AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-6 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of November 15, 2022Trust Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 15, 2022, between EXETER AUTOMOBILE RECEIVABLES TRUST 2022-6, 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 June 23, 2022 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
CUSTODIAN AGREEMENT among EXETER FINANCE LLC, as Custodian, EXETER FINANCE LLC, as Servicer, and CITIBANK, N.A., as Indenture Trustee Dated as of November 15, 2022Custodian Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • New York
THIS CUSTODIAN AGREEMENT, dated as of November 15, 2022, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2022-6 (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).
CONTRIBUTION AGREEMENTContribution Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • New York
THIS CONTRIBUTION AGREEMENT, dated as of November 15, 2022, is executed between Exeter Holdings Trust 2022-6, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2022-6, a Delaware statutory trust, as Transferor (“Transferor”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of November 15, 2022Purchase Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • New York
THIS PURCHASE AGREEMENT, dated as of November 15, 2022, 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 (Issuer) between EFCAR, LLC Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of November 15, 2022Trust Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 15, 2022, 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 June 23, 2022, between the Seller and the Owner Trustee.
SALE AND SERVICING AGREEMENT among EXETER HOLDINGS TRUST 2022-6, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2022-6, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of...Sale and Servicing Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • New York
SALE AND SERVICING AGREEMENT dated as of November 15, 2022, among EXETER HOLDINGS TRUST 2022-6, 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 2022-6, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • Asset-backed securities • New York
This INTERCREDITOR AGREEMENT, dated as of December 9, 2022 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among (i) EXETER FINANCE LLC (“Exeter”), as servicer (the “Servicer”), (ii) CITIBANK, N.A., as intercreditor agent (in such capacity, the “Intercreditor Agent”), and (iii) each Other Party that becomes a party hereto from time to time pursuant to an Accession Agreement.
DEPOSIT ACCOUNT CONTROL AGREEMENTDeposit Account Control Agreement • December 9th, 2022 • Exeter Automobile Receivables Trust 2022-6 • 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 Finance LLC, a Delaware limited liability company (“Company”), Citibank, N.A., a national banking association, as intercreditor agent (in such capacity, “Secured Party”) and Wells Fargo Bank, National Association (“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 separately listing subaccount numbers, all subaccounts presently existing or hereafter established for deposit reporting purposes and integrated
