First Amendment to Guaranteed Purchase Agreement between NELnet, Inc. and Union Bank & Trust Company

Summary

NELnet, Inc. and Union Bank & Trust Company have amended their Guaranteed Purchase Agreement originally dated March 19, 2001. This amendment, effective February 1, 2002, increases the maximum purchase amount under the agreement from $750 million to $1 billion. All other terms of the original agreement remain unchanged. The amendment is signed by authorized representatives of both parties.

EX-10.37 64 y88696a1exv10w37.txt 1ST AMENDMENT OF GUARANTEED PURCHASE AGREEMENT Exhibit 10.37 FIRST AMENDMENT OF GUARANTEED PURCHASE AGREEMENT This First Amendment of Guaranteed Purchase Agreement (the "Amendment") is entered as of the 1st day of February, 2002, by and between NELnet, Inc., a Nevada Corporation ("NELnet") and Union Bank & Trust Company, in its own right and as Trustee under any trust established to own or invest in guaranteed student loans ("Union Bank & Trust"). WHEREAS, Union Bank & Trust and NELnet entered into that certain Guaranteed Purchase Agreement dated as of March 19, 2001 ("Agreement"), and the parties wish to amend that Agreement under the terms specified herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Amendment. "$750,000,000.00" in the second sentence of Section 1 of the Agreement is hereby deleted and the following inserted in lieu thereof: "$1,000,000,000.00". 2. Effect of Amendment. This Amendment shall be effective as of February 1, 2002. Except as expressly amended and modified as set forth above, all terms and provisions of the Agreement shall remain in full force and effect, without modification. UNION BANK AND TRUST COMPANY, in its own NELnet, Inc. right and as Trustee under any trust established to own or invest in guaranteed student loans By: /s/ Kenneth Backemeyer By: /s/ Terry Heimes ----------------------- ----------------------- Title: Senior Vice President Title: CFO ----------------------- -----------------------