Common use of Time of Delivery Clause in Contracts

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] ANNEX 1 [TRANCHE TERM SHEET] ANNEX 2

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 2

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: AcceptedACCEPTED: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount PRINCIPAL AMOUNT [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 22 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 3

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] ANNEX 1 [TRANCHE TERM SHEET] ANNEX 22 [PRICING TERM SHEET]

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 22 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 3

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ [__]([ [_____]) Notes Principal Amount [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] ANNEX 1 [TRANCHE TERM SHEET] ANNEX 22 [PRICING TERM SHEET]

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] [ ] $ $[ ]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 2

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] [ ] $ [ ]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 22 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 3

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount [ ] $ [ $[____________]] [ ] $ [ $[____________]] [ ] $ [ $[____________]] [ ] $ [ $[____________]] [ ] $ [ $[____________]] [ ] $ [ $[____________]] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 22 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 3

Time of Delivery. 9:00 A.M., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: [UNDERWRITER] As a Representative of the Underwriters named in Schedule I hereto By: AcceptedACCEPTED: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Bank, not in its individual capacity but solely as Depositor on behalf of the Issuer By: DISCOVER BANK By: SCHEDULE I UNDERWRITERS $[ ] Discover Card Execution Note Trust, DiscoverSeries Class [ ]([ ]) Notes Principal Amount PRINCIPAL AMOUNT [ ] $ [ ]] ] [ ] $ [ ]] ] [ ] $ [ ]] ] [ ] $ [ ]] ] [ ] $ [ ]] ] [ ] $ [ ]] ] ANNEX 1 [TRANCHE TERM SHEETPRELIMINARY PROSPECTUS] ANNEX 22 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 3