Common use of Voting Rights and Other Actions Clause in Contracts

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 SECTION 6.8. Payments from Owner Trust Estate 23 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 SECTION 8.1. Termination of Trust Agreement 25 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE], a [entity type], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of , 20 between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

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Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 SECTION 6.8. Payments from Owner Trust Estate 23 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 SECTION 8.1. Termination of Trust Agreement 25 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT Exhibit A FORM OF CERTIFICATE EXHIBIT Form of Certificate Exhibit B FORM OF CERTIFICATE OF TRUST EXHIBIT Form of Certificate of Trust Exhibit C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 6, 20 2016, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of March 8, 20 2016, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 37 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 39 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 8, 20 2024, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2024-4, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 4, 20 2024 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-4), Trust Agreement (Exeter Automobile Receivables Trust 2024-4)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 7, 20 2013, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of July 18, 20 2013 between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2013-4)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 37 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 39 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 6, 20 2024, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2024-3, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 4, 20 2024 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2024-3)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE Form of Certificate EXHIBIT B FORM OF CERTIFICATE OF TRUST Form of Certificate of Trust EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 5, 20 2015, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of June 23, 20 2015, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 SECTION 6.8. Payments from Owner Trust Estate 23 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 SECTION 8.1. Termination of Trust Agreement 25 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments Amendments. 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT Exhibit A FORM OF CERTIFICATE EXHIBIT Form of Certificate Exhibit B FORM OF CERTIFICATE OF TRUST EXHIBIT Form of Certificate of Trust Exhibit C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 13, 20 2016, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of December 9, 20 2015, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 37 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 39 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 10, 20 2024, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2024-2, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of June 29, 20 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-2)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 12, 20 2013, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of May 15, 20 2013 between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2013-3), Trust Agreement (Americredit Automobile Receivables Trust 2013-3)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 36 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 38 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 6, 20 2023, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2023-4, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 11, 20 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2023-4), Trust Agreement (Exeter Automobile Receivables Trust 2023-4)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 37 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 39 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 9, 20 2024, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 4, 20 2024 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-5), Trust Agreement (Exeter Automobile Receivables Trust 2024-5)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 21 SECTION 6.3. Representations and Warranties 21 SECTION 6.4. Reliance; Advice of Counsel 21 22 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 SECTION 6.8. Payments from Owner Trust Estate 23 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 25 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 SECTION 8.1. Termination of Trust Agreement 25 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 28 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT Exhibit A FORM OF CERTIFICATE EXHIBIT Form of Certificate Exhibit B FORM OF CERTIFICATE OF TRUST EXHIBIT Form of Certificate of Trust Exhibit C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 4, 20 2016, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of September 6, 20 2016, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 36 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 38 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 11, 20 2023, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2023-3, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 11, 20 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2023-3), Trust Agreement (Exeter Automobile Receivables Trust 2023-3)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 21 SECTION 6.3. Representations and Warranties 21 SECTION 6.4. Reliance; Advice of Counsel 21 22 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 SECTION 6.8. Payments from Owner Trust Estate 23 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 25 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 SECTION 8.1. Termination of Trust Agreement 25 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 28 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT Exhibit A FORM OF CERTIFICATE EXHIBIT Form of Certificate Exhibit B FORM OF CERTIFICATE OF TRUST EXHIBIT Form of Certificate of Trust Exhibit C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 11, 20 2017, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of January 5, 20 2017, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 19, 20 2014, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of July 11, 20 2014, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 SECTION 10.1. Supplements and Amendments 29 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 SECTION 10.6. Separate Counterparts 31 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE Form of Certificate EXHIBIT B FORM OF CERTIFICATE OF TRUST Form of Certificate of Trust EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 4, 20 2015, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of September 24, 20 2015, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AmeriCredit Automobile Receivables Trust 2015-4)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 37 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 39 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 7, 20 2024, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2024-1, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of June 29, 20 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-1), Trust Agreement (Exeter Automobile Receivables Trust 2024-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 Amendments. 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 13, 20 2014, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of February 13, 20 2014, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-1), Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 4, 20 2014, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of May 9, 20 2014, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-2), Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-2)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE Form of Certificate EXHIBIT B FORM OF CERTIFICATE OF TRUST Form of Certificate of Trust EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST Form of Notice of Repurchase Request This AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 8, 20 2015, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of March 18, 20 2015, between the Seller and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (AFS SenSub Corp.), Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 16 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 16 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 17 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 18 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 20 SECTION 5.1. General Authority 16 Authority. 20 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 22 SECTION 5.6. Restrictions 18 Restrictions. 22 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 23 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 23 SECTION 6.2. Furnishing of Documents 20 Documents. 25 SECTION 6.3. Representations and Warranties 21 Warranties. 25 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 26 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 26 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 27 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 27 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 27 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 28 SECTION 6.10. FATCA Information 23 Information. 28 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 28 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 29 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 29 SECTION 7.2. Indemnification 24 Indemnification. 30 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 30 SECTION 7.4. Non-recourse Obligations 24 Obligations. 30 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 31 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 31 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 32 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 32 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 32 SECTION 9.3. Successor Owner Trustee 27 Trustee. 33 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 34 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 34 ARTICLE X. X MISCELLANEOUS 29 35 SECTION 10.1. Supplements and Amendments 29 Amendments. 35 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 36 SECTION 10.3. Limitations on Rights of Others 30 Others. 37 SECTION 10.4. Notices 30 Notices. 37 SECTION 10.5. Severability 31 Severability. 37 -ii- TABLE OF CONTENTS (continued) Page SECTION 10.6. Separate Counterparts 31 Counterparts. 38 SECTION 10.7. Assignments 31 Assignments. 38 SECTION 10.8. No Recourse 31 Recourse. 38 SECTION 10.9. Headings 31 Headings. 38 SECTION 10.10. GOVERNING LAW 32 LAW. 38 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 38 SECTION 10.12. Nonpetition Covenants 32 Servicer. 38 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 39 SECTION 10.14. Third-Party Beneficiaries. 39 SECTION 10.15. Force Majeure. 40 SECTION 10.16. Regulation AB 33 AB. 40 SECTION 10.17. Entire Agreement. 40 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 41 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 41 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 41 SECTION 11.3. Method of Payment 34 Payment. 42 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 22, 20 2023, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2023-5, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of May 12, 20 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2023-5), Trust Agreement (Exeter Automobile Receivables Trust 2023-5)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 6, 20 2013, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of October 10, 20 2013 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2013-5)

Voting Rights and Other Actions. 12 SECTION 15 Section 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION Matters. 15 Section 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 SECTION Matters. 16 Section 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 SECTION Power. 16 Section 4.4. [Reserved] 14 SECTION ]. 16 Section 4.5. Action with Respect to Bankruptcy Action 14 SECTION Action. 16 Section 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 17 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 19 Section 5.1. General Authority 16 SECTION Authority. 19 Section 5.2. General Duties 17 SECTION Duties. 19 Section 5.3. Action upon Instruction 17 SECTION Instruction. 20 TABLE OF CONTENTS (continued) Page Section 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION Instructions. 21 Section 5.5. No Action Except under Specified Documents or Instructions 18 SECTION Instructions. 21 Section 5.6. Restrictions 18 SECTION Restrictions. 21 Section 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 SECTION 22 Section 6.1. Acceptance of Trusts and Duties 19 SECTION Duties. 22 Section 6.2. Furnishing of Documents 20 SECTION Documents. 24 Section 6.3. Representations and Warranties 21 SECTION Warranties. 24 Section 6.4. Reliance; Advice of Counsel 21 SECTION Counsel. 25 Section 6.5. Not Acting in Individual Capacity 22 SECTION Capacity. 25 Section 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 SECTION Receivables. 25 Section 6.7. Owner Trustee May Own Notes 23 SECTION Notes. 26 Section 6.8. Payments from Owner Holding Trust Estate 23 SECTION Estate. 26 Section 6.9. Doing Business in Other Jurisdictions 23 SECTION Jurisdictions. 26 Section 6.10. FATCA Information 23 Information. 27 Section 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 27 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 SECTION 28 Section 7.1. Owner Trustee’s Fees and Expenses 24 SECTION Expenses. 28 Section 7.2. Indemnification 24 SECTION Indemnification. 28 Section 7.3. Payments to the Owner Trustee 24 SECTION Trustee. 29 Section 7.4. Non-recourse Obligations 24 Obligations. 29 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 SECTION 29 Section 8.1. Termination of Trust Agreement 25 Agreement. 29 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 SECTION 31 Section 9.1. Eligibility Requirements for Owner Trustee 26 SECTION Trustee. 31 Section 9.2. Resignation or Removal of Owner Trustee 26 SECTION Trustee. 31 Section 9.3. Successor Owner Trustee 27 SECTION Trustee. 32 Section 9.4. Merger or Consolidation of Owner Trustee 27 SECTION Trustee. 32 Section 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 32 ARTICLE X. X MISCELLANEOUS 29 SECTION 34 Section 10.1. Supplements and Amendments 29 SECTION Amendments. 34 Section 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 SECTION Holding Trust Certificateholder. 35 Section 10.3. Limitations on Rights of Others 30 SECTION Others. 35 Section 10.4. Notices 30 SECTION Notices. 35 Section 10.5. Severability 31 SECTION Severability. 36 Section 10.6. Separate Counterparts 31 SECTION Counterparts. 36 ii TABLE OF CONTENTS (continued) Page Section 10.7. Assignments 31 SECTION Assignments. 36 Section 10.8. No Recourse 31 SECTION Recourse. 36 Section 10.9. Headings 31 SECTION Headings. 37 Section 10.10. GOVERNING LAW 32 SECTION LAW. 37 Section 10.11. Servicer 32 SECTION WAIVER OF JURY TRIAL. 37 Section 10.12. Nonpetition Covenants 32 SECTION Servicer. 37 Section 10.13. [Third Party Beneficiary] 33 SECTION Nonpetition Covenants. 37 Section 10.14. Third-Party Beneficiaries. 38 Section 10.15. Owner Trustee. 38 Section 10.16. Regulation AB 33 AB. 38 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 SECTION 39 Section 11.1. Establishment of Trust Accounts 33 SECTION [Reserved]. 39 Section 11.2. Application of Holding Trust Funds 33 SECTION Funds. 39 Section 11.3. Method of Payment 34 Payment. 40 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 31, 20 2020, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2020-3, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of March 3, 20 2020 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2020-3)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel Counsel. 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 Amendments. 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices Notices. 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 13, 20 2015, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of December 8, 20 2014, between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 18 SECTION 6.1. Acceptance of Trusts and Duties 19 18 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 20 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 21 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 22 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 22 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 23 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 23 SECTION 8.1. Termination of Trust Agreement 25 23 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 26 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 29 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 30 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 21, 20 2009, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of October 14, 20 2009 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Prime Automobile Receivables Trust 2009-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 13, 20 2015, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of December 8, 20 2014, between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2015-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 18 SECTION 6.1. Acceptance of Trusts and Duties 19 18 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 20 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 21 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 22 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 22 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 23 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 23 SECTION 8.1. Termination of Trust Agreement 25 23 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 26 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 29 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 30 SECTION 10.12. Nonpetition Covenants 32 30 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 2, 20 2010, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 11, 20 2010 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2010-1)

