SALE AND SERVICING AGREEMENT among MERRILL AUTO TRUST SECURITIZATION 2008-1, as Issuer, as Depositor, and as Master Servicer Dated as of June 30, 2008Sale and Servicing Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT, dated as of June 30, 2008 (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”), among MERRILL AUTO TRUST SECURITIZATION 2008-1 (the “Issuer”), a Delaware statutory trust, ML ASSET BACKED CORPORATION, a Delaware corporation (the “Depositor”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as master servicer (in such capacity, the “Master Servicer”).
Depositor) Merrill Auto Trust Securitization 2008-1 TERMS AGREEMENTTerms Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities
Terms of Sale: The purchase price payable by the Underwriters for the Offered Securities is $342,209,124.78 plus accrued interest, if any, at the related Interest Rate from the date of initial issuance.
ADMINISTRATION AGREEMENTAdministration Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • New York
This ADMINISTRATION AGREEMENT, dated as of June 30, 2008 (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”), is by and among MERRILL AUTO TRUST SECURITIZATION 2008-1, a Delaware statutory trust (the “Issuer”), MERRILL LYNCH BANK USA, a Utah industrial bank, as administrator (in such capacity, the “Administrator”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as master servicer (the “Master Servicer”), and CITIBANK, N.A., a national banking association, not in its individual capacity but solely as Indenture Trustee (in such capacity, the “Indenture Trustee”).
AMENDED AND RESTATED TRUST AGREEMENT between ML ASSET BACKED CORPORATION, as Depositor and U.S. BANK TRUST NATIONAL ASSOCIATION, as Owner Trustee Dated as of June 30, 2008Trust Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 30, 2008, is between ML ASSET BACKED CORPORATION, a Delaware corporation, as depositor (the “Depositor”) and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking corporation, as owner trustee (the “Owner Trustee”).
SERVICING AGREEMENT among CENTERONE FINANCIAL SERVICES LLC as Servicer U.S. BANK NATIONAL ASSOCIATION as Master Servicer and MERRILL LYNCH BANK USA, as Administrator Dated as of June 30, 2008Servicing Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • New York
This SERVICING AGREEMENT (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”), is made as of June 30, 2008 among CENTERONE FINANCIAL SERVICES LLC, a Delaware limited liability company, as servicer (the “Servicer”), and as custodian (in such capacity, the “Custodian”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as master servicer (in such capacity, the “Master Servicer”) and MERRILL LYNCH BANK USA, a Utah industrial loan bank, as administrator (the “Administrator”).
RECEIVABLES PURCHASE AGREEMENT between MERRILL LYNCH BANK USA, as Seller and ML ASSET BACKED CORPORATION, as Purchaser Dated as of June 30, 2008Receivables Purchase Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • New York
This RECEIVABLES PURCHASE AGREEMENT (this “Agreement”), dated as of June 30, 2008, between MERRILL LYNCH BANK USA, a Utah industrial bank, (the “Seller”), and ML ASSET BACKED CORPORATION, a Delaware corporation (the “Purchaser”).
Asset-Backed Notes Depositor UNDERWRITING AGREEMENTUnderwriting Agreement • August 14th, 2008 • Merrill Auto Trust Securitization 2008-1 • Asset-backed securities • New York
Each offering of Offered Securities will be made through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and other underwriters (collectively, the “Underwriters”) for whom Merrill Lynch is acting as representative (the “Representative”). Whenever the Depositor determines to form a Trust and to make an offering of Offered Securities, it will enter into an agreement (each, a “Terms Agreement”) providing for the sale of such Offered Securities to, and the purchase and offering thereof by, the Underwriters who execute the Terms Agreement, or have authorized the Representative to enter into such Terms Agreement on their behalf, and agree thereby to become obligated to purchase such Offered Securities from the Depositor. Such Terms Agreement shall specify, among other things, principal balance, notional amount or stated principal balance of each related class or subclass to be issued and their terms not otherwise specified in the Sale and Servicing Agreement, the price a
