BAY VIEW 2005 WAREHOUSE TRUST ISSUER AND JPMORGAN CHASE BANK, NATIONAL ASSOCIATION INDENTURE TRUSTEE SECOND AMENDED AND RESTATED INDENTURE DATED AS OF SEPTEMBER 1, 2006 BAY VIEW 2005 WAREHOUSE TRUST AUTOMOBILE RECEIVABLES-BACKED NOTES, SERIES 2005-1Indenture • September 13th, 2006 • Americredit Corp • Finance services • New York
THIS SECOND AMENDED AND RESTATED INDENTURE (as amended or supplemented from time to time, the “Indenture”) is dated and made as of September 1, 2006, between Bay View 2005 Warehouse Trust, a statutory trust organized under the laws of the State of Delaware, as issuer (the “Issuer”), and JPMorgan Chase Bank, National Association, a national banking association, as trustee (the “Indenture Trustee”).
AMENDED AND RESTATED CONTRIBUTION AGREEMENT by and between AMERICREDIT FINANCIAL SERVICES, INC., as Contributor, and BAY VIEW WAREHOUSE CORPORATION, as DepositorContribution Agreement • September 13th, 2006 • Americredit Corp • Finance services • New York
THIS AMENDED AND RESTATED CONTRIBUTION AGREEMENT (the “Agreement”) is made as of September 7, 2006, by and between AMERICREDIT FINANCIAL SERVICES, INC. (“AmeriCredit”) a Delaware corporation, as assignee of Bay View Acceptance Corporation, as contributor (the “Contributor”), and BAY VIEW WAREHOUSE CORPORATION, a corporation established under the laws of the State of Delaware (the “Depositor”), having its principal place of business in Fort Worth, Texas.
SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENT among AMERICREDIT FINANCIAL SERVICES, INC. (the “Contributor”) BAY VIEW 2005 WAREHOUSE TRUST (the “Issuer”) FALCON ASSET SECURITIZATION COMPANY LLC and FAIRWAY FINANCE COMPANY, LLC (the “Initial...Note Purchase Agreement • September 13th, 2006 • Americredit Corp • Finance services • New York
THIS SECOND AMENDED AND RESTATED NOTE PURCHASE AGREEMENT (the “Agreement”) is dated and made as of September 7, 2006, by and among Bay View 2005 Warehouse Trust (the “Issuer”), AMERICREDIT FINANCIAL SERVICES, INC. (the “Contributor”), FALCON ASSET SECURITIZATION COMPANY LLC (formerly Falcon Asset Securitization Corporation) and FAIRWAY FINANCE COMPANY, LLC, as the initial Noteholders (the “Initial Purchasers”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and BANK OF MONTREAL (the “Financial Institutions”; and together with the Initial Purchasers, the “Purchasers”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION and BMO CAPITAL MARKETS CORP. (formerly Harris Nesbitt Corp.), as Lender Group Agents (as defined below), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as administrative agent for the Purchasers and the Lender Group Agents (the “Administrative Agent”).
SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT by and among BAY VIEW 2005 WAREHOUSE TRUST, as Issuer, BAY VIEW WAREHOUSE CORPORATION, as Depositor AMERICREDIT FINANCIAL SERVICES, INC., as Servicer and as Contributor and JPMORGAN CHASE BANK,...Sale and Servicing Agreement • September 13th, 2006 • Americredit Corp • Finance services • New York
THIS SECOND AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (as amended and supplemented from time to time, the “Sale and Servicing Agreement” or the “Agreement”) is made as of September 7, 2006, by and among BAY VIEW 2005 WAREHOUSE TRUST, a statutory trust established under the laws of the State of Delaware, as issuer (the “Issuer”), BAY VIEW WAREHOUSE CORPORATION, a corporation established under the laws of the State of Delaware, as depositor (the “Depositor”), AMERICREDIT FINANCIAL SERVICES, INC. (“AMERICREDIT”), a Delaware corporation, as assignee of Bay View Acceptance Corporation, as servicer (the “Servicer”) and as contributor (the “Contributor”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”) and as backup servicer (the “Backup Servicer”).