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Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 32 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE], a [entity type], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of , 20 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 6, 20 2013, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of October 10, 20 2013 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2013-5)

Voting Rights and Other Actions. 12 23 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 23 SECTION 4.2. Action by Certificateholder Certificateholder[s] with Respect to Certain Matters 13 24 SECTION 4.3. Restrictions on Certificateholder’s Power 13 24 SECTION 4.4. [Reserved] 14 25 SECTION 4.5. Action with Respect to Bankruptcy Action 14 25 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 25 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 27 SECTION 5.1. General Authority 16 27 SECTION 5.2. General Duties 17 27 SECTION 5.3. Action upon Instruction 17 28 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 29 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 29 SECTION 5.6. Restrictions 18 29 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 30 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 30 SECTION 6.1. Acceptance of Trusts and Duties 19 30 SECTION 6.2. Furnishing of Documents 20 32 SECTION 6.3. Representations and Warranties 21 32 SECTION 6.4. Reliance; Advice of Counsel 21 33 SECTION 6.5. Not Acting in Individual Capacity 22 34 SECTION 6.6. Owner Trustee Not Liable for Certificate Certificate[s] or Receivables 22 34 SECTION 6.7. Owner Trustee May Own Notes 23 34 SECTION 6.8. Payments from Owner Trust Estate 23 34 SECTION 6.9. Doing Business in Other Jurisdictions 23 35 SECTION 6.10. FATCA Information 23 35 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence 35 SECTION 6.12. Beneficial Ownership and Control of the Trust 36 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 36 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 36 SECTION 7.2. Indemnification 24 36 SECTION 7.3. Payments to the Owner Trustee 24 37 SECTION 7.4. Non-recourse Obligations 24 37 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 37 SECTION 8.1. Termination of Trust Agreement 25 37 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 38 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 38 SECTION 9.2. Resignation or Removal of Owner Trustee 26 39 SECTION 9.3. Successor Owner Trustee 27 39 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 40 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 40 ARTICLE X. MISCELLANEOUS 29 41 SECTION 10.1. Supplements and Amendments 29 41 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 Certificateholder[s] 43 SECTION 10.3. Limitations on Rights of Others 30 43 SECTION 10.4. Notices 30 43 SECTION 10.5. Severability 31 43 SECTION 10.6. Separate Counterparts 31 and Consent to Do Business Electronically 44 SECTION 10.7. Assignments 31 44 SECTION 10.8. No Recourse 31 44 SECTION 10.9. Headings 31 44 SECTION 10.10. GOVERNING LAW 32 44 SECTION 10.11. Servicer 32 44 SECTION 10.12. Nonpetition Covenants 32 45 SECTION 10.13. [Third Party Beneficiary] 33 45 SECTION 10.14. Regulation AB 33 45 SECTION 10.15. Force Majeure 46 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 46 SECTION 11.1. Establishment of Trust Accounts 33 46 SECTION 11.2. Application of Trust Funds 33 47 SECTION 11.3. Method of Payment 34 48 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE], a [entity type], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of , 20 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Afs Sensub Corp.)

