Amendment to ATM Cash Agreements between eFunds Corporation and Access Cash International, Inc.

Summary

This amendment, effective February 20, 2000, is between eFunds Corporation and Access Cash International, Inc. It modifies their existing ATM Cash Agreements by setting a maximum limit of $35 million on the total cash eFunds must provide for all ATMs covered by the agreements, with specific limits for each agreement based on ATM locations. Access is required to manage cash levels efficiently, and the amendment clarifies that the Currency Control Agreement takes precedence in case of conflicts. All other terms of the original agreements remain unchanged.

EX-10.15 4 0004.txt AMENDMENT TO ATM CASH AGREEMENTS EXHIBIT 10.15 EXECUTION COPY 2/28/2000 AMENDMENT TO ATM CASH AGREEMENTS -------------------------------- This amendment ("Amendment") is made effective as of the 20th day of February, 2000, by and between eFunds Corporation (f/k/a Deluxe Electronic Payment Systems, Inc.), 400 West Deluxe Parkway, Milwaukee, Wisconsin 53212 ("eFunds") and Access Cash International, Inc., 4105 N. Lexington, Arden Hills, Minnesota 55126 ("Access"). WHEREAS, eFunds and Access are parties to the ATM Cash Agreements (as defined below) and the Currency Control Agreement (as defined below); and WHEREAS, eFunds and Access desire to modify certain provisions of the ATM Cash Agreements as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual promises set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions. ------------ Except as otherwise specifically indicated or where the context clearly requires otherwise, the following terms shall have the meanings ascribed to them below for purposes of this Amendment. 1.1 Certain Defined Terms "Currency Control Agreement" shall mean the Currency Control Agreement dated November 15, 1999 and entered into by and between eFunds and Access and effective as of June 24, 1998, as the same may from time-to-time be amended, supplemented, or otherwise modified. 1.2 Other Defined Terms For purposes of this Amendment, the following terms shall have the respective meanings given them in the Currency Control Agreement: ATM; ATM Cash Agreements; and ATM Currency. 2. Amending Provisions. -------------------- 2.1 Notwithstanding any provision of any ATM Cash Agreement to the contrary, the total amount of ATM Currency outstanding in all ATMs under the ATM Cash Agreements at any point in time, and the total amount of ATM Currency that eFunds shall be obligated to make available for all ATMs under the ATM Cash Agreements, shall not exceed thirty-five million dollars ($35,000,000); provided, however, that there shall be no commingling of ATM Currency between or among the respective ATM Cash Agreements under any circumstances. 2.2 Unless otherwise agreed by the parties, total ATM Currency outstanding in ATMs under each ATM Cash Agreement, and the total amount that eFunds shall 1 be obligated to make available for ATMs under each ATM Cash Agreement, shall not exceed the following respective amounts: (a) for the June 24, 1998 ATM Cash Agreement relating to ATMs located at Total Petroleum and Diamond Shamrock branded convenience store locations: $3,000,000; (b) for the March 19, 1999 ATM Cash Agreement relating to ATMs located at American Store, Inc. locations: $6,000,000; (c) for the August 23, 1999 ATM Cash Agreement relating to ATMs located at Kmart Corporation locations: $12,000,000; and (d) for the November 15, 1999 ATM Cash Agreement relating to ATMs located at Shell Oil Company and Texaco Oil Company locations: $14,000,000. Access may, from time- to-time during the term of the Currency Control Agreement, request in writing to change the foregoing ATM Currency amounts under the respective ATM Cash Agreements, subject to Section 2.1 of this Amendment, eFunds agrees not to unreasonably withhold its consent to any such written request by ACI, subject to Section 2.1 of this Amendment. 2.3 Access shall at all times manage ATM Currency requirements under the ATM Cash Agreements to optimize the amount of cash in ATMs with the express purpose of keeping no more ATM Currency in individual ATMs than is reasonably necessary to keep sufficient funds in the ATMs between replenishment dates. 3. No Other Modifications; Order of Preference. -------------------------------------------- 3.1 Except as modified hereby, the terms and conditions of the ATM Cash Agreements shall remain in full force and effect without modification. 3.2 In the event of any conflict or inconsistency between the provisions of this Amendment, any ATM Cash Agreement, and/or the Currency Control Agreement, the following order of precedence shall apply: (a) in all cases, the provisions of the Currency Control Agreement shall prevail; (b) second, the provisions of this Amendment; and (c) finally, the provisions of the applicable ATM Cash Agreement(s). IN WITNESS WHEREOF, Access and eFunds have caused this Amendment to be duly executed and delivered as of the date first above written. ACCESS CASH INTERNATIONAL, INC. EFUNDS CORPORATION By: /s/ Frank A. Capan By: /s/ Debra A. Janssen ----------------------------------------- --------------------------- Name: Frank A. Capan Name: Debra A. Janssen -------------------------------------- ------------------------- Title: President and Chief Executive Officer Title: President ------------------------------------- ------------------------ Date: Date: -------------------------------------- ------------------------- 2