Omnibus Amendment to Milliken Transaction Documents (A-2, B-1, B-2, C-1, C-2) Dated December 1, 2000

Summary

This agreement amends several Milliken facility transaction documents involving various owner participants and trusts, including DCC Project Finance Fifteen, Inc., First Chicago Leasing Corporation, and Bankers Commercial Corporation. The amendments update account numbers, references, monetary amounts, and percentages in participation agreements, site leases, and indentures. The changes are specific to each facility trust (A-2, B-1, B-2, C-1, C-2) and clarify the parties' obligations and document terms as of December 1, 2000.

EX-10.22B 6 aesee10kex1022b.txt EXHIBIT 10.22B Exhibit 10.22b I. OMNIBUS AMENDMENT TO MILLIKEN A-2 TRANSACTION DOCUMENTS DATED AS OF DECEMBER 1, 2000 (the "Milliken A-2 Omnibus Amendment"). The Milliken A-2 Omnibus Amendment differs from the Omnibus Amendment to Milliken A-1 Transaction Documents dated as of December 1, 2000 (the "Milliken A-1 Omnibus Amendment") in the following respects: o The name of the Owner Participant in the Milliken A-2 Omnibus Amendment is DCC Project Finance Fifteen, Inc. and the name of the Owner Trust is Milliken Facility Trust A-2. o The Milliken A-2 Omnibus Amendment Section 1.(d) differs in that it has been amended to state: "(d) Schedule 1 to the Participation Agreement is amended by replacing the Lessor's Account number "48430-0" each time it appears therein with the Lessor's Account number "48437-0"." II. OMNIBUS AMENDMENT TO MILLIKEN B-1 TRANSACTION DOCUMENTS DATED AS OF DECEMBER 1, 2000 (the "Milliken B-1 Omnibus Amendment"). The Milliken B-1 Omnibus Amendment differs from the Milliken A-1 Omnibus Amendment in the following respects: o The name of the Owner Participant is First Chicago Leasing Corporation and the name of the Owner Trust is Milliken Facility Trust B-1. o The Indenture is included as a Transaction Document. o The Milliken B-1 Omnibus Amendment Section 1.(d) has been amended to state: "(d) Schedule 1 to the Participation Agreement is amended by replacing the Lessor's Account number "48432-0" each time it appears therein with the Lessor's Account number "48438-0"." o The Milliken A-1 Omnibus Amendment Section 1.(e) has been deleted from the Milliken B-1 Omnibus Amendment. o The Milliken B-1 Omnibus Amendment Sections 1.(i) and (j) have been added which changes the remaining subparagraph reference in this Section and state: "(i) The Site Lease is amended by: (i) Replacing the reference to "A-1" each time it appears therein with the reference "B-1"; (ii) Replacing the amount "$31,388.84" each time it appears therein with the amount "$161,007.19"."; and "(j) The Indenture is amended by replacing the percentage "25%" each time it appears therein with the percentage "12.5%"." III. OMNIBUS AMENDMENT TO MILLIKEN B-2 TRANSACTION DOCUMENTS DATED AS OF DECEMBER 1, 2000 (the "Milliken B-2 Omnibus Amendment"). The Milliken B-2 Omnibus Amendment differs from the Milliken A-1 Omnibus Amendment in the following respects: o The name of the Owner Participant is First Chicago Leasing Corporation and the name of the Owner Trust is Milliken Facility Trust B-2. o The Indenture is included as a Transaction Document. o The Milliken A-1 Omnibus Amendment Section 1.(e) has been deleted from the Milliken B-1 Omnibus Amendment. o The Milliken B-1 Omnibus Amendment Sections 1.(i) and (j) have been added which changes the remaining subparagraph reference in this Section and state: "(i) The Site Lease is amended by replacing the amount "$31,388.84" each time it appears therein with the amount "$161,007.19"; and "(j) The Indenture is amended by replacing the percentage "25%" each time it appears therein with the percentage "12.5%"." o The Milliken B-2 Omnibus Amendment Section 2.(a) adds that the Lessee agrees to deliver page 5 of the Site Lease to the other documents required to be delivered. 2 IV. OMNIBUS AMENDMENT TO MILLIKEN C-1 TRANSACTION DOCUMENTS DATED AS OF DECEMBER 1, 2000 (the "Milliken C-1 Omnibus Amendment"). The Milliken C-1 Omnibus Amendment differs from the Milliken A-1 Omnibus Amendment in the following respects: o The name of the Owner Participant is Bankers Commercial Corporation and the name of the Owner Trust is Milliken Facility Trust C-1. o The Indenture is included as a Transaction Document. o The Milliken A-1 Omnibus Amendment Section 1.(e) has been deleted from the Milliken B-1 Omnibus Amendment. o The Milliken C-1 Omnibus Amendment adds a new Section 1.(e) and Section 1.(f) has been added which changes the remaining subparagraph references in this Section and both state: "(e) The Site Lease is amended by: (i) Replacing the reference to "A-1" each time it appears therein with the reference "C-1"; (ii) Replacing the amount "$31,388.84" each time it appears therein with the amount "$161,007.19"."; and "(f) The Indenture is amended by replacing the percentage "25%" each time it appears therein with the percentage "26.250"." V. OMNIBUS AMENDMENT TO MILLIKEN C-2 TRANSACTION DOCUMENTS DATED AS OF DECEMBER 1, 2000 (the "Milliken C-2 Omnibus Amendment"). The Milliken C-2 Omnibus Amendment differs from the Milliken A-1 Omnibus Amendment in the following respects: o The name of the Owner Participant is Bankers Commercial Corporation and the name of the Owner Trust is Milliken Facility Trust C-2. o The Indenture is included as a Transaction Document. 3 o The Milliken C-2 Omnibus Amendment Section 1.(d) has been amended to state: "(d) Schedule 1 to the Participation Agreement is amended by replacing the Lessor's Account number "48434-0" each time it appears therein with the Lessor's Account number "48441-0"." o The Milliken C-2 Omnibus Amendment Sections 1.(f) has been added which changes the remaining subparagraph references in this Section and states: "(f) The Indenture is amended by replacing the percentage "25%" each time it appears therein with the percentage "11.250%"." 4