AMENDED AND RESTATED TRUST AGREEMENT (Holding Trust) between EXETER AUTOMOBILE RECEIVABLES TRUST 2023-5 Seller and WILMINGTON TRUST COMPANY Owner Trustee Dated as of October 22, 2023Trust Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • Delaware
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionThis AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 22, 2023, between EXETER AUTOMOBILE RECEIVABLES TRUST 2023-5, 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 May 12, 2023 (the “Initial Trust Agreement”), between EFCAR, LLC, as depositor (the “Initial Depositor”) and the Owner Trustee.
CUSTODIAN AGREEMENT amongCustodian Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • New York
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionTHIS CUSTODIAN AGREEMENT, dated as of October 22, 2023, is made with respect to the issuance of Notes and Certificates by Exeter Automobile Receivables Trust 2023-5 (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 AGREEMENT between EXETER HOLDINGS TRUST 2023-5 Transferee and EXETER AUTOMOBILE RECEIVABLES TRUST 2023-5 Transferor Dated as of October 22, 2023Contribution Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • New York
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionTHIS CONTRIBUTION AGREEMENT, dated as of October 22, 2023, is executed between Exeter Holdings Trust 2023-5, a Delaware statutory trust, as Transferee (“Transferee”) and Exeter Automobile Receivables Trust 2023-5, a Delaware statutory trust, as Transferor (“Transferor”).
PURCHASE AGREEMENT between EFCAR, LLC Purchaser and EXETER FINANCE LLC Seller Dated as of October 22, 2023Purchase Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • New York
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionTHIS PURCHASE AGREEMENT, dated as of October 22, 2023, 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 October 22, 2023Trust Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • Delaware
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionThis AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 22, 2023, 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 May 12, 2023, between the Seller and the Owner Trustee.
AGREEMENT among EXETER HOLDINGS TRUST 2023-5, Holding Trust, EFCAR, LLC, Seller, EXETER FINANCE LLC, Servicer, EXETER AUTOMOBILE RECEIVABLES TRUST 2023-5, Issuer, and CITIBANK, N.A., Indenture Trustee and Backup Servicer Dated as of October 22, 2023Sale and Servicing Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities • New York
Contract Type FiledNovember 15th, 2023 Company Industry JurisdictionSALE AND SERVICING AGREEMENT dated as of October 22, 2023, among EXETER HOLDINGS TRUST 2023-5, 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 2023-5, a Delaware statutory trust (“Issuer”), and CITIBANK, N.A., a national banking association, in its capacity as Indenture Trustee and as Backup Servicer.
ACCESSION AGREEMENTAccession Agreement • November 15th, 2023 • Exeter Automobile Receivables Trust 2023-5 • Asset-backed securities
Contract Type FiledNovember 15th, 2023 Company IndustryThis is an Accession Agreement and is being entered into pursuant to the Agreement. Each undersigned Other Party hereby: (i) acknowledges and confirms that it has received a copy of the Agreement, (ii) agrees to be bound by the terms and conditions of the Agreement as if it were an original signatory thereto, (iii) acknowledges that it only has and will only have at any time rights to Remittances in respect of the Receivables that are owned by or pledged at such time to such Other Party pursuant to a Transaction Document under the related Transaction described in (A) below: