Emt Corp – ADMINISTRATIVE AGREEMENT (July 28th, 2003)Exhibit 10.7 AMENDMENT TO ADMINISTRATIVE AGREEMENT This Amendment to Administrative Agreement (the "Amendment") is made and entered into as of the 1st day of July, 2003, by and between EMT Corp., an Indiana corporation ("EMT") and EFS Inc., an Indiana corporation ("EFS"). WHEREAS, EMT and EFS entered into an Administrative Agreement dated May 15, 1998 (the "Administrative Agreement"), pursuant to which EFS agreed to provide certain administrative services to EMT in consideration of a monthly administrative services fee equal to the fair value of such services but not to exceed $85,000 per month; WHEREAS, in December 2001, EMT and EFS modified the administrative services fee payable under the Administrative Agreement; and WHEREAS, EMT and EFS wish to execute this agreement setting forth such modification. NOW, THEREFORE, the parties agree as follows: 1. Paragraph 6 o
Emt Corp – SERVICING AGREEMENT (July 28th, 2003)Exhibit 10.6 AMENDMENT TO SERVICING AGREEMENT This Amendment to Servicing Agreement (the "Amendment") is made and entered into as of the 1st day of July, 2003, by and between EMT Corp., an Indiana corporation ("EMT") and EFS Services, Inc., an Indiana corporation ("EFS Services"). WHEREAS, EFS Services and EMT entered into a Loan Servicing Agreement dated May 15, 1998 (the "Servicing Agreement"), pursuant to which EFS Services agreed to act as the primary servicer for student loans held by EMT in consideration of a monthly servicing fee equal to 1/12th of 1.20% of the outstanding principal balance of EMT's student loans as of each month end; WHEREAS, EFS Services and Nelnet Loan Services, Inc., a Nebraska corporation ("Nelnet Loan Services") have entered into a Subservicing Agreement dated as of February 1, 2002 (the "Subservicing Agreement"), pursuant to which Nelnet Loan Services agreed to
Emt Corp – SUBSERVICING AGREEMENT (December 24th, 2002)Exhibit 10.2 SUBSERVICING AGREEMENT This Subservicing Agreement (the "Agreement") is entered into and effective as of the 1st day of February, 2002, by and between Nelnet Loan Services, Inc., a Nebraska corporation, Aurora, Colorado, herein referred to as "Nelnet" and EFS Services, Inc., an Indiana corporation, herein referred to as "EFS." WHEREAS, EFS is in the loan servicing business in the State of Indiana, and in the ordinary course of such business has processed and serviced loans to student/parent borrowers (the "Education Loans") which are made and guaranteed in accordance with the provisions of the Higher Education Act of 1965, as amended (the "Education Act") (references hereinafter to the "Education Act" include rules and regulations promulgated thereunder as in effect from time to time); and WHEREAS, Nelnet has developed and/or has available to it th
Emt Corp – TRUST AGREEMENT (December 24th, 2002)Exhibit 4.7 -------------------------------------------------------------------------------- SIXTH TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and ZIONS FIRST NATIONAL BANK as Trustee Dated as of December __, 2002 Securing $1,686,000,000 STUDENT LOAN ASSET-BACKED AUCTION RATE NOTES SENIOR SERIES A1-1 THROUGH A1-22
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 4.6 EXECUTION COPY FIFTH TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and BANK ONE TRUST COMPANY, N.A. as Trustee Dated as of June 1, 2000 Securing $636,000,000 STUDENT LOAN ASSET-BACKED AUCTION RATE NOTES 2000-I SENIOR SERIES A-16 through A-22
Emt Corp – SERVICING AGREEMENT (September 23rd, 2002)EXHIBIT 10.1 SERVICING AGREEMENT THIS SERVICING AGREEMENT (the "Agreement") dated as of May 15, 1998, between EMT Corp., (the "Issuer") and EFS Services, Inc., an Indiana corporation (the "Servicer"). WHEREAS, the Issuer desires to purchase through KeyBank, Indiana N.A. as Eligible Lender Trustee ("Eligible Lender Trustee") student loans in the ordinary course of business using financing provided through the issuance of student loan asset backed notes (the "Notes") issued pursuant to a certain Trust Agreement (Trust Agreement) dated as of May 15, 1998 by and between Issuer and NBD BANK, N.A., as Trustee ("Trustee"); WHEREAS, the Servicer is willing to service such student loans with respect thereto; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows:
