EXECUTION COPY RECEIVABLES PURCHASE AGREEMENT DATED AS OF April 8, 2004 Among TRUCK RETAIL ACCOUNTS CORPORATION, AS SELLER, NAVISTAR FINANCIAL CORPORATION, AS SERVICER, JUPITER SECURITIZATION CORPORATION, AS CONDUIT and BANK ONE, NA (MAIN OFFICE...Receivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • Illinois
THIS RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation ("Navistar"), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities listed on Schedule A to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions"), Jupiter Securitization Corporation ("Conduit') and Bank One, NA (Main Office Chicago), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent"). Unless defined elsewhere herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in Exhibit I.
WAIVER NO.2 TO RECEIVABLES SALE AGREEMENTReceivables Sale Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO. 2 (this "Waiver”), dated as of January 31, 2007, is among Navistar Financial Corporation, a Delaware corporation ("Navistar"), as Transferor, and Truck Retail Accounts Corporation, a Delaware corporation, as Transferee and pertains to that certain RECEIVABLES SALE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (as heretofore amended or modified from time to time, the "Agreement”). Unless defined elsewhere herein, capitalized terms used in this Waiver have the meanings assigned to such terms in the Agreement.
EXECUTION COPYNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
Navistar Financial Corporation Navistar Financial Retail Receivables Corporation 425 N Martingale Road Suite 1800 Schaumburg, Illinois 60173 Re: Waiver Ladies/Gentlemen: October 23, 2007
TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO.8 (this "Waiver"), dated as of October 23, 2007, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller”), Navistar Financial Corporation, a Delaware corporation ("Navistar"),as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities set forth on the signature pages to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions"), JS Siloed Trust as assignee of Jupiter Securitization Company LLC ("Trust"), and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent"), and pertains to that certain RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (as heretofore amended or modified from time to time, the "Agreement"). Unless defined elsewher
TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • Illinois
THIS AMENDMENT NO. 5 (this "Amendment"), dated as of August 15, 2007, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation ("Navistar"), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities listed on Schedule A to the Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions"), Jupiter Securitization Company LLC (f/kla Jupiter Securitization Corporation) ("Jupiter"), JS Siloed Trust (the "Trust") and JPMorgan Chase Bank, N.A., successor by merger to Bank One, NA, as agent for the Purchasers (together with its successors and assigns, the "Agent"), and pertains to that certain Receivables Purchase Agreement dated as of April 8, 2004 by and among the parties hereto other than the Trust, as heretofore amended (the "Agreement"). Unless defined elsewhere herein, capitalized terms used in this, Amend
EXECUTION COPY AMENDMENT NO. 1 TO POOLING AGREEMENTPooling Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 1 TO POOLING AGREEMENT (this "Amendment") dated as of January 31, 2007, is entered into among Navistar Financial Retail Receivables Corporation (the "Seller") and Navistar Financial 2006-ARC Owner Trust, as issuer (the "Issuer").
AMENDMENT NO. 2 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 2 (this "Amendment") is made as of March 27, 1996, by and among Navistar Financial Securities Corporation, a Delaware corporation ("NFSC"), Navistar Financial Corporation, a Delaware corporation ("NFC"), and The Bank of New York, as Master Trust Trustee (the "Master Trust Trustee").
AMENDMENT NO. 4 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • Illinois
THIS AMENDMENT NO. 4 (this "Amendment"), dated as of August 10, 2007, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation ("Navistar”), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities listed on Schedule A to the Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions"), Jupiter Securitization Company LLC (f/k/a Jupiter Securitization Corporation) ("Conduit”) and JPMorgan Chase Bank, N.A., successor by merger to Bank One, NA, as agent for the Purchasers (together with its successors and assigns, the "Agent”), and pertains to that certain Receivables Purchase Agreement dated as of April 8, 2004 by and among the parties hereto, as heretofore amended (the "Agreement”). Unless defined elsewhere herein, capitalized terms used in this, Amendment shall have the meanings assigned to such terms
EXECUTION COPY AMENDMENT NO. 1 TO POOLING AGREEMENTPooling Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 1 TO POOLING AGREEMENT (this "Amendment") dated as of May 31, 2007, is entered into among Navistar Financial Retail Receivables Corporation (the "Seller") and Navistar Financial 2006-RBC Owner Trust, as issuer (the "Issuer").
TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO. 5 (this "Waiver”), dated as of January 17, 2006, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller”), Navistar Financial Corporation, a Delaware corporation ("Navistar”), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party”), the entities listed on Schedule A to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions”), Jupiter Securitization Corporation ("Conduit”) and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent”), and pertains to that certain RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (as heretofore amended or modified from time to time, the "Agreement”). . Unless defined elsewhere herein, capitalized terms used in th
EXECUTION COPYNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT TO NOTE PURCHASE AGREEMENT (this "Amendment") dated as of January 31, 2007, is entered into among Navistar Financial Retail Receivables Corporation (the "Seller"), Navistar Financial Corporation ("Servicer"), Kitty Hawk Funding Corporation, ("KHFC"), as a Conduit Investor, and Bank of America, National Association ("Bank of America"), as Agent, the Administrator and an Alternate Investor.
AMENDMENT NO. 2 TO THE SERIES 1995-1 SUPPLEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 2 to Series 1995-1 Supplement (this "Amendment") is made as of August 19, 1997 by and among Navistar Financial Securities Corporation, a Delaware corporation ("NFSC"), Navistar Financial Corporation, a Delaware corporation ("NFC"), and The Bank of New York, a New York banking corporation, as Master Trust Trustee (the "Master Trust Trustee”).
NAVISTAR FINANCIAL CORPORATION AND SUBSIDIARIES MATERIAL CONTRACTSPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
ContractNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
Please refer to the Receivables Purchase Agreement, dated as of July 30, 2004 (as in effect on the date hereof, the "Receivables Purchase Agreement") among Navistar Financial Retail Receivables Corporation, as Seller, Navistar Financial Corporation, as Servicer, Thunder Bay Funding, LLC, as Company, and Royal Bank of Canada, as Agent. Capitalized terms used but not defined herein have the respective meanings ascribed to them in the Receivables Purchase Agreement.
WAIVER NO. 1 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO. 1 (this "Waiver"), dated as of January 28, 2005, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation ("Navistar"), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities listed on Schedule A to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions"), Jupiter Securitization Corporation ("Conduit") and Bank One, NA (Main Office Chicago), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent"), and pertains to that certain RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (the "Agreement"). Unless defined elsewhere herein, capitalized terms used in this Waiver have the meanings assigned to such terms in the Agreement.
WAIVER Dated as of January 8, 2007Navistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
EXECUTION COPYNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
Navistar Financial Corporation Navistar Financial Retail Receivables Corporation 425 N Martingale Road, Suite 1800 Schaumburg, Illinois 60173 Re: Waiver Ladies/Gentlemen: January 31, 2007
NAVISTAR FINANCIAL SECURITIES CORPORATION Seller NAVISTAR FINANCIAL CORPORATION Servicer and THE BANK OF NEW YORK Master Trust Trustee on behalf of the Series 1997-1 Certificateholders SERIES 1997-1 SUPPLEMENT Dated as of August 19, 1997 to POOLING...Pooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
SERIES 1997-1 SUPPLEMENT dated as of August 19, 1997 (the "Series Supplement"), by and among NAVISTAR FINANCIAL SECURITIES CORPORATION, a Delaware corporation, as Seller (the "Seller"), NAVISTAR FINANCIAL CORPORATION, a Delaware corporation, as Servicer (the "Servicer"), and THE BANK OF NEW YORK, a New York banking corporation, as trustee (together with its successors in trust thereunder as provided in the Agreement referred to below, the "Master Trust Trustee") under the Pooling and Servicing Agreement, dated as of June 8, 1995 (as amended and supplemented, the "Agreement") among the Seller, the Servicer, the Master Trust Trustee and The Chase Manhattan Bank, as trustee under the 1990 Trust Agreement.
