AMENDED AND RESTATED TRUST AGREEMENT between CREDIT ACCEPTANCE FUNDING LLC 2010-1 Seller and U.S. BANK TRUST NATIONAL ASSOCIATION Owner Trustee Dated as of November 4, 2010Trust Agreement • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT dated as of November 4, 2010 between CREDIT ACCEPTANCE FUNDING LLC 2010-1, 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 • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • New York
This SALE AND CONTRIBUTION AGREEMENT, dated as of November 4, 2010 (the “Agreement”), is made between CREDIT ACCEPTANCE CORPORATION, a Michigan corporation (“CAC”) and CREDIT ACCEPTANCE FUNDING LLC 2010-1, a Delaware limited liability company (“Funding”).
SALE AND SERVICING AGREEMENT Dated as of November 4, 2010Sale and Servicing Agreement • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • New York
This Sale and Servicing Agreement, dated as of November 4, 2010, among CREDIT ACCEPTANCE AUTO LOAN TRUST 2010-1 (the “Issuer” or the “Trust”), CREDIT ACCEPTANCE FUNDING LLC 2010-1, 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 • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • New York
BACKUP SERVICING AGREEMENT (the “Agreement”), dated as of November 4, 2010, 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 2010-1, a Delaware limited liability company (the “Seller”) and CREDIT ACCEPTANCE AUTO LOAN TRUST 2010-1, a Delaware statutory trust (the “Trust” or the “Issuer”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENTAmended and Restated Intercreditor Agreement • November 8th, 2010 • Credit Acceptance Corp • Personal credit institutions • New York
This Amended and Restated Intercreditor Agreement (this “Agreement”), dated November 4, 2010, 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 2010-1 (“Funding 2010-1”), Credit Acceptance Funding LLC 2009-1 (“Funding 2009-1”), Credit Acceptance Auto Loan Trust 2010-1 (the “2010-1 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 2010-1 Securitization Documents (in either such capacity, the “2010-1 Trustee”, as the context requires), Wells Fargo Bank, National Association, as indenture
