Common Contracts
29 similar Loan and Security Agreement contracts by Credit Acceptance Corp
Sixth Amendment to Loan and Security AgreementLoan and Security Agreement • October 30th, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
Whereas, each of the Servicer, the Custodian, the Deal Agent and the Collateral Agent has been requested and is willing to act in certain capacities in accordance with the terms hereof.
AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 24th, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
This AMENDMENT NO. 3 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is made as of September 19, 2024, by and among CREDIT ACCEPTANCE FUNDING LLC 2019-2, as the borrower (the “Borrower”), CREDIT ACCEPTANCE CORPORATION, as the originator (“Credit Acceptance” and in such capacity, the “Originator”), as the servicer (in such capacity, the “Servicer”) and as the custodian (in such capacity, the “Custodian”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as a lender (the “WF Lender”), the LENDERS FROM TIME TO TIME PARTY THERETO, as lenders (together with the WF Lender, the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as the deal agent (in such capacity, together with its successors and assigns, the “Deal Agent”), and COMPUTERSHARE TRUST COMPANY, N.A. (as successor to Wells Fargo Bank, National Association), as the backup servicer (in such capacity, together with its successors and assigns, the “Backup Servicer”) and as the collateral agent (in such capacity, together with its successors
AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • July 31st, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
I, Douglas W. Busk, on this date of [ ], 2021, hereby certify that I am the duly executed, qualified and acting Chief Treasury Officer of CAC Warehouse Funding LLC II, a Delaware limited liability company (the “Company”), and that, as such, I have access to its corporate records and am familiar with the matters certified herein, and I am authorized to execute and deliver this certificate in the name and on behalf of the Company, and that:
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 26th, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
This LOAN AND SECURITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made as of December 15, 2022, among:
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 22nd, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower was formed for the purpose of taking assignments of, and holding, various assets, including loans to dealers and motor vehicle finance contracts, amounts received on or in respect of such finance contracts and proceeds of the foregoing;
Fifth Amendment to Amended and Restated Loan and Security Agreement This Fifth Amendment to Amended and Restated Loan and Security Agreement, dated as of December 29, 2023 (this “Amendment”), is made pursuant to that certain Amended and Restated Loan...Loan and Security Agreement • January 4th, 2024 • Credit Acceptance Corp • Personal credit institutions • New York
Whereas, the Borrower is party to that certain Loan and Security Agreement, dated as of August 19, 2011 (the “Original Closing Date”), among the Borrower, the Servicer, the Custodian, BMO as the lender, the Deal Agent, the Collateral Agent and the Backup Servicer (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Prior Agreement”);
LOAN AND SECURITY AGREEMENT Dated as of November 30, 2023 Among CREDIT ACCEPTANCE FUNDING LLC 2023-A as the Borrower CREDIT ACCEPTANCE CORPORATION as the Originator, the Servicer and the Custodian THE LENDERS FROM TIME TO TIME PARTY HERETO WELLS FARGO...Loan and Security Agreement • December 4th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 26th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
Whereas, the Borrower desires that the Lenders extend financing to the Borrower on the terms and conditions set forth herein;
FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 9th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
(this “Amendment”), is made pursuant to that certain Loan and Security Agreement, dated as of September 30, 2015, as amended by the First Amendment to Loan and Security Agreement, dated as of July 18, 2017, as amended by the Second Amendment to Loan and Security Agreement, dated as of July 25, 2019, as amended by the Third Amendment to Loan and Security Agreement, dated as of October 15, 2021, and as amended by the Fourth Amendment to Loan and Security Agreement, dated as of August 18, 2022 (as so amended, the “Agreement”), among CAC Warehouse Funding LLC VI, a Delaware limited liability company (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance,” the “Originator,” the “Servicer” or the “Custodian”), Flagstar Bank, N.A. (successor-by-conversion to Flagstar Bank, fsb), as lender (the “Lender”), Flagstar Bank, N.A. (successor-by-conversion to Flagstar Bank, fsb), as deal agent (the “Deal Agent”), and Flagstar Bank, N.A. (successor-by-conversion to
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 4th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
I, Douglas W. Busk, on this date of [ ], 2021, hereby certify that I am the duly executed, qualified and acting Chief Treasury Officer of CAC Warehouse Funding LLC II, a Delaware limited liability company (the “Company”), and that, as such, I have access to its corporate records and am familiar with the matters certified herein, and I am authorized to execute and deliver this certificate in the name and on behalf of the Company, and that:
EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 3rd, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
This EIGHTH AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of December 27, 2022 (this “Amendment”), is entered into by and among CAC Warehouse Funding LLC V, a Delaware limited liability company, as borrower (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance”), as originator (the “Originator”), servicer (the “Servicer”) and custodian (the “Custodian”), and Fifth Third Bank, National Association, a national banking association, as lender (the “Lender”), deal agent (the “Deal Agent”) and collateral agent (the “Collateral Agent”).
