OMNIBUS AMENDMENT TO SPECIFIED TERMS DOCUMENTS
THIS OMNIBUS AMENDMENT TO SPECIFIED TERMS DOCUMENTS, dated as of August 27, 2019 (this Agreement), is entered into between: (i) Discover Card Execution Note Trust, a Delaware statutory trust, as issuer (the Issuer), and (ii) U.S. Bank National Association, a national banking association, as indenture trustee under the Indenture referred to below (in such capacity, the Indenture Trustee).
WHEREAS, the Indenture Trustee and the Issuer are parties to (i) the Amended and Restated Indenture, dated as of December 22, 2015, as supplemented by the Second Amended and Restated Indenture Supplement, dated as of December 22, 2015, as amended by Amendment No. 1 to Second Amended and Restated Indenture Supplement, dated as of the date hereof, each by and between the Issuer and the Indenture Trustee (collectively, the Indenture) and (ii) certain Class B Terms Documents and Class C Terms Documents listed on Exhibit A hereto (collectively, the Specified Terms Documents);
WHEREAS, the parties hereto intend to amend each of the Specified Terms Documents as set forth herein; and
WHEREAS, this Agreement is being entered into pursuant to Sections 1002 and 1003 of the Indenture, and all conditions precedent to the execution of this Agreement, as set forth in such Sections 1002 and 1003, have been satisfied.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
SECTION 1. DEFINITIONS. As used herein, (a) capitalized terms which are defined in the preamble hereto shall have the meanings as so defined and (b) capitalized terms not so defined shall have the meanings set forth in the Indenture or the applicable Specified Terms Document, as applicable.
SECTION 2. AMENDMENTS TO SPECIFIED TERMS DOCUMENTS.
(a) The Class C(2016-1) Terms Document is hereby amended by adding the following definition to Section 1.01 in appropriate alphabetical order:
Transfer means any sale, transfer, assignment, exchange, participation, pledge, hypothecation, rehypothecation, or other grant of a security interest in or disposition of, a Class C(2016-1) Note.