Voting Rights and Other Actions. 12 13 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 13 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices Notices. 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 Assignments; Swap Provider 30 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 Beneficiary 32 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 32 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of May 24, 20 2007 between AFS SENSUB CORP., a Nevada corporation, as depositor corporation (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of May 9, 20 2007 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-1)

Voting Rights and Other Actions. 12 10 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 10 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 11 SECTION 4.3. Restrictions on Certificateholder’s Power 13 Power. 11 SECTION 4.4. [Reserved] 14 Rights of Security Insurer 12 SECTION 4.5. Action with Respect to Bankruptcy Action 14 12 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 13 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 14 SECTION 5.1. General Authority 16 Authority. 14 SECTION 5.2. General Duties 17 15 SECTION 5.3. Action upon Instruction 17 Instruction. 15 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 16 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 16 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 16 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 17 SECTION 6.1. Acceptance of Trusts and Duties 19 17 SECTION 6.2. Furnishing of Documents 20 18 SECTION 6.3. Representations and Warranties 21 18 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 19 SECTION 6.5. Not Acting in Individual Capacity 22 19 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 19 SECTION 6.7. Owner Trustee May Own Notes 23 20 SECTION 6.8. Payments from Owner Trust Estate 23 20 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 20 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 21 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 21 SECTION 7.2. Indemnification 24 21 SECTION 7.3. Payments to the Owner Trustee 24 21 SECTION 7.4. Non-recourse Obligations 24 21 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 22 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 22 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 23 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 23 SECTION 9.2. Resignation or Removal of Owner Trustee 26 23 SECTION 9.3. Successor Owner Trustee 27 24 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 24 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 25 ARTICLE X. MISCELLANEOUS 29 26 SECTION 10.1. Supplements and Amendments 29 Amendments. 26 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 27 SECTION 10.3. Limitations on Rights of Others 30 27 SECTION 10.4. Notices 30 Notices. 27 SECTION 10.5. Severability 31 28 SECTION 10.6. Separate Counterparts 31 28 SECTION 10.7. Assignments 31 Assignments; Security Insurer 28 SECTION 10.8. No Recourse 31 28 SECTION 10.9. Headings 31 28 SECTION 10.10. GOVERNING LAW 32 28 SECTION 10.11. Servicer 32 28 SECTION 10.12. Nonpetition Covenants 32 29 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 Beneficiary 29 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of January 27, 20 2005 between AFS SENSUB CORP., a Nevada corporation, as depositor corporation (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of January 6, 20 2005 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

Voting Rights and Other Actions. 12 9 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 9 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 9 SECTION 4.3. Restrictions on Certificateholder’s 's Power 13 9 SECTION 4.4. [Reserved] 14 Rights of Security Insurer 10 SECTION 4.5. Action with Respect to Bankruptcy Action 14 10 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 11 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 12 SECTION 5.1. General Authority 16 12 SECTION 5.2. General Duties 17 12 SECTION 5.3. Action upon Instruction 17 13 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 13 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 14 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 14 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 14 SECTION 6.1. Acceptance of Trusts and Duties 19 14 SECTION 6.2. Furnishing of Documents 20 15 SECTION 6.3. Representations and Warranties 21 15 SECTION 6.4. Reliance; Advice of Counsel 21 16 SECTION 6.5. Not Acting in Individual Capacity 22 16 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 16 SECTION 6.7. Owner Trustee May Own Notes 23 17 SECTION 6.8. Payments from Owner Trust Estate 23 17 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 17 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 17 SECTION 7.1. Owner Trustee’s 's Fees and Expenses 24 17 SECTION 7.2. Indemnification 24 18 SECTION 7.3. Payments to the Owner Trustee 24 18 SECTION 7.4. Non-recourse Obligations 24 18 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 18 SECTION 8.1. Termination of Trust Agreement 25 18 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 19 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 19 SECTION 9.2. Resignation or Removal of Owner Trustee 26 19 SECTION 9.3. Successor Owner Trustee 27 20 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 20 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 21 ARTICLE X. MISCELLANEOUS 29 22 SECTION 10.1. Supplements and Amendments 29 22 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 23 SECTION 10.3. Limitations on Rights of Others 30 23 SECTION 10.4. Notices 30 Notices. 23 SECTION 10.5. Severability 31 23 SECTION 10.6. Separate Counterparts 31 23 SECTION 10.7. Assignments 31 Assignments; Security Insurer 23 SECTION 10.8. No Recourse 31 23 SECTION 10.9. Headings 31 24 SECTION 10.10. GOVERNING LAW 32 24 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 24 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of May 14, 20 2003 between AFS SENSUB CORP., a Nevada corporation, as depositor corporation (the "Seller"), and [OWNER TRUSTEE]DEUTSCHE BANK TRUST COMPANY DELAWARE, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of May 2, 20 2003 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Americredit Automobile Receivables Trust 2003-B-X)