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 3rd, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower was formed for the purpose of taking assignments of, and holding, various assets, including loans to dealers and motor vehicle finance contracts, amounts received on or in respect of such finance contracts and proceeds of the foregoing;
LOAN AND SECURITY AGREEMENT Dated as of December 15, 2022 Among CREDIT ACCEPTANCE FUNDING LLC 2022-2 as the Borrower CREDIT ACCEPTANCE CORPORATION as the Originator, Servicer and Custodian BANK OF MONTREAL as a Lender, and the other Lenders from time...Loan and Security Agreement • December 21st, 2022 • Credit Acceptance Corp • Personal credit institutions • New York
(2)CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance,” the “Originator,” the “Servicer” or the “Custodian”);
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 1st, 2022 • Credit Acceptance Corp • Personal credit institutions • New York
This SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENT, dated as of July 22, 2022 (this “Amendment”), is entered into by and among CAC Warehouse Funding LLC VIII, a Delaware limited liability company (the “Borrower”), Credit Acceptance Corporation, a Michigan corporation (“Credit Acceptance”, the “Originator”, the “Servicer” or the “Custodian”), Citizens Bank, N.A., as the lender (the “Lender”), as the deal agent (the “Deal Agent”) and as the collateral agent (the “Collateral Agent”), and Wells Fargo Bank, National Association, a national banking association, as the backup servicer (the “Backup Servicer”).
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 23rd, 2022 • Credit Acceptance Corp • Personal credit institutions • New York
EXHIBIT F — Form of Contribution Agreement EXHIBIT G — Form of Variable Funding Note EXHIBIT H — Form of Dealer Agreement EXHIBIT I — Forms of Contracts
Third Amendment to Loan and Security AgreementLoan and Security Agreement • October 21st, 2021 • Credit Acceptance Corp • Personal credit institutions • New York
Whereas, each of the Servicer, the Custodian, the Deal Agent and the Collateral Agent has been requested and is willing to act in certain capacities in accordance with the terms hereof.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • September 8th, 2021 • Credit Acceptance Corp • Personal credit institutions • New York
Whereas, the Borrower desires that the Lenders extend financing to the Borrower on the terms and conditions set forth herein;
SEVENTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of April 30, 2021 Among CAC WAREHOUSE FUNDING LLC II as the Borrower CREDIT ACCEPTANCE CORPORATION as the Servicer and Custodian WELLS FARGO BANK, NATIONAL ASSOCIATION as a Lender, and...Loan and Security Agreement • July 29th, 2021 • Credit Acceptance Corp • Personal credit institutions • New York
(1)CAC WAREHOUSE FUNDING LLC II, a Delaware limited liability company (formerly CAC Warehouse Funding Corporation II, a Nevada corporation) (the “Borrower”);
AMENDMENT NO. 5 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 4th, 2021 • Credit Acceptance Corp • Personal credit institutions • New York
(2)CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance”, the “Originator”, the “Servicer” or the “Custodian”);
U.S. $500,000,000 LOAN AND SECURITY AGREEMENT Dated as of August 28, 2019 AmongLoan and Security Agreement • September 4th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower was formed for the purpose of taking assignments of, and holding, various assets, including loans to dealers and motor vehicle finance contracts, amounts received on or in respect of such finance contracts and proceeds of the foregoing;
LOAN AND SECURITY AGREEMENT Dated as of July 26, 2019Loan and Security Agreement • July 29th, 2019 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower desires that the Lenders extend financing to the Borrower on the terms and conditions set forth herein;
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of May 10, 2018Loan and Security Agreement • May 15th, 2018 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower is party to that certain Loan and Security Agreement, dated as of August 19, 2011 (the “Original Closing Date”), among the Borrower, the Servicer, the Custodian, BMO as the lender, the Deal Agent, the Collateral Agent and the Backup Servicer (as amended, restated, supplemented or otherwise modified from time to time prior to the date hereof, the “Prior Agreement”);
