Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents Documents, By: Computershare Trust Company, N.A., as its attorney-in-fact and the Collateral Agent under the Credit Suisse Warehouse Documents agent /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] COMPUTERSHARE TRUST COMPANY, N.A., not in its individual capacity but solely as the 2022-1 Trustee /s/ Xxxxx Xxxxxxx By: Xxxxx Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and Collateral Agent Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender and Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President Relationship Manager [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 00002017-0 /x/ 2 [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2016-3 Trustee, the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxxxxx Title: Senior Associate, Officer Bank of Montreal, Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx Xxxxxxx By: Xxxxxxx Xxxxx Xxxxxxx Title: Senior Vice President VP - Sr. Portfolio Manager [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxx Xxxxxx Xxxx By: Xxxx Xxxxxx Xxxx Title: Vice President Managing Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172016-2 3 Indenture: the Indenture, dated as of June 29October 27, 20172016, between the 20172016-2 3 Trustee and the 20172016-2 3 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182019-3 2 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx Xxxxxxx X. Xxxxxxx Puttin By: Xxxxx Xxxxxxx X. Xxxxxxx Puttin Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx Title: Senior Associate, Officer Managing Director [A&R Intercreditor Agreement] Bank of Montreal, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC VIII [A&R Intercreditor Agreement] 2023-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182021-3 4 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx X. Xxxxxxx By: Xxxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx Xxxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192020-2 Trustee, the 2020-3 Trustee, the 2020-1 Trustee, the 20202021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee and the Collateral Agent under the Xxxxx Fargo Warehouse Documents By: Computershare Trust Company, N.A., as its attorney-in-fact and the Collateral Agent under the Credit Suisse Warehouse Documents agent /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President COMPUTERSHARE TRUST COMPANY, N.A., not in its individual capacity but solely as the 2022-1 Trustee, the 2022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee and the 2023-3 Trustee /s/ Xxxxx Xxxxxxx By: Xxxxx Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the Fifth Third Warehouse Documents /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: AVP BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Assistant Vice President FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] SVP CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] Director APPENDIX A DEFINITIONS 20172019-2 IndentureFinancing Documents: the IndentureThe Loan and Security Agreement, dated as of June 29August 28, 20172019, between the 2017among Funding 2019-2 Trustee 2, CAC, and Xxxxx Fargo Bank, National Association, and the 2017-2 Trustdocuments related thereto, as amended from time to time.
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Principal [A&R Intercreditor Agreement] Bank of Montreal, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2023-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182021-3 2 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents Documents, By: Computershare Trust Company, N.A., as its attorney-in-fact and the Collateral Agent under the Credit Suisse Warehouse Documents agent /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] COMPUTERSHARE TRUST COMPANY, N.A., not in its individual capacity but solely as the 2022-1 Trustee, the 2022-3 Trustee and the 2023-1 Trustee /s/ Xxxxx Xxxxxxx By: Xxxxx Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and Collateral Agent Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2022-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182021-3 1 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely As Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely not in its individual capacity but solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents Documents, By: Computershare Trust Company, N.A., as its attorney-in-fact and the Collateral Agent under the Credit Suisse Warehouse Documents agent /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] COMPUTERSHARE TRUST COMPANY, N.A., not in its individual capacity but solely as the 2022-1 Trustee and the 2022-3 Trustee /s/ Xxxxx Xxxxxxx By: Xxxxx Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and Collateral Agent Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC VIII [A&R Intercreditor Agreement] 2023-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182021-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002020-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192020-2 Trustee, the 2020-3 Trustee, the 20202021-1 2 Trustee, the 20202021-2 3 Trustee, the 2021-4 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents Documents, By: Computershare Trust Company, N.A., as its attorney-in-fact and the Collateral Agent under the Credit Suisse Warehouse Documents agent /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President COMPUTERSHARE TRUST COMPANY, N.A., not in its individual capacity but solely as the 2022-1 Trustee, the 2022-3 Trustee, the 2023-1 Trustee and the 2023-2 Trustee /s/ Xxxxx Xxxxxxx By: Xxxxx Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior AssociateVice President BANK OF MONTREAL, Officer Bank of Montrealas Lender, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Assistant Vice President FLAGSTAR BANK, NATIONAL ASSOCIATION, as Lender and Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Vice President FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] Director APPENDIX A DEFINITIONS 20172019-2 IndentureFinancing Documents: the IndentureThe Loan and Security Agreement, dated as of June 29August 28, 20172019, between the 2017among Funding 2019-2 Trustee 2, CAC, and Xxxxx Fargo Bank, National Association, and the 2017-2 Trustdocuments related thereto, as amended from time to time.
