SALE AND SERVICING AGREEMENT Dated as of December 3, 2009Sale and Servicing Agreement • December 9th, 2009 • Credit Acceptance Corp • Personal credit institutions • New York
This Sale and Servicing Agreement, dated as of December 3, 2009, among CREDIT ACCEPTANCE AUTO LOAN TRUST 2009-1 (the “Issuer” or the “Trust”), CREDIT ACCEPTANCE FUNDING LLC 2009-1, a Delaware limited liability company, as Seller (the “Seller”), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation, in its individual capacity (“Credit Acceptance”) and as Servicer (the “Servicer”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States, in its capacity as Backup Servicer, Trust Collateral Agent and Indenture Trustee (the “Backup Servicer,” “Trust Collateral Agent” and “Indenture Trustee”).
BACKUP SERVICING AGREEMENTBackup Servicing Agreement • December 9th, 2009 • Credit Acceptance Corp • Personal credit institutions • New York
BACKUP SERVICING AGREEMENT (the “Agreement”), dated as of December 3, 2009, among WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States (“Wells Fargo”), as backup servicer (the “Backup Servicer”), and as trust collateral agent (the “Trust Collateral Agent”), CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“Credit Acceptance” or the “Servicer”), CREDIT ACCEPTANCE FUNDING LLC 2009-1, a Delaware limited liability company (the “Seller”) and CREDIT ACCEPTANCE AUTO LOAN TRUST 2009-1, a Delaware statutory trust (the “Trust” or the “Issuer”) .
AMENDED AND RESTATED TRUST AGREEMENT between CREDIT ACCEPTANCE FUNDING LLC 2009-1 Seller and U.S. BANK TRUST NATIONAL ASSOCIATION Owner Trustee Dated as of December 3, 2009Trust Agreement • December 9th, 2009 • Credit Acceptance Corp • Personal credit institutions • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT dated as of December 3, 2009 between CREDIT ACCEPTANCE FUNDING LLC 2009-1, a Delaware limited liability company (the “Seller”), and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, as Owner Trustee (solely in such capacity and not in its individual capacity, the “Owner Trustee”).
SALE AND CONTRIBUTION AGREEMENTSale and Contribution Agreement • December 9th, 2009 • Credit Acceptance Corp • Personal credit institutions • Michigan
This SALE AND CONTRIBUTION AGREEMENT, dated as of December 3, 2009 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”) and CREDIT ACCEPTANCE FUNDING LLC 2009-1, a Delaware limited liability company (“Funding”).
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 9th, 2009 • Credit Acceptance Corp • Personal credit institutions • New York
This Intercreditor Agreement (this “Agreement”), dated December 3, 2009, is among Credit Acceptance Corporation (“CAC”), CAC Warehouse Funding Corporation II (“Warehouse Funding II”), CAC Warehouse Funding III, LLC (“Warehouse Funding III”), Credit Acceptance Funding LLC 2008-1 (“Funding 2008-1”), Credit Acceptance Funding LLC 2009-1 (“Funding 2009-1”), Credit Acceptance Auto Loan Trust 2008-1 (the “2008-1 Trust”), Credit Acceptance Auto Loan Trust 2009-1 (the “2009-1 Trust”), Wells Fargo Securities, LLC, as deal agent and collateral agent under the Wells Fargo Warehouse Securitization Documents (“Wells Fargo Securities”), Fifth Third Bank, as agent under the Fifth Third Securitization Documents (“Fifth Third”), Wells Fargo Bank, National Association, as indenture trustee and trust collateral agent under the 2008-1 Securitization Documents (in either such capacity, the “2008-1 Trustee”, as the context requires), Wells Fargo Bank, National Association, as indenture trustee and trust col