Voting Rights and Other Actions. 12 13 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 13 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power Power. 13 SECTION 4.4. [Reserved] Rights of Security Insurer 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business Business. 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority Authority. 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction Instruction. 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 19 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel Counsel. 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 Amendments. 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices Notices. 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 Assignments; Security Insurer 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE TRANSFEROR CERTIFICATE EXHIBIT D FORM OF REPURCHASE REQUEST TRANSFEREE CERTIFICATE This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of , 20 2006 between AFS SENSUB UPFC AUTO RECEIVABLES CORP., a Nevada corporation, as depositor California corporation (the “Seller”), and [OWNER TRUSTEE]XXXXX FARGO DELAWARE TRUST COMPANY, a [entity type]Delaware limited purposes trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of , 20 2006 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (UPFC Auto Receivables Corp.)

Voting Rights and Other Actions. 12 15 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 15 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 16 SECTION 4.4. [Reserved] 14 ]. 16 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 16 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 17 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 19 SECTION 5.1. General Authority 16 Authority. 19 SECTION 5.2. General Duties 17 Duties. 19 SECTION 5.3. Action upon Instruction 17 Instruction. 20 TABLE OF CONTENTS (continued) Page SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 21 SECTION 5.6. Restrictions 18 Restrictions. 21 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 22 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 22 SECTION 6.2. Furnishing of Documents 20 Documents. 24 SECTION 6.3. Representations and Warranties 21 Warranties. 24 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 25 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 25 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 25 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 26 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 26 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 26 SECTION 6.10. FATCA Information 23 Information. 27 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 27 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 28 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 28 SECTION 7.2. Indemnification 24 Indemnification. 28 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 29 SECTION 7.4. Non-recourse Obligations 24 Obligations. 29 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 29 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 29 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 31 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 31 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 31 SECTION 9.3. Successor Owner Trustee 27 Trustee. 32 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 32 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 32 ARTICLE X. X MISCELLANEOUS 29 34 SECTION 10.1. Supplements and Amendments 29 Amendments. 34 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 35 SECTION 10.3. Limitations on Rights of Others 30 Others. 35 SECTION 10.4. Notices 30 Notices. 35 SECTION 10.5. Severability 31 Severability. 36 SECTION 10.6. Separate Counterparts 31 Counterparts. 36 ii TABLE OF CONTENTS (continued) Page SECTION 10.7. Assignments 31 Assignments. 36 SECTION 10.8. No Recourse 31 Recourse. 36 SECTION 10.9. Headings 31 Headings. 37 SECTION 10.10. GOVERNING LAW 32 LAW. 37 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 37 SECTION 10.12. Nonpetition Covenants 32 Servicer. 37 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 37 SECTION 10.14. Third-Party Beneficiaries. 38 SECTION 10.15. Owner Trustee. 38 SECTION 10.16. Regulation AB 33 AB. 38 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 39 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 39 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 39 SECTION 11.3. Method of Payment 34 Payment. 40 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 31, 20 2020, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2020-3, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of March 3, 20 2020 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2020-3)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power Power. 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 Authority. 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 Instruction. 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel Counsel. 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 Amendments. 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 Notices. 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 31 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 32 SECTION 11.3. Method of Payment 34 33 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 3, 20 2014, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of October 14, 20 2014, between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-4)

Voting Rights and Other Actions. 12 11 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 11 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 12 SECTION 4.3. Restrictions on Certificateholder’s Power 13 12 SECTION 4.4. [ReservedRights of Security Insurer] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 15 SECTION 5.1. General Authority 16 15 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 16 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 17 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 18 SECTION 6.1. Acceptance of Trusts and Duties 19 18 SECTION 6.2. Furnishing of Documents 20 19 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 20 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 21 SECTION 6.7. Owner Trustee May Own Notes 23 21 SECTION 6.8. Payments from Owner Trust Estate 23 21 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 22 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 22 SECTION 7.2. Indemnification 24 22 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 23 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 23 SECTION 8.1. Termination of Trust Agreement 25 23 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 24 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 24 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 26 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 [Assignments; Security Insurer] 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of , 20 200 between [AFS SENSUB CORP., a Nevada corporationcorporation]/[AFS FUNDING TRUST, as depositor a Delaware statutory trust] (the “Seller”), and [OWNER TRUSTEE], a [entity type]banking , as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of , 20 200 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AFS Funding Trust)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 Assignments; Hedge Provider 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 Beneficiary 31 SECTION 10.14. 10.14 Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of November 17, 20 2008 between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of November 6, 20 2008 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-2)

