Extension of Scheduled Expiry Date
EX-10.1 2 y73158exv10w1.htm EX-10.1: AGREEMENT EX-10.1
Exhibit 10.1
Extension of Scheduled Expiry Date
Reference is made to that certain Amended and Restated Series 2006-2 Indenture Supplement, dated as of December 1, 2006, as amended by the First Amendment thereto, dated as of March 6, 2007, and the Second Amendment thereto, dated as of November 30, 2007 (as further amended or supplemented, the Series 2006-2 Indenture Supplement), among Chesapeake Funding LLC (the Issuer), PHH Vehicle Management Services, LLC, as administrator, the several commercial paper conduits listed on Schedule I thereto (the CP Conduit Purchasers), the banks party thereto with respect to each CP Conduit Purchaser (the APA Banks), the agent banks party thereto with respect to each CP Conduit Purchaser (the Funding Agents), JPMorgan Chase Bank, N.A., in its capacity as administrative agent for the CP Conduit Purchasers, the APA Banks and the Funding Agents, and The Bank of New York Mellon (formerly known as The Bank of New York), as Indenture Trustee (the Indenture Trustee), to the Base Indenture, dated as of March 7, 2006 between the Issuer and the Indenture Trustee. All capitalized terms defined in the Series 2006-2 Indenture Supplement and used herein shall have the meanings given to them therein.
The undersigned hereby agree to extend the Scheduled Expiry Date to December 17, 2008.
Dated: December 8, 2008
PARK AVENUE RECEIVABLES COMPANY, LLC, as a CP Conduit Purchaser By: JPMorgan Chase Bank, N.A., its attorney-in-fact | ||||
By: | /s/ Corina Mills | |||
Name: | Corina Mills | |||
Title: | Vice President | |||
JPMORGAN CHASE BANK, N.A., as an APA Bank | ||||
By: | /s/ Corina Mills | |||
Name: | Corina Mills | |||
Title: | Vice President |
2
VARIABLE FUNDING CAPITAL COMPANY LLC, as a CP Conduit Purchaser By: WACHOVIA CAPITAL MARKETS, LLC, As Attorney-in-Fact | ||||
By: | /s/ Douglas R. Wilson, Sr. | |||
Name: | Douglas R. Wilson, Sr. | |||
Title: | Director | |||
WACHOVIA BANK, NATIONAL ASSOCIATION, as an APA Bank | ||||
By: | /s/ Kevin McConnell | |||
Name: | Kevin McConnell | |||
Title: | Managing Director | |||
Signature Page to Series 2006-2 Consent
3
YC SUSI TRUST, as a CP Conduit Purchaser | ||||
By: | Bank of America, National Association, as Administrative Trustee | |||
By: | /s/ Leif E. Rauer | |||
Name: | Leif E. Rauer | |||
Title: | Vice President | |||
BANK OF AMERICA, NATIONAL ASSOCIATION, as an APA Bank | ||||
By: | /s/ Leif E. Rauer | |||
Name: | Leif E. Rauer | |||
Title: | Vice President | |||
Signature Page to Series 2006-2 Consent
4
LIBERTY STREET FUNDING LLC, as a CP Conduit Purchaser | ||||
By: | /s/ Jill A. Russo | |||
Name: | Jill A. Russo | |||
Title: | Vice President | |||
THE BANK OF NOVA SCOTIA, as an APA Bank | ||||
By: | /s/ Michael Eden | |||
Name: | Michael Eden | |||
Title: | Director | |||
Signature Page to Series 2006-2 Consent
5
PARADIGM FUNDING, LLC, as a CP Conduit Purchaser | ||||
By: | /s/ Doris J. Hearn | |||
Name: | Doris J. Hearn | |||
Title: | Vice President | |||
WESTLB AG, NEW YORK BRANCH, as an APA Bank | ||||
By: | /s/ Brian Statfeld | |||
Name: | Brian Statfeld | |||
Title: | Managing Director | |||
By: | /s/ Michael Gilhuley | |||
Name: | Michael Gilhuley | |||
Title: | Assoc. Director | |||
Signature Page to Series 2006-2 Consent
6
CHARTA, LLC, as a CP Conduit Purchaser By: CITICORP NORTH AMERICA, INC., as Attorney-in-Fact | ||||
By: | /s/ Steven Vierengel | |||
Name: | ||||
Title: | ||||
CITIBANK, N.A., as an APA Bank | ||||
By: | /s/ Steven Vierengel | |||
Name: | ||||
Title: | ||||
Signature Page to Series 2006-2 Consent
7
SALISBURY RECEIVABLES COMPANY, as a CP Conduit Purchaser | ||||
By: | /s/ Janette Lieu | |||
Name: | Janette Lieu | |||
Title: | Director | |||
BARCLAYS BANK PLC, as an APA Bank | ||||
By: | /s/ Jeffrey Goldberg | |||
Name: | Jeffrey Goldberg | |||
Title: | Associate Director | |||
Signature Page to Series 2006-2 Consent
8
ATLANTIC ASSET SECURITIZATION LLC, as a CP Conduit Purchaser | ||||
By: | /s/ Kostantina Kourmpetis | |||
Name: | Kostantina Kourmpetis | |||
Title: | Managing Director | |||
By: | /s/ Sam Pilcer | |||
Name: | Sam Pilcer | |||
Title: | Managing Director | |||
CALYON NEW YORK BRANCH, as an APA Bank | ||||
By: | /s/ Kostantina Kourmpetis | |||
Name: | Kostantina Kourmpetis | |||
Title: | Managing Director | |||
By: | /s/ Sam Pilcer | |||
Name: | Sam Pilcer | |||
Title: | Managing Director | |||
Signature Page to Series 2006-2 Consent
9
WINDMILL FUNDING CORPORATION, as CP Conduit Purchaser | ||||
By: | /s/ Jill A. Russo | |||
Name: | Jill A. Russo | |||
Title: | Vice President | |||
THE ROYAL BANK OF SCOTLAND PLC, as APA Bank and Funding Agent | ||||
By: | /s/ Michael Zappaterrini | |||
Name: | Michael Zappaterrini | |||
Title: | Managing Director | |||
Signature Page to Series 2006-2 Consent