EXHIBIT 10.1
AMENDMENT TO AMENDED AND RESTATED
RECEIVABLES PURCHASE AGREEMENT dated as of April 10, 2008 (the
“Amendment”) among CMC RECEIVABLES, INC. (the
“Seller”), COMMERCIAL METALS COMPANY (the
“Servicer”) and LIBERTY STREET FUNDING CORP. (the
“Buyer”), THE BANK OF NOVA SCOTIA (the “Managing
Agent”) and MELLON BANK, N.A., as Administrative Agent (the
“Administrative Agent”).
W I T N E S S
E T H :
WHEREAS, the Seller, the Servicer,
the Buyer, the Managing Agent 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:
SECTION 1. DEFINITIONS
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 10, 2008 (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 10, 2008” set
forth therein with the date “April 30,
2008”.
(b) The parties hereto agree
that, effective as of the Effective Date, the definition of
“Expiration Date” set forth in Section 1.01 of the
RPA shall be amended by replacing the date “April 10,
2008” set forth therein with the date “April 30,
2008”.
SECTION 3. GOVERNING LAW
THIS AMENDMENT SHALL BE GOVERNED
BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW
YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES (OTHER THAN
SECTION 5-1401 OF NEW YORK’S GENERAL OBLIGATIONS
LAW).
SECTION 4. EXECUTION IN COUNTERPA
