AMENDMENT TO
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of
December 1, 2005 (the “Amendment”) among CMC
RECEIVABLES, INC. (the “Seller”), COMMERCIAL METALS
COMPANY (the “Servicer”), THREE RIVERS FUNDING
CORPORATION (“TRFCO”) and LIBERTY STREET FUNDING CORP.
(collectively, the “Buyers”), THE BANK OF NOVA SCOTIA
and MELLON BANK, N.A., as managing agents (collectively, the
“Managing Agents”), and MELLON BANK, N.A., as
administrative agent (the “Administrative
Agent”).
WHEREAS, the
Seller, the Servicer, the Buyers, the Managing Agents and the
Administrative Agent are parties to an Amended and Restated
Receivables Purchase Agreement dated as of April 22, 2004 (the
“RPA”);
WHEREAS, the
parties desire to amend the RPA;
NOW, THEREFORE,
the parties agree as follows:
Defined terms used
herein and not defined herein shall have the meanings assigned to
such terms in the RPA.
SECTION 2.
AMENDMENT OF RPA
(a) The
parties hereto agree that, effective as of December 1, 2005
(the “Effective Date”), Exhibit F to the RPA shall
be amended by replacing it in its entirety with Annex A attached
hereto.
(b) The
parties hereto agree that, effective as of the Effective Date, all
references to “Commercial Metals Company, Secondary Metals
Processing Division” in the RPA or any other Purchase
Document shall be deemed to be replaced with a reference to
“Commercial Metals Company, CMC Recycling
Division”.
SECTION 3.
CONDITIONS PRECEDENT
The occurrence of
the Effective Date shall be subject to the conditions precedent
that the each of the Buyers shall have received this Amendment
executed by each party hereto in form and substance satisfactory to
it.
