DISCOVER BANK
Master Servicer, Servicer and Seller
U.S. BANK NATIONAL ASSOCIATION
Trustee
on behalf of the
Certificateholders
FIRST AMENDMENT TO AMENDED AND
RESTATED
POOLING AND SERVICING AGREEMENT
dated as of November 3, 2004
GLOBAL AMENDMENT TO CERTAIN SERIES
SUPPLEMENTS THERETO
DISCOVER CARD MASTER TRUST
I
Dated as of
January 4, 2006
This FIRST
AMENDMENT TO AMENDED AND RESTATED POOLING AND SERVICING AGREEMENT
AND GLOBAL AMENDMENT TO CERTAIN SERIES SUPPLEMENTS THERETO (this
“ Amendment ”), dated as of January 4,
2006, is entered into by and between DISCOVER BANK, a Delaware
banking corporation (formerly Greenwood Trust Company), as Master
Servicer, Servicer and Seller (“ Discover Bank
”) and U.S. BANK NATIONAL ASSOCIATION, a national banking
association organized and existing under the laws of the United
States of America (formerly First Bank National Association,
successor trustee to Bank of America Illinois, formerly Continental
Bank, National Association), as Trustee (the “ Trustee
”).
WHEREAS,
Discover Bank and the Trustee entered into that certain Pooling and
Servicing Agreement dated as of October 1, 1993, as amended,
which was restated in its entirety by that certain Amended and
Restated Pooling and Servicing Agreement, dated as of
November 3, 2004, by and between Discover Bank and the
Trustee, relating to Discover Card Master Trust I (the “
Agreement ”);
WHEREAS,
pursuant the Agreement, Discover Card Master Trust I has issued
several Series of Investor Certificates, the specific terms of
which are set forth, with respect to each Series, in a
Series Supplement to the Agreement (references to any
Series Supplement contained herein shall mean, as applicable,
such Series Supplement incorporating subsequent amendments
thereto); and
WHEREAS,
pursuant to subsection 13.01(a)(ii) of the Agreement, Discover Bank
and the Trustee desire to amend Section 1.01 and subsection
4.03(e) thereof and amend certain Series Supplements to the
Agreement in a manner that shall not adversely affect in any
material respect the interests of the Holders of any Class of any
Series currently outstanding.
NOW,
THEREFORE, in consideration of the foregoing and the mutual
agreements herein contained, each party agrees as follows for the
benefit of the other parties and for the benefit of the
Certificateholders:
1.
Definitions . Unless otherwise specified, capitalized terms
used in this Amendment shall have the same meanings ascribed to
them in the Agreement.
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