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 4.4 EXECUTION COPY THIRD TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and BANK ONE TRUST COMPANY, NA as Trustee ------------------------------------ Dated as of September 1, 1999 ------------------------------------- Securing $175,000,000 STUDENT LOAN ASSET-BACKED NOTES
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 4.5 Execution Copy FOURTH TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and BANK ONE TRUST COMPANY, N.A. as Trustee Dated as of April 1, 2000 Securing $375,000,000 STUDENT LOAN ASSET-BACKED AUCTION RATE NOTES 2000 SENIOR SERIES A-10 through A-15 and 2000 SENIOR
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 10.3 TRUST AGREEMENT THIS TRUST AGREEMENT, executed as of April 15, 1998 by and between EMT Corp., an Indiana corporation ("EMT"), and KEYBANK INDIANA, N.A as Trustee ("Trustee"), WITNESSES: WHEREAS, EMT is authorized and empowered to acquire education loans made pursuant to the Higher Education Act of 1965, as amended ("Student Loans"); WHEREAS, EMT requires Student Loans to be acquired and held, IN TRUST, for the benefit of EMT by a trustee bank acting as an eligible lender trustee as contemplated by the Higher Education Act of 1965, as amended; and NOW, THEREFORE, in consideration of these premises and the mutual promises and covenants contained herein, EMT and the Trustee agree that the Trustee shall acquire and hold Student Loans as directed by EMT (all hereinafter referred to as the "Trust Property"), and sell, pledge and distribute the Trust Prope
Emt Corp – PLEDGE AGREEMENT (September 23rd, 2002)Exhibit 10.4 PLEDGE AGREEMENT THIS PLEDGE AGREEMENT is made as of the 15' day of May, 1998 among EMT CORP., an Indiana corporation ("Issuer"), NBD BANK N.A., as Trustee ("Trustee") and KEYBANK INDIANA, N.A., as Eligible Lender Trustee ("Eligible Lender Trustee"). RECITALS A. Issuer and Eligible Lender Trustee have entered into a certain Eligible Lender Trust Agreement dated as of April 1, 1998 (the "Eligible Lender Trust Agreement") under which Eligible Lender Trustee, at the direction of Issuer, acquires and holds title to student loans made pursuant to the Higher Education Act of 1965, as amended ("Loans") for the benefit of Issuer upon the terms and conditions therein provided. B. Issuer has secured funds through the issuance of student loan asset backed notes ("Notes") pursuant to a certain Trust Agreement ("Trust Agreement') da
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)EXHIBIT 4.3 SECOND TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and NBD Bank, N.A. as Trustee Dated as of January 1, 1999 Securing $150,000,000 STUDENT LOAN ASSET-BACKED NOTES AUCTION RATE SECURITIES 1999 SENIOR SERIES A-5 and A-6 SECOND TERMS SUPPLEMENT, dated as of January 1, 1999, between EMT Corp., an Indiana corporation (
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 4.1 EXECUTION COPY TRUST AGREEMENT between EMT CORP, as Issuer and NBD Bank, N.A. as Trustee Dated as of May 15, 1998 TABLE OF CONTENTS PAGE ARTICLE I SHORT TITLE DEFINITIONS, AND INTERPRETATION Section 1.1. Short Title 4 Section 1.2. Definitions 4 Section 1.3. Interpretation 12
Emt Corp – ADMINISTRATIVE AGREEMENT (September 23rd, 2002)EXHIBIT 10.5 ADMINISTRATIVE AGREEMENT THIS ADMINISTRATIVE AGREEMENT (the "Agreement") dated effective as of this 15th day of May, 1998, by and between EFS Inc., an Indiana corporation (" the Administrator"), and EMT Corp., an Indiana corporation ("Issuer"): WITNESSETH: WHEREAS, Issuer is engaged in the business of acquiring certain student loans and in connection with those activities, buys and sells such student loans and enters into financing transactions to enable it to fund its operations. WHEREAS, Administrator has personnel and expertise which would be of assistance to Issuer with respect to the administration, financial and data processing activities of the Issuer. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. DEFINITIONS. Capitalized terms used but not de
Emt Corp – TRUST AGREEMENT (September 23rd, 2002)Exhibit 4.2 FIRST TERMS SUPPLEMENT TO THE TRUST AGREEMENT DATED AS OF MAY 15, 1998 between EMT CORP. as Issuer and NBD Bank, N.A. as Trustee Dated as of May 15, 1998 Securing $350,000,000 STUDENT LOAN ASSET-BACKED NOTES AUCTION RATE SECURITIES 1998 SENIOR SERIES A-1 through A-4 1998 SENIOR SUBORDINATE SERIES B TABLE OF CONTENTS
