|
exhibit
10.2
AMENDMENT NO. 4 TO AMENDED AND
RESTATED RECEIVABLE INTEREST SALE AGREEMENT
THIS
AMENDMENT NO. 4 TO AMENDED AND RESTATED RECEIVABLE INTEREST SALE
AGREEMENT, dated as of May 5, 2008 (this
“Amendment” ), is entered into by
Ferrellgas, L.P., a Delaware limited partnership (
“Originator” ), and Ferrellgas
Receivables, LLC, a Delaware limited liability company (
“Buyer” ), and pertains to the Amended
and Restated Receivables Interest Sale Agreement dated as of
June 7, 2005 between Originator and Buyer (as heretofore
amended, the “Existing Agreement” ). The
Existing Agreement, as amended hereby, is hereinafter referred to
as the “Agreement.” Unless defined elsewhere
herein, capitalized terms used in this Amendment shall have the
meanings assigned to such terms in Exhibit I to the Existing
Agreement.
W I T N E S S E T H
:
WHEREAS, the parties hereto desire to amend the
Existing Agreement as hereinafter set forth; and
WHEREAS, the Agent, on behalf of the Purchasers, is
willing to consent to such amendment;
NOW,
THEREFORE, in consideration of the foregoing premises and
the mutual agreements herein contained and other good and valuable
consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
1.
Amendments .
(a) Clause E in the Preliminary Statements recited at the
beginning of the Existing Agreement is hereby amended and restated
in its entirety to read as follows:
E. From time to time after the date hereof, Buyer will sell
undivided interests in the Receivable Interest and the Contributed
Interest pursuant to that certain Second Amended and Restated
Receivables Purchase Agreement dated as of June 7, 2005 (as
the same may from time to time hereafter be amended, supplemented,
restated or otherwise modified, the “Purchase
Agreement” ) among Buyer, as seller, Originator, as
initial Servicer, Falcon Asset Securitization Company, LLC (
“Conduit” ), Fifth Third Bank (
“Fifth Third” ), JPMorgan Chase Bank,
N.A. (together with Fifth Third, Conduit and their respective
successor and permitted assigns, the “Pur
|
