CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 2024-5 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5 Transferor Dated as of September 9, 2024Contribution Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of September 9, 2024, is executed between Exeter Holdings Trust 2024-5, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2024-5, a Delaware statutory trust, as Transferor (“Transferor”).
AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of September 9, 2024Trust Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 9, 2024, between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of January 4, 2024, between the Seller and the Owner Trustee.
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of September 9, 2024Purchase Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of September 9, 2024, executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).
AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of September 9, 2024Trust Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 9, 2024, between EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5, a Delaware statutory trust, as depositor (the “Seller”), and WILMINGTON TRUST COMPANY, a Delaware trust company, as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of January 4, 2024 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2024-5, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of...Sale and Servicing Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities
SALE AND SERVICING AGREEMENT dated as of September 9, 2024, among EXETER HOLDINGS TRUST 2024-5, a Delaware statutory trust (the “Holding Trust”), EFCAR, LLC, a Delaware limited liability company (the “Seller”), EXETER FINANCE LLC, a Delaware limited liability company (the “Servicer”), EXETER AUTOMOBILE RECEIVABLES TRUST 2024-5, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of September 9, 2024Custodian Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of September 9, 2024, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2024-5 (the “Issuer”), and is among EXETER FINANCE LLC, as custodian (in such capacity, the “Custodian”), EXETER FINANCE LLC, as servicer (in such capacity, the “Servicer”), and CITIBANK, N.A., a national banking association, as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
ACCESSION AGREEMENTAccession Agreement • September 30th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities
This is an Accession Agreement and is being entered into pursuant to the Agreement. Each undersigned Other Party hereby: (i) acknowledges and confirms that it has received a copy of the Agreement, (ii) agrees to be bound by the terms and conditions of the Agreement as if it were an original signatory thereto, (iii) acknowledges that it only has and will only have at any time rights to Remittances in respect of the Receivables that are owned by or pledged at such time to such Other Party pursuant to a Transaction Document under the related Transaction described in (A) below:
FORM OF ACCESSION AGREEMENTForm of Accession Agreement • September 26th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities
This is an Accession Agreement and is being entered into pursuant to the Agreement. Each undersigned Other Party hereby: (i) acknowledges and confirms that it has received a copy of the Agreement, (ii) agrees to be bound by the terms and conditions of the Agreement as if it were an original signatory thereto, (iii) acknowledges that it only has and will only have at any time rights to Remittances in respect of the Receivables that are owned by or pledged at such time to such Other Party pursuant to a Transaction Document under the related Transaction described in (A) below:
FORM OF CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of September 9, 2024Form of Custodian Agreement • September 26th, 2024 • Exeter Automobile Receivables Trust 2024-5 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of September 9, 2024, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2024-5 (the “Issuer”), and is among EXETER FINANCE LLC, as custodian (in such capacity, the “Custodian”), EXETER FINANCE LLC, as servicer (in such capacity, the “Servicer”), and CITIBANK, N.A., a national banking association, as indenture trustee (in such capacity, the “Indenture Trustee”). Capitalized terms used herein which are not defined herein shall have the meanings set forth in the Sale and Servicing Agreement (as hereinafter defined).