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Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx Xxxxxxxxxx By: Xxxxx X. Xxxxxxx Xxxxxxxxxx Title: Vice President Corporate Trust Officer [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior Associate, Officer Bank of MontrealVice President [A&R Intercreditor Agreement] BANK OF MONTREAL, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ /s/Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President Relationship Manager [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172018-2 3 Indenture: the The Indenture, dated as of June 29August 23, 20172018, between the 20172018-2 3 Trustee and the 20172018-2 3 Trust, as amended from time to time.
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee [A&R Intercreditor Agreement] /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx Title: Senior Associate, Officer Bank of Montreal, Managing Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President SVP [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx Xxxxxxx Xxxxxxxxxxxx By: Xxxxxx Xxxx Xxxxxxx Xxxxxxxxxxxx Title: Vice President Managing Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 1 Indenture: the Indenture, dated as of June 29February 23, 2017, between the 2017-2 1 Trustee and the 2017-2 1 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2024-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002024-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 5 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182023-3 1 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 20202024-1 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2024-A By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-5 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 ByPresident: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN COMPUTERSHARE TRUST 2018-3 By: U.S. Bank Trust National AssociationCOMPANY, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National AssociationN.A., Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192021-2 Trustee, the 2021-3 Trustee, the 20202021-4 Trustee, the 2022-1 Trustee, the 20202022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee, the 2023-3 Trustee, the 2023-A Collateral Agent, the 2023-5 Trustee, the 2024-A Trustee, the 2024-1 Trustee and the WF Warehouse Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the Fifth Third Warehouse Documents /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx Xxxxxxxx By: Xxxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
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Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the 2021-2 Trustee, the 2021-3 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxxxxx Title: Senior Associate, Officer Bank of MontrealDirector [A&R Intercreditor Agreement] BANK OF MONTREAL, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172018-2 1 Indenture: the The Indenture, dated as of June 29February 22, 20172018, between the 20172018-2 1 Trustee and the 20172018-2 1 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2023-A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182022-3 1 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 20202023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN COMPUTERSHARE TRUST 2018-3 By: U.S. Bank Trust National AssociationCOMPANY, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National AssociationN.A., Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192020-3 Trustee, the 20202021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the 2022-1 Trustee, the 20202022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee, the 2023-3 Trustee, the 2023-A Collateral Agent under the Xxxxx Fargo Warehouse Documents and the WF Warehouse Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the Fifth Third Warehouse Documents /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2023-5 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182022-3 2 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2020-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 20202023-5 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN COMPUTERSHARE TRUST 2018-3 By: U.S. Bank Trust National AssociationCOMPANY, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National AssociationN.A., Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192020-3 Trustee, the 20202021-2 Trustee, the 2021-3 Trustee, the 2021-4 Trustee, the 2022-1 Trustee, the 20202022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee, the 2023-3 Trustee, the 2023-A Collateral Agent, the 2023-5 Trustee and the WF Warehouse Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent /s/ Xxxxxx Xxxxxxxxx By: Xxxxxx Xxxxxxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the Fifth Third Warehouse Documents /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Director [A&R Intercreditor Agreement] CITIZENS BANK, N.A., as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2016-2 Trustee, the 2016-3 Trustee, the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx Xxxxxxx X. Xxxxxxx Puttin By: Xxxxx Xxxxxxx X. Xxxxxxx Puttin Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxxxxx Title: Senior Associate, Officer Bank of Montreal, Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxx X. Xxxxxxx Xxxxx By: Xxxxxx X. Xxxxxxx Xxxxx Title: Senior Executive Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172016-2 Indenture: the Indenture, dated as of June 29May 12, 20172016, between the 20172016-2 Trustee and the 20172016-2 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2016-3 Trustee, the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx Xxxxxxx X. Xxxxxxx Puttin By: Xxxxx Xxxxxxx X. Xxxxxxx Puttin Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxxxxx Title: Senior Associate, Officer Bank of Montreal, Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Xxxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.]
