AMENDMENT TO
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of
April 14, 2006 (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. (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 (as
from time to time amended, 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 April 14, 2006 (the
“Effective Date”), the definition of “Commitment
Termination Date” set forth in Section 1.01 of the RPA
shall be amended by replacing the date “April 14,
2006” set forth therein with the date “April 12,
2007”.
(b) The
parties hereto agree that, effective as of the Effective Date, each
reference in the RPA or any other Purchase Document to:
(i)
“Commercial Metals Company, Dallas Trading Division”
shall be deemed to be replaced with a reference to
“Commercial Metals Company, CMC Dallas
Trading”;
(ii)
“Commercial Metals Company, CMC Recycling Division”
shall be deemed to be replaced with a reference to
“Commercial Metals Company, CMC Recycling”;
(iii)
“Commercial Metals Company, Cometals” shall be deemed
to be replaced with a reference to “Commercial Metals
Company, CMC Cometals”;
(iv)
“Commercial Metals Company, Commonwealth Metal” shall
be deemed to be replaced with a reference to “Commercial
Metals Company, CMC Commonwealth Metals”;
(v)
“Structural Metals, Inc.” shall be deemed to be
replaced with a reference to “Structural Metals, Inc., d/b/a
CMC Steel Texas”;
(vi) “SMI
Steel, Inc.” shall be deemed to be replaced with a reference
to “SMI Steel, Inc., d/b/a CMC Steel Alabama&