Execution Copy AMENDMENT TO AMENDED AND RESTATED CERTIFICATE PURCHASE AGREEMENTCertificate Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT TO AMENDED AND RESTATED CERTIFICATE PURCHASE AGREEMENT (this "Amendment") dated as of October 31, 2006, is entered into among Navistar Financial Securities Corporation (the "Seller"), Navistar Financial Corporation ("Servicer"), Kitty Hawk Funding Corporation, ("KHFC"), as a Conduit Purchaser, Liberty Street Funding Corp. ("Liberty Street"), as a Conduit Purchaser, the Bank of Nova Scotia ("BNS"), as a Managing Agent and a Committed Purchaser, and Bank of America, National Association ("Bank of America"), as a Managing Agent, the Administrative Agent and a Committed Purchaser.
EXECUTION COPYNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
AMENDMENT NO. 2 TO THE SERIES 2000-VFC SUPPLEMENT TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 2 (this "Amendment") to the Series 2000-VFC Supplement to the Pooling and Servicing Agreement is made as of October 25, 2007, by and among Navistar Financial Securities Corporation, a Delaware corporation, as Seller, Navistar Financial Corporation, a Delaware corporation, as Servicer, and The Bank of New York, a New York banking corporation, as Master Trust Trustee.
WAIVER Dated as of October 22, 2007Navistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
AMENDMENT NO. 1 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 1 (this "Amendment") is made as of September 12, 1995, by and among Navistar Financial Securities Corporation, a Delaware corporation ("NFSC"), Navistar Financial Corporation, a Delaware corporation ("NFC"), and The Bank of New York, as Master Trust Trustee (the "Master Trust Trustee").
ContractNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
Navistar Financial Corporation Navistar Financial Retail Receivables Corporation 425 N Martingale Road, Suite 1800 Schaumburg, Illinois 60173 Re: Waiver Ladies/Gentlemen: March 31, 2007
AMENDMENT NO. 2 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • Illinois
THIS AMENDMENT NO. 2 (this "Amendment'), dated as of August 14, 2005, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation (“Navistar”), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party"), the entities listed on Schedule A to the Agreement (together with any of their respective successors and assigns hereunder, the “Financial Institutions”), Jupiter Securitization Corporation (“Conduit”) and JPMorgan Chase Bank, N.A., successor by merger to Bank One, NA, as agent for the Purchasers (together with its successors and assigns, the “Agent”), and pertains to that certain Receivables Purchase Agreement dated as of April 8, 2004 by and among the parties hereto, as heretofore amended (the “Agreement”). Unless defined elsewhere herein, capitalized terms used in this, Amendment shall have the meanings assigned to such terms in the Agreement.
AMENDMENT, WAIVER AND EXTENSION TO AMENDED AND RESTATED CERTIFICATE PURCHASE AGREEMENTCertificate Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT, WAIVER AND EXTENSION TO AMENDED AND RESTATED CERTIFICATE PURCHASE AGREEMENT (this "Amendment") dated as of January 31, 2007, is entered into among Navistar Financial Securities Corporation (the "Seller"), Navistar Financial Corporation ("Servicer"), Kitty Hawk Funding Corporation, ("KHFC"), as a Conduit Purchaser, Liberty Street Funding Corp. ("Liberty Street"), as a Conduit Purchaser, The Bank of Nova Scotia ("BNS"), as a Managing Agent and a Committed Purchaser, and Bank of America, National Association ("Bank of America"), as a Managing Agent, the Administrative Agent and a Committed Purchaser.
WAIVER NO. 4 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO. 4 (this "Waiver"), dated as of July 20, 2005, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller" ), Navistar Financial Corporation, a Delaware corporation ("Navistar"), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party" ), the entities listed on Schedule A to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions”), Jupiter Securitization Corporation ("Conduit”) and JPMorgan Chase Bank, N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent”), and pertains to that certain RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (the "Agreement"). Unless defined elsewhere herein, capitalized terms used in this Waiver have the meanings assigned to such terms in th
EXTENSION TO CERTIFICATE PURCHASE AGREEMENTCertificate Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS EXTENSION TO CERTIFICATE PURCHASE AGREEMENT (this "Extension") dated as of February 20, 2004, is entered into among NAVISTAR FINANCIAL SECURITIES CORPORATION, as seller (the "Seller"), NAVISTAR FINANCIAL CORPORATION, as servicer (the "Servicer"), KITTY HAWK FUNDING CORPORATION, as conduit purchaser and assignee of RECEIVABLES CAPITAL CORPORATION (the "Conduit Purchaser"), BANK OF AMERICA, NATIONAL ASSOCIATION, as a committed purchaser (the "Committed Purchaser") and BANK OF AMERICA, NATIONAL ASSOCIATION, as administrative agent for the Purchasers (in such capacity, the "Adminstrative Agent").
WAIVER NO.3 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution
THIS WAIVER NO. 3 (this "Waiver"), dated as of April 14, 2005, is among Truck Retail Accounts Corporation, a Delaware corporation ("Seller"), Navistar Financial Corporation, a Delaware corporation ("Navistar”), as initial Servicer (Navistar, together with Seller, the "Seller Parties" and each a "Seller Party”), the entities listed on Schedule A to this Agreement (together with any of their respective successors and assigns hereunder, the "Financial Institutions”), Jupiter Securitization Corporation ("Conduit") and JPMorgan Chase Bank, N.A., successor by merger to Bank One, NA (Main Office Chicago), as agent for the Purchasers hereunder or any successor agent hereunder (together with its successors and assigns hereunder, the "Agent"), and pertains to that certain RECEIVABLES PURCHASE AGREEMENT dated as of April 8, 2004 by and among the parties hereto (the "Agreement"). Unless defined elsewhere herein, capitalized terms used in this Waiver have the meanings assigned to such terms in the
AMENDMENT NO. 1 TO THE SERIES 1995-1 SUPPLEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
AMENDMENT NO. 3 TO THE POOLING AND SERVICING AGREEMENTPooling and Servicing Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT NO. 3 (this "Amendment") is made as of July 17, 1998, by and among Navistar Financial Securities Corporation, a Delaware corporation ("NFSC"), Navistar Financial Corporation, a Delaware corporation ("NFC"), and The Bank of New York, as Master Trust Trustee (the "Master Trust Trustee").
EXECUTION COPYNavistar Financial Corp • December 10th, 2007 • Miscellaneous business credit institution
Navistar Financial Corporation Navistar Financial Retail Receivables Corporation 425 N Martingale Road Suite 1800 Schaumburg, Illinois 60173 Re: Waiver Ladies/Gentlemen: October 23, 2007
AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS AMENDMENT TO NOTE PURCHASE AGREEMENT (this "Amendment") dated as of October 23, 2007, is entered into among Navistar Financial Retail Receivables Corporation (the "Seller"), Navistar Financial Corporation ("Servicer"), May Hawk Funding Corporation, ("KHFC"), as a Conduit Investor, and Bank of America, National Association ("Bank of America"), as Agent, the Administrator and an Alternate Investor.
FIRST AMMENDMENT TO CERTIFICATE PURCHASE AGREEMENTCertificate Purchase Agreement • December 10th, 2007 • Navistar Financial Corp • Miscellaneous business credit institution • New York
THIS FIRST AMENDMENT TO CERTIFICATE PURCHASE AGREEMENT (this "Amendment") dated as of January 22, 2003, is entered into among NAVISTAR FINANCIAL SECURITIES CORPORATION, as seller (the "Seller"), NAVISTAR FINANCIAL CORPORATION, as servicer (the "Servicer"), RECEIVABLES CAPITAL CORPORATION, as conduit purchaser (the "Conduit Purchaser"), BANK OF AMERICA, NATIONAL ASSOCIATION, as a committed purchaser (the "Committed Purchaser") and BANK OF AMERICA, NATIONAL ASSOCIATION, as administrative agent for the Purchasers (in such capacity, the "Administrative Agent").
