Confirmation of Performance Undertaking between United Rentals, Inc. and United Rentals Receivables LLC II (December 22, 2008)
This document confirms that United Rentals, Inc. continues to guarantee the obligations under a previously established Performance Undertaking, even after the related Purchase and Contribution Agreement has been amended and restated. United Rentals, Inc. acknowledges that all references to the original agreement now apply to the updated version, ensuring the guarantee remains valid and enforceable. The parties involved are United Rentals, Inc. (as guarantor) and United Rentals Receivables LLC II (as beneficiary).
Exhibit 10(xx)
CONFIRMATION OF
PERFORMANCE UNDERTAKING
December 22, 2008
Reference is made to (a) the Performance Undertaking (the Performance Undertaking), dated as of May 31, 2005, made by United Rentals, Inc. (the Performance Guarantor) in favor of United Rentals Receivables LLC II (the SPV); and (b) the Purchase and Contribution Agreement (the Purchase Agreement), dated as of May 31, 2005, among United Rentals (North America), Inc., United Rentals Northwest, Inc., United Rentals Southeast, L.P., and United Equipment Rentals Gulf, L.P., each as originators, the Performance Guarantor, as collection agent, and the SPV, as buyer.
The Performance Guarantor hereby acknowledges that the Purchase Agreement is being amended and restated as the Amended and Restated Purchase and Contribution Agreement, dated as of the date hereof, among United Rentals (North America), Inc. and United Rentals Northwest, Inc., each as originators, the Performance Guarantor, as collection agent, and the SPV, as buyer (the Restated Purchase Agreement).
The Performance Guarantor hereby confirms that, after giving effect to the Restated Purchase Agreement, the Performance Undertaking continues in full force and effect in accordance with its terms, with the understanding that the term Purchase Agreement used in the Performance Undertaking shall be deemed to be references to the Restated Purchase Agreement.
IN WITNESS WHEREOF, the undersigned has caused this Confirmation of Performance Undertaking to be duly executed by its authorized officer thereunto duly authorized, as of the date first above written.
UNITED RENTALS, INC. | ||
By: | /s/ Irene Moshouris | |
Name: | Irene Moshouris | |
Title: | Vice President and Treasurer |