Article I. Article I of the Credit Agreement is amended by adding a new Section 1.06 “Assumption Relating to Misappropriation Transaction” to read in its entirety as follows:
Article I. The definition of “Partner” is hereby deleted in its entirety and replaced in full as follows:
Article I. —CONSUMER PRODUCT PROVISIONS: THE FOLLOWING PROVISIONS SHALL BE APPLICABLE IF THIS PRODUCT IS BEING PURCHASED FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. THE CONSUMER PRODUCT PROVISIONS CONTAINED IN THIS ARTICLE I SHALL APPLY UNLESS THIS PRODUCT IS BEING PURCHASED SOLELY FOR COMMERCIAL OR INDUSTRIAL USE, IN WHICH EVENT THE PROVISIONS CONTAINED IN ARTICLE II BELOW SHALL APPLY AND THE PROVISIONS CONTAINED IN THIS ARTICLE I SHALL BE INAPPLICABLE.
Article I. The definition of “Regulation AB” is hereby replaced in its entirety with the following: “Subpart 229.1100 – Asset Backed Securities (Regulation AB), 17 C.F.R.§§229.1100-229.1123, as such may be amended from time to time, and subject to such clarification and interpretation as have been provided by the Commission in the adopting release (Asset-Backed Securities, Securities Act Release No. 33-8518, 70 Fed. Reg. 1,506, 1,631 (Jan. 7, 2005)) or by the staff of the Commission, or as may be provided by the Commission or its staff from time to time.”