Voting Rights and Other Actions. 12 15 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 Matters. 15 SECTION 4.2. Action by Holding Trust Certificateholder with Respect to Certain Matters 13 Matters. 16 SECTION 4.3. Restrictions on Holding Trust Certificateholder’s Power 13 Power. 16 SECTION 4.4. [Reserved] 14 ]. 17 SECTION 4.5. Action with Respect to Bankruptcy Action 14 Action. 17 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 Business. 17 ARTICLE V. V AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 19 SECTION 5.1. General Authority 16 Authority. 19 SECTION 5.2. General Duties 17 Duties. 20 TABLE OF CONTENTS (continued) Page SECTION 5.3. Action upon Instruction 17 Instruction. 20 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 Instructions. 21 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 Instructions. 21 SECTION 5.6. Restrictions 18 Restrictions. 21 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 Warranties. 22 ARTICLE VI. VI CONCERNING THE OWNER TRUSTEE 19 22 SECTION 6.1. Acceptance of Trusts and Duties 19 Duties. 22 SECTION 6.2. Furnishing of Documents 20 Documents. 24 SECTION 6.3. Representations and Warranties 21 Warranties. 24 SECTION 6.4. Reliance; Advice of Counsel 21 Counsel. 25 SECTION 6.5. Not Acting in Individual Capacity 22 Capacity. 25 SECTION 6.6. Owner Trustee Not Liable for Holding Trust Certificate or Receivables 22 Receivables. 26 SECTION 6.7. Owner Trustee May Own Notes 23 Notes. 26 SECTION 6.8. Payments from Owner Holding Trust Estate 23 Estate. 26 SECTION 6.9. Doing Business in Other Jurisdictions 23 Jurisdictions. 27 SECTION 6.10. FATCA Information 23 Information. 27 SECTION 6.11. Financial Crimes Enforcement Network’s Customer Due Diligence Requirements. 27 ARTICLE VII. VII COMPENSATION OF OWNER TRUSTEE 24 28 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 Expenses. 28 SECTION 7.2. Indemnification 24 Indemnification. 28 SECTION 7.3. Payments to the Owner Trustee 24 Trustee. 29 SECTION 7.4. Non-recourse Obligations 24 Obligations. 29 ARTICLE VIII. VIII TERMINATION OF TRUST AGREEMENT 25 29 SECTION 8.1. Termination of Trust Agreement 25 Agreement. 29 ARTICLE IX. IX SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 31 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 Trustee. 31 SECTION 9.2. Resignation or Removal of Owner Trustee 26 Trustee. 31 SECTION 9.3. Successor Owner Trustee 27 Trustee. 32 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 Trustee. 32 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 Trustee. 32 ARTICLE X. X MISCELLANEOUS 29 34 SECTION 10.1. Supplements and Amendments 29 Amendments. 34 SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholder 30 Holding Trust Certificateholder. 35 SECTION 10.3. Limitations on Rights of Others 30 Others. 35 SECTION 10.4. Notices 30 Notices. 35 SECTION 10.5. Severability 31 Severability. 36 SECTION 10.6. Separate Counterparts 31 Counterparts. 36 TABLE OF CONTENTS (continued) Page SECTION 10.7. Assignments 31 Assignments. 36 SECTION 10.8. No Recourse 31 Recourse. 36 SECTION 10.9. Headings 31 Headings. 37 SECTION 10.10. GOVERNING LAW 32 LAW. 37 SECTION 10.11. Servicer 32 WAIVER OF JURY TRIAL. 37 SECTION 10.12. Nonpetition Covenants 32 Servicer. 37 SECTION 10.13. [Third Party Beneficiary] 33 Nonpetition Covenants. 37 SECTION 10.14. Third-Party Beneficiaries. 38 SECTION 10.15. Force Majeure. 38 SECTION 10.16. Regulation AB 33 AB. 38 SECTION 10.17. Entire Agreement. 39 ARTICLE XI. XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 33 39 SECTION 11.1. Establishment of Trust Accounts 33 [Reserved]. 39 SECTION 11.2. Application of Holding Trust Funds 33 Funds. 39 SECTION 11.3. Method of Payment 34 Payment. 40 EXHIBITS EXHIBIT A FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 23, 20 2022, between AFS SENSUB CORP.EXETER AUTOMOBILE RECEIVABLES TRUST 2022-1, a Nevada corporationDelaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of September 24, 20 2021 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the Seller “Initial Depositor”) and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2022-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 18 SECTION 6.1. Acceptance of Trusts and Duties 19 18 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 20 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 21 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 22 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 22 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 23 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 23 SECTION 8.1. Termination of Trust Agreement 25 23 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 26 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 29 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 30 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 30, 20 2009, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of June 18, 20 2009 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2009-1)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 13 SECTION 4.5. Action with Respect to Bankruptcy Action 14 13 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 14 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 16 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 18 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 SECTION 10.4. Notices 30 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 SECTION 10.8. No Recourse 31 SECTION 10.9. Headings 31 SECTION 10.10. GOVERNING LAW 32 31 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 32 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 32 SECTION 11.1. Establishment of Trust Accounts 33 32 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 3, 20 2014, between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, dated as of October 14, 20 2014, between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2014-4)