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or of the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE CREDIT ACCEPTANCE FUNDING LLC VIII 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2015-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2015-2 Trustee, the 2016-1 Trustee, the 2016-2 Collateral Agent, the 2016-3 Trustee, the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx Title: Senior Associate, Officer Bank of Montreal, Managing Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxx X. Xxxxxxx Xxxxx By: Xxxxx X. Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: First Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172015-2 Indenture: the Indenture, dated as of June 29August 20, 20172015, between the 20172015-2 Trustee and the 20172015-2 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administrator, or of the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer Senior Vice President and Treasurer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE CREDIT ACCEPTANCE FUNDING LLC VIII 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] /s/ CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 20180000-3 /s/ 0 /x/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 00002016-0 /x/ 2 [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2016-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2016-1 Collateral Agent, the 2016-2 Trustee, the 2016-3 Trustee, the 2017-1 Trustee, the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Assistant Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxxxxx Title: Senior Associate, Officer Bank of Montreal, Director [A&R Intercreditor Agreement] BANK OF MONTREAL As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director [A&R Intercreditor Agreement] COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 20172016-2 Indenture1 Securitization Documents: the IndentureLoan and Security Agreement, dated as of June 29February 26, 20172016, between the 2017among Funding 2016-2 Trustee 1, CAC, Xxxxx Fargo Bank, National Association, Bank of Montreal and the 2017-2 Trustother parties from time to time party thereto, and the documents related thereto, as amended from time to time.
Appears in 1 contract
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank Trust National Association, not individually or personally but solely in its capacity as trustee on behalf of each of the Trusts (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is made and intended not as personal representations, warranties, undertakings and agreements by U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) U.S. Bank Trust National Association, individually and as Owner Trustee, has made no investigation as to the accuracy or completeness of any representations or warranties made by the Trusts in this Agreement and (v) under no circumstances shall U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CAC WAREHOUSE FUNDING LLC VIII [A&R Intercreditor Agreement] /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 2018-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 2018-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 2019-3 Trustee, the 2020-1 Trustee, the 2020-2 Trustee, the 2020-3 Trustee, the Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and Collateral Agent /s/ Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx By: Xxxxxx Xxxxxxxxx Xxxxx Xxxxxxx Title: Senior Associate, Officer Managing Director [A&R Intercreditor Agreement] Bank of Montreal, As Lender and Collateral Agent [A&R Intercreditor Agreement] /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Director COMERICA BANK, As Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President FLAGSTAR BANK, FSB, As Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the The Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.
Appears in 1 contract
Samples: Amended and Restated Intercreditor Agreement (Credit Acceptance Corp)
Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC VIII [A&R Intercreditor Agreement] 2024-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002024-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002024-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 5 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182023-3 2 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer [A&R Intercreditor Agreement] Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2022-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE AUTO LOAN TRUST 20202024-2 By: U.S. Bank Computershare Delaware Trust National AssociationCompany, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx Xxxxx X. Xxxxxxx XxXxxx By: Xxxxxx Xxxxx X. Xxxxxxx XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 20202024-1 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2024-A By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-5 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxxxx X. XxXxxx By: Xxxxx X. XxXxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 20192022-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 20192022-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN TRUST 20182021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN COMPUTERSHARE TRUST 2018-2 By: U.S. Bank Trust National AssociationCOMPANY, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National AssociationN.A., Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192021-3 Trustee, the 20202021-4 Trustee, the 2022-1 Trustee, the 20202022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee, the 2023-3 Trustee, the 2023-A Collateral Agent, the 2023-5 Trustee, the 2024-A Trustee, the 2024-1 Trustee, the 2024-2 Trustee and the WF Warehouse Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior AssociateVice President BANK OF MONTREAL, Officer Bank of Montrealas Lender, As Lender and as Collateral Agent [A&R Intercreditor Agreement] under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx Xxxxxxxx By: Xxxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
