______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__], between the Seller and the Owner Trustee.
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE CORP. Seller Dated as of , 20Purchase Agreement • December 8th, 2016 • Efcar, LLC • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of , 20 , executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance Corp., a Texas corporation, as Seller (“Seller”).
EXETER AUTOMOBILE RECEIVABLES TRUST 20[_]-[_] Class A-1 [_]% Asset Backed Notes Class A-2[-A] [_]% Asset Backed Notes [Class A-2-B Floating Rate Asset Backed Notes] Class A-3 [_]% Asset Backed Notes Class B [_]% Asset Backed Notes Class C [_]% Asset...Efcar, LLC • December 12th, 2022 • Asset-backed securities • New York
Exeter Finance LLC, a limited liability company organized and existing under the laws of Delaware (the “Sponsor”), and EFCAR, LLC, a limited liability company organized and existing under the laws of Delaware (the “Seller”) (the Sponsor and the Seller, collectively, the “Companies”), agree with you as follows:
FORM OF CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and [INDENTURE TRUSTEE] as Indenture Trustee Dated as of [_____], 20[__]Form of Custodian Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of [_____], 20[__], is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 20[__]-[__] (the “Issuer”), and is among EXETER FINANCE LLC, as custodian (in such capacity, the “Custodian”), EXETER FINANCE LLC, as servicer (in such capacity, the “Servicer”), and [INDENTURE TRUSTEE], a [______], as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)Deposit Account Control Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20[__]-[__], a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of [_____], 20[__], and [Lockbox Bank] (“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of sep
FORM OF SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 20[__]-[__], Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], Issuer and [INDENTURE TRUSTEE][AND BACKUP SERVICER],...Sale and Servicing Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of [Date], among EXETER HOLDINGS TRUST 20[__]-[__], a Delaware statutory trust (the “Holding Trust”), EFCAR, LLC, a Delaware limited liability company (the “Seller”), EXETER FINANCE LLC, a Delaware limited liability company (the “Servicer”), EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware statutory trust (“Issuer”), and [INDENTURE TRUSTEE][AND BACKUP SERVICER], a [______], in its capacity as Indenture Trustee [and as Backup Servicer].
SALE AND SERVICING AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , Issuer, EFCAR, LLC, Seller, EXETER FINANCE CORP., Servicer, and [INDENTURE TRUSTEE [AND BACKUP SERVICER]], Indenture Trustee [and Backup Servicer] Dated as of , 20Sale and Servicing • December 8th, 2016 • Efcar, LLC • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of , 20 , among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , a Delaware statutory trust (the “Issuer”), EFCAR, LLC, a Delaware limited liability company (the “Seller”), EXETER FINANCE CORP., a Texas corporation (the “Servicer”), and [INDENTURE TRUSTEE [AND BACKUP SERVICER]], [entity type], as [Backup Servicer and] Indenture Trustee.
ISDA®2002 Master Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
FORM OF INTERCREDITOR AGREEMENTForm of Intercreditor Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
This INTERCREDITOR AGREEMENT, dated as of [___], 20[_] (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among (i) EXETER FINANCE LLC (“Exeter”), as servicer (the “Servicer”), (ii) [___], as intercreditor agent (in such capacity, the “Intercreditor Agent”), and (iii) each Other Party that becomes a party hereto from time to time pursuant to an Accession Agreement.
CUSTODIAN AGREEMENT among [CUSTODIAN], as Custodian, EXETER FINANCE CORP., as Servicer, and [INDENTURE TRUSTEE], as Indenture Trustee Dated as of , 20Custodian Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of , 20 , is made with respect to the issuance of Notes and a Certificate by Exeter Automobile Receivables Trust 20 - (the “Issuer”), and is among [CUSTODIAN], as custodian (in such capacity, the “Custodian”), EXETER FINANCE CORP., as servicer (in such capacity, the “Servicer”), and [INDENTURE TRUSTEE], a , as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and [INDENTURE TRUSTEE] as Indenture Trustee Dated as of [_____], 20[__]Custodian Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of [_____], 20[__], is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 20[__]-[__] (the “Issuer”), and is among EXETER FINANCE LLC, as custodian (in such capacity, the “Custodian”), EXETER FINANCE LLC, as servicer (in such capacity, the “Servicer”), and [INDENTURE TRUSTEE], a [______], as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and [SELLER] Seller Dated as of [Date]Sale Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York
THIS SALE AGREEMENT, dated as of [Date], executed among EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”), [Seller], a [______], as Seller (“Seller”) and Exeter Finance LLC, a Delaware limited liability company, as Representation Provider (“Representation Provider”).
CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 20[__]-[__] Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] Transferor Dated as of [_____], 20[__]Contribution Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of [_____], 20[__], is executed between Exeter Holdings Trust 20[__]-[__], a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 20[__]-[__], a Delaware statutory trust, as Transferor (“Transferor”).
DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)Deposit Account Control Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20 - , a Delaware statutory trust (“Company”), Exeter Finance Corp., a Texas corporation (“Servicer”), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of , 20 , and [Lockbox Bank] (“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts present
FORM OF PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of [Date]Purchase Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of [Date], executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
LIMITED LIABILITY COMPANY AGREEMENT of EFCAR, LLC (a Delaware Limited Liability Company) by EXETER FINANCE CORP., as Member dated as of February 27, 2012Limited Liability Company Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT, (the “Agreement”) of EFCAR, LLC, a Delaware limited liability company (the “Company”) is made and entered into to be effective for all purposes as of February 27, 2012, by Exeter Finance Corp., as the sole member of the Company (the “Member”) and the Board of Managers.
EXETER AUTOMOBILE RECEIVABLES TRUST 20[_]-[_] Class A-1 [_]% Asset Backed Notes Class A-2[-A] [_]% Asset Backed Notes [Class A-2-B Floating Rate Asset Backed Notes] Class A-3 [_]% Asset Backed Notes Class B [_]% Asset Backed Notes Class C [_]% Asset...Underwriting Agreement • November 15th, 2019 • Efcar, LLC • Asset-backed securities • New York
Exeter Finance LLC, a limited liability company organized and existing under the laws of Delaware (the “Sponsor”), and EFCAR, LLC, a limited liability company organized and existing under the laws of Delaware (the “Seller”) (the Sponsor and the Seller, collectively, the “Companies”), agree with you as follows:
ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , Issuer EXETER FINANCE CORP., Servicer and Asset Representations Reviewer Dated as of , 20Asset Representations Review Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • New York
ASSET REPRESENTATIONS REVIEW AGREEMENT dated as of , 20 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , a Delaware statutory trust (the “Issuer”), EXETER FINANCE CORP., a Delaware corporation (“Exeter”), in its capacity as Servicer (in such capacity, the “Servicer”) and [ASSET REPRESENTATIONS REVIEWER], [entity type], as Asset Representations Reviewer (the “Asset Representations Reviewer”).
TRUST AGREEMENT OF EXETER AUTOMOBILE RECEIVABLES TRUST 20 -Trust Agreement • December 2nd, 2016 • Efcar, LLC • Asset-backed securities • Delaware
TRUST AGREEMENT, dated as of , 20 (this “Trust Agreement”), between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Depositor”), and [Owner Trustee], a with trust powers, which is acting hereunder not in its individual capacity but solely as owner trustee (the “Owner Trustee”). The Depositor and the Owner Trustee hereby agree as follows:
FORM OF ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], Issuer, EXETER FINANCE LLC, Servicer, and [___________], Asset Representations Reviewer Dated as of [_____], 20[__]Review Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
This ASSET REPRESENTATIONS REVIEW AGREEMENT is made and entered into as of [_____], 20[__] (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware statutory trust (the “Issuer”), EXETER FINANCE LLC, a Delaware limited liability company (“Exeter”), in its capacity as servicer (in such capacity, the “Servicer”) and [ASSET REPRESENTATIONS REVIEWER], a [entity type], as Asset Representations Reviewer (the “Asset Representations Reviewer”).
AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and [OWNER TRUSTEE] Owner Trustee Dated as of [_____], 20[__]Trust Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and [OWNER TRUSTEE], a [______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__], between the Seller and the Owner Trustee.
FORM OF SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and [SELLER] Seller Dated as of [Date]Sale Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
THIS SALE AGREEMENT, dated as of [Date], executed among EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”), [Seller], a [______], as Seller (“Seller”) and Exeter Finance LLC, a Delaware limited liability company, as Representation Provider (“Representation Provider”).
ASSET REPRESENTATIONS REVIEW AGREEMENT among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , Issuer EXETER FINANCE CORP., Servicer and Asset Representations Reviewer Dated as of , 20Asset Representations Review Agreement • August 30th, 2016 • Efcar, LLC • Asset-backed securities • New York
ASSET REPRESENTATIONS REVIEW AGREEMENT dated as of , 20 (this “Agreement”), among EXETER AUTOMOBILE RECEIVABLES TRUST 20 - , a Delaware statutory trust (the “Issuer”), EXETER FINANCE CORP., a Delaware corporation (“Exeter”), in its capacity as Servicer (in such capacity, the “Servicer”) and [ASSET REPRESENTATIONS REVIEWER], [entity type], as Asset Representations Reviewer (the “Asset Representations Reviewer”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of [Date]Purchase Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of [Date], executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
FORM OF DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)Deposit Account Control Agreement • December 12th, 2022 • Efcar, LLC • Asset-backed securities • New York
This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Finance LLC, a Delaware limited liability company (“Company”), [___], a [___], as intercreditor agent (in such capacity, “Secured Party”) and [___](“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of separately listing subaccount numbers, all subaccounts presently existing or hereafter established for deposit reporting purposes and integrated with the Collateral Account by an arrangement in which deposits ma