Voting Rights and Other Actions. 12 11 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 11 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 11 SECTION 4.3. Restrictions on Certificateholder’s Power 13 11 SECTION 4.4. [Reserved] 14 Rights of Security Insurer 12 SECTION 4.5. Action with Respect to Bankruptcy Action 14 12 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 13 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 14 SECTION 5.1. General Authority 16 14 SECTION 5.2. General Duties 17 15 SECTION 5.3. Action upon Instruction 17 15 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 16 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 17 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 17 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 17 SECTION 6.1. Acceptance of Trusts and Duties 19 17 SECTION 6.2. Furnishing of Documents 20 18 SECTION 6.3. Representations and Warranties 21 18 SECTION 6.4. Reliance; Advice of Counsel 21 19 SECTION 6.5. Not Acting in Individual Capacity 22 20 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 20 SECTION 6.7. Owner Trustee May Own Notes 23 20 SECTION 6.8. Payments from Owner Trust Estate 23 20 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 20 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 21 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 21 SECTION 7.2. Indemnification 24 21 SECTION 7.3. Payments to the Owner Trustee 24 21 SECTION 7.4. Non-recourse Obligations 24 22 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 22 SECTION 8.1. Termination of Trust Agreement 25 22 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 23 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 23 SECTION 9.2. Resignation or Removal of Owner Trustee 26 23 SECTION 9.3. Successor Owner Trustee 27 24 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 25 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 25 ARTICLE X. MISCELLANEOUS 29 26 SECTION 10.1. Supplements and Amendments 29 26 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 27 SECTION 10.3. Limitations on Rights of Others 30 27 SECTION 10.4. Notices 30 27 SECTION 10.5. Severability 31 28 SECTION 10.6. Separate Counterparts 31 28 SECTION 10.7. Assignments 31 Assignments; Security Insurer 28 SECTION 10.8. No Recourse 31 28 SECTION 10.9. Headings 31 28 SECTION 10.10. GOVERNING LAW 32 28 SECTION 10.11. Servicer 32 29 SECTION 10.12. Nonpetition Covenants 32 29 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 Beneficiary 29 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of May 10, 20 2006 between AFS SENSUB CORP., a Nevada corporation, as depositor corporation (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of May 1, 20 2006 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AFS SenSub Corp.)

Voting Rights and Other Actions. 12 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 SECTION 4.3. Restrictions on Certificateholder’s Power 13 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct of Business 15 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 SECTION 5.1. General Authority 16 SECTION 5.2. General Duties 17 SECTION 5.3. Action upon Instruction 17 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 SECTION 6.1. Acceptance of Trusts and Duties 19 SECTION 6.2. Furnishing of Documents 20 SECTION 6.3. Representations and Warranties 21 20 SECTION 6.4. Reliance; Advice of Counsel 21 SECTION 6.5. Not Acting in Individual Capacity 22 21 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 SECTION 6.7. Owner Trustee May Own Notes 23 22 SECTION 6.8. Payments from Owner Trust Estate 23 22 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 22 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 23 SECTION 7.1. Owner Trustee’s Fees and Expenses 24 23 SECTION 7.2. Indemnification 24 23 SECTION 7.3. Payments to the Owner Trustee 24 23 SECTION 7.4. Non-recourse Obligations 24 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 24 SECTION 8.1. Termination of Trust Agreement 25 24 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 25 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 25 SECTION 9.2. Resignation or Removal of Owner Trustee 26 25 SECTION 9.3. Successor Owner Trustee 27 26 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 26 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 27 ARTICLE X. MISCELLANEOUS 29 28 SECTION 10.1. Supplements and Amendments 29 28 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 29 SECTION 10.3. Limitations on Rights of Others 30 29 SECTION 10.4. Notices 30 29 SECTION 10.5. Severability 31 30 SECTION 10.6. Separate Counterparts 31 30 SECTION 10.7. Assignments 31 Assignments; Hedge Provider 30 SECTION 10.8. No Recourse 31 30 SECTION 10.9. Headings 31 30 SECTION 10.10. GOVERNING LAW 32 30 SECTION 10.11. Servicer 32 31 SECTION 10.12. Nonpetition Covenants 32 31 SECTION 10.13. [Third Party Beneficiary] 33 Beneficiary 31 SECTION 10.14. 10.14 Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 31 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of October 6, 20 2008 between AFS SENSUB CORP., a Nevada corporation, as depositor (the “Seller”), and [OWNER TRUSTEE]WILMINGTON TRUST COMPANY, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of September 11, 20 2008 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2008-1)

