AMENDED AND RESTATED TRUST AGREEMENT between CREDIT ACCEPTANCE FUNDING LLC 2011-1 Seller and Owner Trustee Dated as of October 6, 2011Trust Agreement • October 12th, 2011 • Credit Acceptance Corp • Personal credit institutions • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT dated as of October 6, 2011 between CREDIT ACCEPTANCE FUNDING LLC 2011-1, a Delaware limited liability company (the “Seller”), and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, as Owner Trustee (solely in such capacity and not in its individual capacity, the “Owner Trustee”).
SALE AND CONTRIBUTION AGREEMENTSale and Contribution Agreement • October 12th, 2011 • Credit Acceptance Corp • Personal credit institutions • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of October 6, 2011 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”) and CREDIT ACCEPTANCE FUNDING LLC 2011-1, a Delaware limited liability company (“Funding”).
CREDIT ACCEPTANCE AUTO LOAN TRUST 2011-1 CLASS A ASSET BACKED NOTES CLASS B ASSET BACKED NOTES CLASS C ASSET BACKED NOTES CREDIT ACCEPTANCE AUTO LOAN TRUST 2011-1, as the Issuer CREDIT ACCEPTANCE FUNDING LLC 2011-1, as the Seller CREDIT ACCEPTANCE...Sale and Servicing Agreement • October 12th, 2011 • Credit Acceptance Corp • Personal credit institutions • New York
shall provide the Rating Agencies with prompt written notice of any breach of the Perfection Representations, Warranties or Covenants, and shall not, without obtaining a confirmation of the then-current ratings of the Notes as determined after any adjustment or withdrawal of the ratings following notice of such breach, waive a breach of any of the Perfection Representations, Warranties or Covenants.
BACKUP SERVICING AGREEMENTBackup Servicing Agreement • October 12th, 2011 • Credit Acceptance Corp • Personal credit institutions • New York
BACKUP SERVICING AGREEMENT (the “Agreement”), dated as of October 6, 2011, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States (“Wells Fargo”), as backup servicer (the “Backup Servicer”), and as trust collateral agent (the “Trust Collateral Agent”), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance” or the “Servicer”), CREDIT ACCEPTANCE FUNDING LLC 2011-1, a Delaware limited liability company (the “Seller”) and CREDIT ACCEPTANCE AUTO LOAN TRUST 2011-1, a Delaware statutory trust (the “Trust” or the “Issuer”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTIntercreditor Agreement • October 12th, 2011 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated October 6, 2011, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding III, LLC (“Warehouse Funding III”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), Credit Acceptance Funding LLC 2011-1 (“Funding 2011-1”), Credit Acceptance Funding LLC 2010-1 (“Funding 2010-1”), Credit Acceptance Funding LLC 2009-1 (“Funding 2009-1”), Credit Acceptance Auto Loan Trust 2011-1 (the “2011-1 Trust”), Credit Acceptance Auto Loan Trust 2010-1 (the “2010-1 Trust”), Credit Acceptance Auto Loan Trust 2009-1 (the “2009-1 Trust”), Wells Fargo Bank, National Association, as collateral agent under the Wells Fargo Warehouse Securitization Documents (“Wells Fargo”), Fifth Third Bank, as agent under the Fifth Third Securitization Documents (“Fifth Third”), Wells Fargo Bank, National Association, as indenture trustee and trust collateral agent under the
