LOAN AND SECURITY AGREEMENT Dated as of July 26, 2019Loan and Security Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower desires that the Lenders extend financing to the Borrower on the terms and conditions set forth herein;
AMENDED AND RESTATED BACKUP SERVICING AGREEMENTBackup Servicing Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
This AMENDED AND RESTATED BACKUP SERVICING AGREEMENT (the “Agreement”), dated as of July 26, 2019, is made among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association as backup servicer (“Wells Fargo” or the “Backup Servicer”), BANK OF MONTREAL, acting through its Chicago Branch, as collateral agent (the “Collateral Agent”), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance” or the “Servicer”), BMO CAPITAL MARKETS CORP., a Delaware corporation (in its capacity as deal agent, the “Deal Agent”), and CAC WAREHOUSE FUNDING LLC IV, a Delaware limited liability company (the “Borrower”).
SALE AND CONTRIBUTION AGREEMENTSale and Contribution Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of July 26, 2019 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”), and CAC WAREHOUSE FUNDING LLC VIII, a Delaware limited liability company (“Funding”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated July 26, 2019, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VII (“Warehouse Funding VII”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2019-1 (“Funding 2019-1”), Credit Acceptance Funding LLC 2018-3 (“Funding 2018-3”), Credit Acceptance Funding LLC 2018-2 (“Funding 2018-2”), Credit Acceptance Funding LLC 2018-1 (“Funding 2018-1”), Credit Acceptance Funding LLC 2017-3 (“Funding 2017-3”), Credit Acceptance Funding LLC 2017-2 (“Funding 2017-2”), Credit Acceptance Funding LLC 2017-1 (“Funding 2017-1”), Credit Acceptance Funding LLC 2016-3 (“Funding 2016-3”), Credit Acceptance Funding LLC 2016-2 (“Funding 2016-2”, and eac
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
This FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of July 26, 2019 (this “Amendment”), is made pursuant to that certain Amended and Restated Loan and Security Agreement dated as of May 10, 2018 (as amended, modified or supplemented from time to time, the “Agreement”), among CAC Warehouse Funding LLC IV, a Delaware limited liability company (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance”, the “Originator”, the “Servicer” or the “Custodian”), Bank of Montreal, as lender (the “Lender”), Citizens Bank, N.A., as lender (the “Exiting Lender”), BMO Capital Markets Corp., a Delaware corporation (“BMO Capital Markets”), as deal agent (the “Deal Agent”), Bank of Montreal (the “Collateral Agent”), and Wells Fargo Bank, National Association, a national banking association, as backup servicer (the “Backup Servicer”).