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Concerning the Owner Trustees. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by each of Computershare Delaware Trust Company and U.S. Bank Trust National Association, not individually or personally but Association solely in its capacity as trustee on behalf of each of the Trusts its respective Trust and not individually or personally (in such capacity, the “Owner Trustee”), at the direction of, as applicable, CAC, as Administratoradministrator, or the relevant Funding entity, each as certificateholder, pursuant to and in the exercise of the powers and authority conferred and vested in it under the Trust Agreement of the respective Trust, (ii) each of the representations, warranties, undertakings and agreements herein made on the part of each Trust is not made and or intended not as personal representations, warranties, undertakings and agreements by of Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee but is made and intended for the purpose of binding, and is binding only on, the applicable Trust, (iii) nothing herein contained shall be construed as creating any obligation or liability on Computershare Delaware Trust Company or U.S. Bank Trust National Association, individually or personally or as Owner Trustee, to perform any covenant either expressed or implied contained herein, all such obligation or liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) neither Computershare Delaware Trust Company nor U.S. Bank Trust National Association, individually and or as Owner Trustee, has made no any investigation as to the accuracy or completeness of any representations or warranties made by the Trusts its respective Trust(s) in this Agreement and (v) under no circumstances shall Computershare Delaware Trust Company, U.S. Bank Trust National Association or the Owner Trustee be personally liable for the payment of any indebtedness, indemnities or expenses of the Trusts its respective Trust(s) or be liable for the performance, breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trusts its respective Trust(s) under this Agreement, or any other related documents, as to all of which recourse shall be had solely to the assets of the applicable Trusts. This Amended and Restated Intercreditor Agreement has been executed and delivered by the parties hereto as of the date first above written. CREDIT ACCEPTANCE CORPORATION /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CAC WAREHOUSE FUNDING CORPORATION LLC II /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC IV /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC V /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VI /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CAC WAREHOUSE FUNDING LLC VII VIII /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer CAC WAREHOUSE FUNDING LLC VIII Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 2024-A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 5 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ A /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002023-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 20182022-3 /s/ Xxxxxxx X. Xxxx [A&R Intercreditor Agreement] By: Xxxxxxx X. Xxxx Title: Treasurer CREDIT ACCEPTANCE FUNDING LLC 0000-0 /x/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE FUNDING LLC 00002022-0 /x/ 1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 00002021-0 /x/ 4 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Treasurer Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-3 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2021-1 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer CREDIT ACCEPTANCE FUNDING LLC 2019-2 /s/ Xxxxxxx X. Xxxx By: Xxxxxxx X. Xxxx Title: Chief Treasury Officer [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 20202024-A By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-5 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-3 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-2 By: Computershare Delaware Trust Company, not in its individual capacity but solely as Owner Trustee /s/ Xxx X. Xxxxxx By: Xxx X. Xxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2023-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2022-1 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-4 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President [A&R Intercreditor Agreement] CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-3 By: U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee /s/ Xxxxxxx Xxxxxxxxx By: Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2021-2 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As not in its individual capacity but solely as Owner Trustee /s/ Xxxxxx X. Xxxxxxx Xxxxxxxxx By: Xxxxxx X. Xxxxxxx Xxxxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2020-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2019-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO [A&R Intercreditor Agreement] LOAN COMPUTERSHARE TRUST 2018-3 By: U.S. Bank Trust National AssociationCOMPANY, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-2 By: U.S. Bank Trust National AssociationN.A., Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2018-1 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-3 By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President CREDIT ACCEPTANCE AUTO LOAN TRUST 2017-2 [A&R Intercreditor Agreement] By: U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee /s/ Xxxxxx X. Xxxxxxx By: Xxxxxx X. Xxxxxxx Title: Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, Not In Its Individual Capacity But Solely not in its individual capacity but solely as the 2017-2 Trustee, the 2017-3 Trustee, the 2018-1 Trustee, the 2018-2 Trustee, the 2018-3 Trustee, the 2019-1 Trustee, the 2019-2 Collateral Agent, the 20192021-2 Trustee, the 2021-3 Trustee, the 20202021-4 Trustee, the 2022-1 Trustee, the 20202022-3 Trustee, the 2023-1 Trustee, the 2023-2 Trustee, the 2023-3 Trustee, the 2023-A Collateral Agent, the 2023-5 Trustee, the 2024-A Trustee and the WF Warehouse Collateral Agent under the Xxxxx Fargo Warehouse Documents and the Collateral Agent under the Credit Suisse Warehouse Documents /s/ Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Title: Vice President [A&R Intercreditor Agreement] FIFTH THIRD BANK, NATIONAL ASSOCIATION, As Lender and as Lender, as the 2021-1 Collateral Agent and as Collateral Agent under the Fifth Third Warehouse Documents /s/ Xxxxxx Xxxxxxxxx X. Xxxxx By: Xxxxxx Xxxxxxxxx X. Xxxxx Title: Senior Associate, Officer Bank of Montreal, As Lender and Collateral Agent Vice President [A&R Intercreditor Agreement] BANK OF MONTREAL, as Lender, as Collateral Agent under the BMO Warehouse Documents and as the 2022-2 Collateral Agent /s/ Xxxxx Xxxxx By: Xxxxx Xxxxx Title: Managing Director [A&R Intercreditor Agreement] COMERICA BANK, As as Agent /s/ Xxxx X. Xxxxx By: Xxxx X. Xxxxx Title: Vice President [A&R Intercreditor Agreement] FLAGSTAR BANK, FSBNATIONAL ASSOCIATION, As as Lender and Collateral Agent /s/ Xxxxxxx Xxxxx By: Xxxxxxx Xxxxx Title: Senior Vice President [A&R Intercreditor Agreement] CITIZENS BANK, N.A., As as Lender and Collateral Agent /s/ Xxxxxx Xxxx By: Xxxxxx Xxxx Title: Vice President Director [A&R Intercreditor Agreement] APPENDIX A DEFINITIONS 2017-2 Indenture: the Indenture, dated as of June 29, 2017, between the 2017-2 Trustee and the 2017-2 Trust, as amended from time to time.DEFINITIONS
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