Exhibit 10.1
AMENDMENT TO
AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT dated as of
June 22, 2005 (the “Amendment”) among CMC
RECEIVABLES, INC. (the “Seller”), COMMERCIAL METALS
COMPANY (the “Servicer”), THREE RIVERS FUNDING
CORPORATION 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”).
W I T N E S
S E T H :
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:
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
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(a)
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The
parties hereto agree that, effective as of June 22, 2005 (the
“Effective Date”), Section 9.04(d) of the RPA
shall be amended by replacing the ratio “3.00 to 1.00”
set forth therein with the ratio “2.50 to
1.00”.
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(b)
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The
parties hereto agree that, effective as of the Effective Date,
Section 9.04(e) of the RPA shall be amended by replacing the ratio
“0.55 to 1.00” set forth therein with the ratio
“0.60 to 1.00”.
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SECTION 3. CONDITIONS
PRECEDENT
The
occurrence of the Effective Date shall be subject to the conditions
prec
