0001193125-23-256086 Sample Contracts

SALE AND SERVICING AGREEMENT by and among SANTANDER DRIVE AUTO RECEIVABLES TRUST 2023-5, as Issuer SANTANDER DRIVE AUTO RECEIVABLES LLC, as Seller SANTANDER CONSUMER USA INC., as Servicer and CITIBANK, N.A., as Indenture Trustee Dated as of October...
Sale and Servicing Agreement • October 13th, 2023 • Santander Drive Auto Receivables Trust 2023-5 • Asset-backed securities

THIS SALE AND SERVICING AGREEMENT, dated as of October 18, 2023 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”), is by and among SANTANDER DRIVE AUTO RECEIVABLES TRUST 2023-5, a Delaware statutory trust (the “Issuer”), SANTANDER DRIVE AUTO RECEIVABLES LLC, a Delaware limited liability company, as seller (the “Seller”), SANTANDER CONSUMER USA INC., an Illinois corporation (“Santander Consumer”), as servicer (in such capacity, the “Servicer”), and CITIBANK, N.A., a national banking association, as indenture trustee (the “Indenture Trustee”).

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ADMINISTRATION AGREEMENT between SANTANDER DRIVE AUTO RECEIVABLES TRUST 2023-5, as Issuer, SANTANDER CONSUMER USA INC., as Administrator and CITIBANK, N.A., as Indenture Trustee Dated as of October 18, 2023
Administration Agreement • October 13th, 2023 • Santander Drive Auto Receivables Trust 2023-5 • Asset-backed securities • New York

THIS ADMINISTRATION AGREEMENT (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”) dated as of October 18, 2023, is between SANTANDER DRIVE AUTO RECEIVABLES TRUST 2023-5, a Delaware statutory trust (the “Issuer”), SANTANDER CONSUMER USA INC., an Illinois corporation, as administrator (“Santander Consumer” or the “Administrator”), and CITIBANK, N.A., a national banking association, as indenture trustee (the “Indenture Trustee”). Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned such terms in Appendix A to the Sale and Servicing Agreement dated as of the date hereof (the “Sale and Servicing Agreement”) by and between Santander Drive Auto Receivables LLC, as seller, the Issuer, the Administrator, as servicer, and the Indenture Trustee.

SANTANDER DRIVE AUTO RECEIVABLES TRUST 2023-5 AMENDED AND RESTATED TRUST AGREEMENT between SANTANDER DRIVE AUTO RECEIVABLES LLC, as the Depositor and WILMINGTON TRUST, NATIONAL ASSOCIATION, as the Owner Trustee Dated as of October 18, 2023
Trust Agreement • October 13th, 2023 • Santander Drive Auto Receivables Trust 2023-5 • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT is made as of October 18, 2023 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement” or this “Trust Agreement”) between SANTANDER DRIVE AUTO RECEIVABLES LLC, a Delaware limited liability company, as the Depositor (the “Depositor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as the owner trustee (“Wilmington Trust” and in such capacity the “Owner Trustee”).

PURCHASE AGREEMENT dated as of October 18, 2023 between SANTANDER CONSUMER USA INC., as Seller and SANTANDER DRIVE AUTO RECEIVABLES LLC, as Purchaser
Purchase Agreement • October 13th, 2023 • Santander Drive Auto Receivables Trust 2023-5 • Asset-backed securities

THIS PURCHASE AGREEMENT is made and entered into as of October 18, 2023 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”) by SANTANDER CONSUMER USA INC., an Illinois corporation (“Santander Consumer”), and SANTANDER DRIVE AUTO RECEIVABLES LLC, a Delaware limited liability company (the “Purchaser”).

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