Voting Rights and Other Actions. 12 10 SECTION 4.1. Prior Notice to Holder with Respect to Certain Matters 12 10 SECTION 4.2. Action by Certificateholder with Respect to Certain Matters 13 11 SECTION 4.3. Restrictions on Certificateholder’s 's Power 13 11 SECTION 4.4. [Reserved] 14 SECTION 4.5. Action with Respect to Bankruptcy Action 14 SECTION 4.6. Covenants and Restrictions on Conduct Rights of Business 15 Security Insurer 12 ARTICLE V. AUTHORITY AND DUTIES OF OWNER TRUSTEE 16 12 SECTION 5.1. General Authority 16 12 SECTION 5.2. General Duties 17 12 SECTION 5.3. Action upon Instruction 17 13 SECTION 5.4. No Duties Except as Specified in this Agreement or in Instructions 18 13 SECTION 5.5. No Action Except under Specified Documents or Instructions 18 14 SECTION 5.6. Restrictions 18 SECTION 5.7. Covenants for Reporting of Repurchase Demands due to Breaches of Representations and Warranties 19 14 ARTICLE VI. CONCERNING THE OWNER TRUSTEE 19 14 SECTION 6.1. Acceptance of Trusts and Duties 19 14 SECTION 6.2. Furnishing of Documents 20 15 SECTION 6.3. Representations and Warranties 21 16 SECTION 6.4. Reliance; Advice of Counsel 21 16 SECTION 6.5. Not Acting in Individual Capacity 22 17 SECTION 6.6. Owner Trustee Not Liable for Certificate or Receivables 22 17 SECTION 6.7. Owner Trustee May Own Notes 23 17 SECTION 6.8. Payments from Owner Trust Estate 23 17 SECTION 6.9. Doing Business in Other Jurisdictions 23 SECTION 6.10. FATCA Information 23 17 ARTICLE VII. COMPENSATION OF OWNER TRUSTEE 24 18 SECTION 7.1. Owner Trustee’s 's Fees and Expenses 24 18 SECTION 7.2. Indemnification 24 18 SECTION 7.3. Payments to the Owner Trustee 24 18 SECTION 7.4. Non-recourse Obligations 24 19 ARTICLE VIII. TERMINATION OF TRUST AGREEMENT 25 19 SECTION 8.1. Termination of Trust Agreement 25 19 ARTICLE IX. SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 26 20 SECTION 9.1. Eligibility Requirements for Owner Trustee 26 20 SECTION 9.2. Resignation or Removal of Owner Trustee 26 20 SECTION 9.3. Successor Owner Trustee 27 21 SECTION 9.4. Merger or Consolidation of Owner Trustee 27 21 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 28 22 ARTICLE X. MISCELLANEOUS 29 23 SECTION 10.1. Supplements and Amendments 29 Amendments. 23 SECTION 10.2. No Legal Title to Owner Trust Estate in Certificateholder 30 24 SECTION 10.3. Limitations on Rights of Others 30 24 SECTION 10.4. Notices 30 Notices. 24 SECTION 10.5. Severability 31 25 SECTION 10.6. Separate Counterparts 31 25 SECTION 10.7. Assignments 31 Assignments; Security Insurer 25 SECTION 10.8. No Recourse 31 25 SECTION 10.9. Headings 31 25 SECTION 10.10. GOVERNING LAW 32 26 SECTION 10.11. Servicer 32 SECTION 10.12. Nonpetition Covenants 32 SECTION 10.13. [Third Party Beneficiary] 33 SECTION 10.14. Regulation AB 33 ARTICLE XI. APPLICATION OF TRUST FUNDS; CERTAIN DUTIES 33 SECTION 11.1. Establishment of Trust Accounts 33 SECTION 11.2. Application of Trust Funds 33 SECTION 11.3. Method of Payment 34 26 EXHIBITS EXHIBIT A FORM OF CERTIFICATE EXHIBIT B FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST This AMENDED AND RESTATED TRUST AGREEMENT, AGREEMENT dated as of September 5, 20 2002 between AFS SENSUB CORP.FUNDING TRUST, a Nevada corporation, as depositor Delaware statutory trust (the “Seller”), and [OWNER TRUSTEE]DEUTSCHE BANK TRUST COMPANY DELAWARE, a [entity type]Delaware banking corporation, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement, Agreement dated as of August 20, 20 2002 between the Seller and the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Americredit Financial Services Inc)

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