U.S. $150,000,000 LOAN AND SECURITY AGREEMENT Dated as of December 1, 2017 among CAC WAREHOUSE FUNDING LLC VII, as the Borrower, CREDIT ACCEPTANCE CORPORATION, Individually and as the Originator, the Servicer and the Custodian, THE LENDERS FROM TIME...Loan and Security Agreement • December 7th, 2017 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower desires that the Lenders extend financing to the Borrower on the terms and conditions set forth herein;
SIXTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of June 23, 2016 AmongLoan and Security Agreement • June 28th, 2016 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower, Credit Acceptance, Wells Fargo (as successor to Wachovia Bank, National Association), in its capacity as investor and in its capacity as liquidity agent, Variable Funding Capital Company LLC, Wells Fargo Securities, LLC, in its capacity as Deal Agent, and Wells Fargo, in its capacity as Collateral Agent and in its capacity as Backup Servicer, have entered into a Fifth Amended and Restated Loan and Security Agreement, dated as of December 27, 2012 (as amended through the date hereof, the “Existing Loan and Security Agreement”); and
U.S. $385,000,000 LOAN AND SECURITY AGREEMENT Dated as of February 26, 2016 AmongLoan and Security Agreement • March 3rd, 2016 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, the Borrower was formed for the purpose of taking assignments of, and holding, various assets, including loans to dealers and motor vehicle finance contracts, amounts received on or in respect of such finance contracts and proceeds of the foregoing;
LOAN AND SECURITY AGREEMENT Dated as of September 30, 2015Loan and Security Agreement • October 5th, 2015 • Credit Acceptance Corp • Personal credit institutions • New York
WHEREAS, each of the Servicer, the Custodian, the Deal Agent and the Collateral Agent has been requested and is willing to act in certain capacities in accordance with the terms hereof.
U.S. $325,000,000 FIFTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of December 27, 2012 Among CAC WAREHOUSE FUNDING CORPORATION II as the Borrower CREDIT ACCEPTANCE CORPORATION as the Servicer and Custodian WELLS FARGO BANK, NATIONAL...Loan and Security Agreement • January 3rd, 2013 • Credit Acceptance Corp • Personal credit institutions • New York
JOINDER, dated as of _______________, 20__ (this “Joinder”), among the commercial paper conduit identified in Item 2 of Schedule I hereto (the “Proposed Conduit”), the Liquidity Agent for the Proposed Conduit named in Item 3 of Schedule I hereto (a “Liquidity Agent”), its related investors (“Investors”), CAC Warehouse Funding Corporation II (the “Borrower”), Credit Acceptance Corporation , as originator and servicer (“Credit Acceptance”), and Wells Fargo Securities, LLC, as deal agent (the “Deal Agent”).
U.S. $75,000,000 AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Dated as of June 29, 2012 Among CAC WAREHOUSE FUNDING III, LLC as the Borrower CREDIT ACCEPTANCE CORPORATION as the Servicer and Custodian FIFTH THIRD BANK as the Lender, the Deal Agent...Loan and Security Agreement • July 6th, 2012 • Credit Acceptance Corp • Personal credit institutions • New York
CONDITION PRECEDENT DOCUMENTS RESPONSIBLE PARTY I. TRANSACTION DOCUMENTS A. Amended and Restated Loan and Security Agreement Skadden Exhibits to Amended and Restated Loan and Security Agreement Exhibit A Form of Funding Notice Attached Exhibit B Form of Assignment and Acceptance Attached Exhibit C Form of Monthly Report Fifth Third Exhibit D Form of Take-Out Release Skadden Exhibit E Form of Hedging Agreement (including Schedule and Confirmation) Credit Acceptance Exhibit F Form of Officer’s Certificate Borrower Exhibit G Form of Release Attached Exhibit H Form of Contribution Agreement Skadden Exhibit I Form of Variable Funding Note Attached Exhibit J Form of Dealer Agreement Credit Acceptance Exhibit K Form of Contracts Credit Acceptance Exhibit L Form of Backup Servicing Agreement Attached Exhibit M Form of Purchase Agreement Attached Schedules to Amended and Restated Loan and Security Agreement Schedule I [Reserved] Schedule II Credit and Collection Guidelines Credit Acceptance Sch
ContractLoan and Security Agreement • August 24th, 2011 • Credit Acceptance Corp • Personal credit institutions • New York
