Exhibit 10.13
Amendment No. 3 to Receivables
Purchase Agreement
This AMENDMENT NO. 3 TO RECEIVABLES
PURCHASE AGREEMENT, dated as of December 26, 2003 (this “
Amendment Agreement ”), is made by and among Legacy
Receivables LLC (the “ Seller ”), CAFCO, LLC
(“ CAFCO ”), CIESCO, LLC (“ CIESCO
”), Citibank, N.A. (“ Citibank ”),
Citicorp North America, Inc., as agent (“the “
Agent ”) for the Investors and the Banks (each as
defined in the Agreement) (as defined below), Electronic Data
Systems Corporation (“ EDS ”), and EDS
Information Services L.L.C. (the “ Originator
”).
Preliminary Statements
. (1) The Seller, CAFCO, CIESCO,
Citibank, the Agent, EDS and the Originator are parties to a
Receivables Purchase Agreement, dated as of December 27, 2002, as
amended as of January 1, 2003 and as of June 30, 2003, (the “
Agreement ”; capitalized terms used herein and not
otherwise defined herein shall have the meanings attributed to them
in the Agreement).
(2) The Seller, CAFCO, CIESCO,
Citibank, the Agent, EDS and the Originator desire to amend certain
provisions of the Agreement as set forth herein.
NOW, THEREFORE, the parties agree as
follows:
SECTION 1. Amendments to
Agreement . Upon effectiveness of this Amendment Agreement,
Section 1.01 of the Agreement is amended as follows:
(1) The definition of
“Aggregate Purchase Limit” is amended by deleting the
dollar amount “$500,000,000” in line one thereof and
substituting therefor the dollar amount $400,000,000.
(2) The definition of “Bank
Commitment” is amended by deleting the dollar amount
“$500,000,000” in line two thereof and substituting
therefor the dollar amount $400,000,000.
(3) The definition of
“Commitment Termination Date” is amended by deleting
the date “December 26, 2003” in clause (a) thereof and
substituting therefor the date December 24, 2004.
(4) The definition of
“Investor Purchase Limit” is amended by deleting the
dollar amount “$250,000,000” in clauses (i) and (ii)
thereof and substituting therefor the dollar amount
$200,000,000.
SECTION 2. Effectiveness .
This Amendment Agreement shall become effective as of the date
hereof at such time that executed counterparts of this Amendment
Agreement have been delivered by each party hereto to the other
parties hereto.
