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Efcar, LLC, et al. – ‘8-K’ for 3/26/24 – ‘EX-36.1’

On:  Thursday, 3/28/24, at 3:06pm ET   ·   For:  3/26/24   ·   Accession #:  929638-24-1281   ·   File #s:  333-233850, 333-268757-07

Previous ‘8-K’:  ‘8-K’ on 2/6/24 for 2/1/24   ·   Latest ‘8-K’:  This Filing   ·   1 Reference:  To:  Efcar, LLC – ‘8-K’ on / for 12/9/22

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 3/28/24  Efcar, LLC                        8-K:1,8,9   3/26/24   12:3.2M                                   Bingham McCutchen LLP/FA
          Exeter Automobile Receivables Trust 2024-2

Asset-Backed Securities (ABS)

Asset Class:  Auto loans   ·   Sponsor:  Exeter Finance LLC   ·   Depositor:  Efcar, LLC


Current Report   —   Form 8-K

Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         Current Report                                      HTML     38K 
 2: EX-1.1      Underwriting Agreement or Conflict Minerals Report  HTML    240K 
 3: EX-4.2      Indenture                                           HTML   1.02M 
 4: EX-4.3      Amended and Restated Trust Agreement of the Trust   HTML    353K 
 5: EX-4.4      Amended and Restated Trust Agreement of the         HTML    295K 
                Holdings Trust                                                   
 6: EX-4.5      Sale and Servicing Agreement                        HTML    828K 
 7: EX-10.1     Purchase Agreement                                  HTML    135K 
 8: EX-10.2     Contribution Agreement                              HTML    100K 
 9: EX-10.4     Asset Representations Review Agreement              HTML    181K 
10: EX-10.5     Custodian Agreement                                 HTML     78K 
11: EX-10.7     Accession Agreement                                 HTML     16K 
12: EX-36.1     Depositor Certification for a Shelf Offering        HTML      9K 


‘EX-36.1’   —   Depositor Certification for a Shelf Offering


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



 C: 
Exhibit 36.1


Certification
 
I, Ben Miller, certify as of March 26, 2024 that:
 
1.            I have reviewed the prospectus relating to the Class A-1 Notes, Class A-2 Notes, Class A-3 Notes, Class B Notes, Class C Notes and the Class D Notes of Exeter Automobile Receivables Trust 2024-2 (the “securities”) and am familiar with, in all material respects, the following: the characteristics of the securitized assets underlying the offering (the “securitized assets”), the structure of the securitization, and all material underlying transaction agreements as described in the prospectus;
 
2.            Based on my knowledge, the prospectus does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading;
 
3.            Based on my knowledge, the prospectus and other information included in the registration statement of which it is a part fairly present, in all material respects, the characteristics of the securitized assets, the structure of the securitization and the risks of ownership of the securities, including the risks relating to the securitized assets that would affect the cash flows available to service payments or distributions on the securities in accordance with their terms; and
 
4.            Based on my knowledge, taking into account all material aspects of the characteristics of the securitized assets, the structure of the securitization, and the related risks as described in the prospectus, there is a reasonable basis to conclude that the securitization is structured to produce, but is not guaranteed by this certification to produce, expected cash flows at times and in amounts to service scheduled payments of interest and the ultimate repayment of principal on the securities (or other scheduled or required distributions on the securities, however denominated) in accordance with their terms as described in the prospectus.
 
The foregoing certifications are given subject to any and all defenses available to me under the federal securities laws, including any and all defenses available to an executive officer that signed the registration statement of which the prospectus referred to in this certification is part.
 
 
/s/ Ben Miller                                                  
Ben Miller
Chief Executive Officer of EFCAR, LLC




Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘8-K’ Filing    Date    Other Filings
Filed on:3/28/24
For Period end:3/26/24FWP
 List all Filings 


1 Previous Filing that this Filing References

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

12/09/22  Efcar, LLC                        8-K:1,9    12/09/22   11:3.2M                                   Bingham McCutchen LLP/FA
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Filing Submission 0000929638-24-001281   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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