Attached files
FORM 10-K/A
OF 1934
ACT OF 1934
Securities registered pursuant to Section 12(g) of the Act: None
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. __Yes _X_No
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. __Yes _X_No
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange
Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days. _X_Yes __No
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data
File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (229.405 of this chapter) during the preceding 12 months
(or for such shorter period that the registrant was required to submit and post such files). _X_Yes __No
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be
contained, to the best of the registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this
form 10-K/A or any amendment to this Form 10-K/A. _X_
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting
company. See the definitions of "large accelerated filer," "accelerated filer" and "smaller reporting company" in Rule 12b-2 of the Exchange
Act. (Check one):
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). __Yes _X_No
State the aggregate market value of the voting and non-voting common equity held by nonaffiliates computed by reference to the price at
which the common equity was last sold, or the average bid and asked prices of such common equity, as of the last business day of the
registrant's most recently completed second fiscal quarter. Not applicable
document is incorporated: (1) Any annual report to security holder; (2) Any proxy or information statement; and (3) Any prospectus filed
pursuant to Rule 424(b) or (c) under the Securities Act of 1933. The listed documents should be clearly described for identification purposes
(e.g., annual report to security holders for the fiscal year ended December 24, 1980). None
Securities
BEING PROVIDED IN THIS REPORT ON FORM 10-K/A:
Instruments Financial Information.
Wilmington Trust Company (the "Owner Trustee"), the Issuing Entity, or any property thereof, that are material to
holders of the Asset Backed Notes issued by the Issuing Entity (the "Notes").
Depositor.
Trust 2010-1 asset backed certificates to the Depositor and through this issuance, the Depositor has acquired a 100%
ownership interest in the Issuing Entity; therefore, the Issuing Entity is an affiliated party of the Depositor and,
indirectly, of the Sponsor.
an unrelated party, apart from this asset-backed securities transaction involving the issuance of the Notes by the
Issuing Entity, between the Sponsor, the Depositor or the Issuing Entity and any of the parties, or affiliates of such
parties, mentioned in this Item.
the servicing function during the reporting period with respect to the pool assets held by the Issuing Entity. Each
Servicing Participant has completed a report on an assessment of compliance with the servicing criteria applicable to
such Servicing Participant (each, a "Report on Assessment") as of December 31, 2010 and for the reporting period,
which Reports on Assessment are attached as Exhibits 33.1 and 33.2 to this report on Form 10-K/A. In addition, each
Servicing Participant has provided an attestation report (each, an "Attestation Report") by a registered independent
to this report on Form 10-K/A. Neither the Indenture Trustee's Report on Assessment nor the Indenture Trustee's
Attestation Report has identified any material instance of noncompliance with the servicing criteria applicable to the
Indenture Trustee.
calendar days after the bank statement cut-off date.
initiated, conducted and concluded in accordance with the timeframes or other requirements established by
the transaction agreements.
MBFS believes that distributions to the security holders were not materially impacted as a result of the material
noncompliance noted above. Nevertheless, MBFS is exploring procedural and policy changes to achieve full
compliance with these requirements.
Number_
Depositor, DCFS USA LLC, and Citigroup Global Markets Inc. and Barclays Capital Inc., as
representatives of the several underwriters named therein (included in Exhibit 1.1 to the Form 8-K
of the Issuing Entity, as filed with the SEC on April 19, 2010, which is incorporated herein by
reference).
Registration Statement on Form S-3, No. 333-159281, as filed with the SEC on May 15, 2009,
which is incorporated herein by reference).
Registration Statement on Form S-3, No. 333-159281, as filed with the SEC on May 15, 2009,
which is incorporated herein by reference).
Association, as Indenture Trustee (included in Exhibit 4.1 to the Form 8-K of the Issuing Entity, as
filed with the SEC on April 19, 2010, which is incorporated herein by reference).
Number_
Receivables LLC, as Depositor, and Wilmington Trust Company, as Owner Trustee (included in
Exhibit 4.2 to the Form 8-K of the Issuing Entity, as filed with the SEC on April 19, 2010, which is
incorporated herein by reference).
Receivables LLC, as Depositor, and DCFS USA LLC, as Seller and as Servicer (included in
Exhibit 10.1 to the Form 8-K of the Issuing Entity, as filed with the SEC on April 19, 2010, which is
incorporated herein by reference).
18/15d-18 (Section 302 Certification).
USA LLC, as Servicer.
Indenture Trustee.
relating to Mercedes-Benz Financial Services USA LLC, as Servicer.
relating to U.S. Bank National Association, as Indenture Trustee.
as Administrator, Daimler Retail Receivables LLC, as Depositor, and U.S. Bank National
Association, as Indenture Trustee (included in Exhibit 99.1 to the Form 8-K of the Issuing Entity, as
filed with the SEC on April 19, 2010, which is incorporated herein by reference).
and Daimler Retail Receivables LLC, as Purchaser (included in Exhibit 99.2 to the Form 8-K of the
Issuing Entity, as filed with the SEC on April 19, 2010, which is incorporated herein by reference).
SECTION 15(d) OF THE ACT BY REGISTRANTS WHICH HAVE NOT REGISTERED SECURITIES
PURSUANT TO SECTION 12 OF THE ACT.
to any security holders or is presently anticipated to be furnished to security holders subsequent to the filing of this
annual report on Form 10-K/A.
(Issuing Entity)
Vice President and Controller
Number_
Depositor, DCFS USA LLC, and Citigroup Global Markets Inc. and Barclays Capital Inc., as
representatives of the several underwriters named therein (included in Exhibit 1.1 to the Form 8-K
of the Issuing Entity, as filed with the SEC on April 19, 2010, which is incorporated herein by
reference).
Registration Statement on Form S-3, No. 333-159281, as filed with the SEC on May 15, 2009,
which is incorporated herein by reference).
Registration Statement on Form S-3, No. 333-159281, as filed with the SEC on May 15, 2009,
which is incorporated herein by reference).
Association, as Indenture Trustee (included in Exhibit 4.1 to the Form 8-K of the Issuing Entity, as
filed with the SEC on April 19, 2010, which is incorporated herein by reference).
Receivables LLC, as Depositor, and Wilmington Trust Company, as Owner Trustee (included in
Exhibit 4.2 to the Form 8-K of the Issuing Entity, as filed with the SEC on April 19, 2010, which is
incorporated herein by reference).
Receivables LLC, as Depositor, and DCFS USA LLC, as Seller and as Servicer (included in
Exhibit 10.1 to the Form 8-K of the Issuing Entity, as filed with the SEC on April 19, 2010, which is
incorporated herein by reference).
18 (Section 302 Certification).
USA LLC, as Servicer.
Indenture Trustee.
relating to Mercedes-Benz Financial Services USA LLC, as Servicer.
relating to U.S. Bank National Association, as Indenture Trustee.
as Administrator, Daimler Retail Receivables LLC, as Depositor, and U.S. Bank National
Association, as Indenture Trustee (included in Exhibit 99.1 to the Form 8-K of the Issuing Entity, as
filed with the SEC on April 19, 2010, which is incorporated herein by reference).
and Daimler Retail Receivables LLC, as Purchaser (included in Exhibit 99.2 to the Form 8-K of the
Issuing Entity, as filed with the SEC on April 19, 2010, which is incorporated herein by reference).