AMENDMENT NO. 4 TO
AMENDED AND RESTATED RECEIVABLES SALE AGREEMENT
THIS
AMENDMENT NO. 4 TO AMENDED AND RESTATED RECEIVABLES SALE AGREEMENT
(the “ Amendment ”), dated as of July 24,
2009, between ANIXTER INC., a Delaware corporation, (the “
Originator ”) and ANIXTER RECEIVABLES CORPORATION, a
Delaware corporation (the “ Buyer ”).
WHEREAS,
the Originator and the Buyer are parties to that certain Amended
and Restated Receivables Sale Agreement, dated as of
October 3, 2002 (as amended, restated, supplemented or
otherwise modified from time to time, the “ Agreement
”); and
WHEREAS
the parties hereto desire to amend the Agreement on the terms and
conditions set forth below;
NOW
THEREFORE, in consideration of the premises herein contained, and
for other good and valuable consideration, the receipt of which is
hereby acknowledged, the parties hereto hereby agree as
follows:
SECTION 1.
Defined Terms . Capitalized terms used and not otherwise
defined herein shall have the meanings assigned to such terms in
the Agreement.
SECTION 2.
Amendments to the Agreement . Subject to the satisfaction of
the conditions precedent set forth in Section 3 below,
the parties hereto agree that the Agreement is amended as
follows:
(a) The definition
of “ Excluded Receivable ” set forth in
Exhibit I to the Agreement is hereby amended and restated in
its entirety to read as follows:
““
Excluded Receivable ” means indebtedness and other
obligations owed to Originator, in respect of: (i) all
accounts receivable generated by Originator’s Latin American
export locations, (ii) all accounts receivable generated by
Originator’s “Pacer”, “IMS”,
“QSN”, “Pentacon” and “World
Class Wire and Cable” divisions which are not included
in Originator’s main subledger system, (iii) all
accounts receivable generated by any of Originator’s
divisions which are acquired after July 24, 2009 which are not
included in Originator’s main subledger system, (iv) all
accounts receivable owing by Obligors with the following customer
numbers: 139661 or 804470 (in each case, as such customer numbers
are in effect or otherwise categorized as of July 24, 2009),
(v) all accounts receivable owing by Obligors with
the
following
customer prefixes: N-N, NN+ or ORO (in each case, as such customer
prefixes are in effect or otherwise categorized as of July 24,
2009) and (vi) all accounts receivable existing at
Originator’s general corporate division coded WC (as such
division is in effect or otherwise structured as of July 24,
2009).”
|
