0000929638-19-000858 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] Seller and [OWNER TRUSTEE] Owner Trustee Dated as of [_____], 20[__]
Trust Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware statutory trust, as depositor (the “Seller”), and [OWNER TRUSTEE], a [_______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__] (the “Initial Trust Agreement”), between [EFCAR, LLC], as depositor (the “Initial Depositor”) and the Owner Trustee.

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DEPOSIT ACCOUNT CONTROL AGREEMENT (Access Restricted Immediately)
Deposit Account Control Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

This Deposit Account Control Agreement (the “Agreement”), dated as of the date specified on the page immediately before the initial signature page of this Agreement, is entered into by and among Exeter Automobile Receivables Trust 20[__]-[__], a Delaware statutory trust (“Company”), Exeter Finance LLC, a Delaware limited liability company (“Servicer”), [Indenture Trustee], as indenture trustee for the benefit of certain noteholders (in such capacity, “Secured Party”) under an indenture (the “Indenture”) dated as of [_____], 20[__], and [Lockbox Bank] (“Bank”), and sets forth the rights of Secured Party and the obligations of Bank with respect to the deposit accounts of Company at Bank identified at the end of this Agreement as the Collateral Accounts (each hereinafter referred to individually as a “Collateral Account” and collectively as the “Collateral Accounts”). Each account designated as a Collateral Account includes, for purposes of this Agreement, and without the necessity of sep

ISDA®
2002 Master Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.

CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and [INDENTURE TRUSTEE] as Indenture Trustee Dated as of [_____], 20[__]
Custodian Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

THIS CUSTODIAN AGREEMENT, dated as of [_____], 20[__], is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 20[__]-[__] (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 [INDENTURE TRUSTEE], a [______], 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).

SALE AGREEMENT among EFCAR, LLC Purchaser EXETER FINANCE LLC Representation Provider and [SELLER] Seller Dated as of [Date]
Sale Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

THIS SALE AGREEMENT, dated as of [Date], executed among EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”), [Seller], a [______], as Seller (“Seller”) and Exeter Finance LLC, a Delaware limited liability company, as Representation Provider (“Representation Provider”).

CONTRIBUTION AGREEMENT between EXETER HOLDINGS TRUST 20[__]-[__] Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] Transferor Dated as of [_____], 20[__]
Contribution Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

THIS CONTRIBUTION AGREEMENT, dated as of [_____], 20[__], is executed between Exeter Holdings Trust 20[__]-[__], a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 20[__]-[__], a Delaware statutory trust, as Transferor (“Transferor”).

AMENDED AND RESTATED TRUST AGREEMENT (Issuer) between EFCAR, LLC Seller and [OWNER TRUSTEE] Owner Trustee Dated as of [_____], 20[__]
Trust Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [_____], 20[__], between EFCAR, LLC, a Delaware limited liability company, as depositor (the “Seller”), and [OWNER TRUSTEE], a [______], as Owner Trustee, amends and restates in its entirety that certain Trust Agreement dated as of [_____], 20[__], between the Seller and the Owner Trustee.

PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of [Date]
Purchase Agreement • September 19th, 2019 • Efcar, LLC • Asset-backed securities • New York

THIS PURCHASE AGREEMENT, dated as of [Date], executed between EFCAR, LLC, a Delaware limited liability company, as purchaser (“Purchaser”) and Exeter Finance LLC, a Delaware limited liability company, as Seller (“Seller”).

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