0000885550-23-000143 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT among CREDIT ACCEPTANCE FUNDING LLC 2023-5 Seller THE REGULAR TRUSTEES and COMPUTERSHARE DELAWARE TRUST COMPANY Owner Trustee Dated as of December 21, 2023
Trust Agreement • December 27th, 2023 • Credit Acceptance Corp • Personal credit institutions • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 21, 2023, among CREDIT ACCEPTANCE FUNDING LLC 2023-5, a Delaware limited liability company, as sponsor and seller (together with its successors and assigns in such capacity, the “Seller”), each of the initial members of the Board of Trustees of the Trust, as Regular Trustees, and COMPUTERSHARE DELAWARE TRUST COMPANY, a Delaware limited purpose trust company, as owner trustee (solely in such capacity and not in its individual capacity and together with its successors and assigns in such capacity, the “Owner Trustee”).

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SALE AND CONTRIBUTION AGREEMENT
Sale and Contribution Agreement • December 27th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York

This SALE AND CONTRIBUTION AGREEMENT, dated as of December 21, 2023 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”), and CREDIT ACCEPTANCE FUNDING LLC 2023-5, a Delaware limited liability company (“Funding”).

BACKUP SERVICING AGREEMENT Dated as of December 21, 2023
Backup Servicing Agreement • December 27th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York
AMENDED AND RESTATED INTERCREDITOR AGREEMENT
Intercreditor Agreement • December 27th, 2023 • Credit Acceptance Corp • Personal credit institutions • New York

This Amended and Restated Intercreditor Agreement (this “Agreement”), dated December 21, 2023, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding LLC II (“Warehouse Funding II”), CAC Warehouse Funding LLC IV (“Warehouse Funding IV”), CAC Warehouse Funding LLC V (“Warehouse Funding V”), CAC Warehouse Funding LLC VI (“Warehouse Funding VI”), CAC Warehouse Funding LLC VIII (“Warehouse Funding VIII”), Credit Acceptance Funding LLC 2023-5 (“Funding 2023-5”), Credit Acceptance Funding LLC 2023-A (“Funding 2023-A”), Credit Acceptance Funding LLC 2023-3 (“Funding 2023-3”), Credit Acceptance Funding LLC 2023-2 (“Funding 2023-2”), Credit Acceptance Funding LLC 2023-1 (“Funding 2023-1”), Credit Acceptance Funding LLC 2022-3 (“Funding 2022-3”), Credit Acceptance Funding LLC 2022-2 (“Funding 2022-2”), Credit Acceptance Funding LLC 2022-1 (“Funding 2022-1”), Credit Acceptance Funding LLC 2021-4 (“Funding 2021-4”), Credit Acceptance Funding LLC 2021-3 (“Funding 2021-3”), Credit Acc

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