Common use of Vendor Agreements Clause in Contracts

Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 1998, by and between DFS-SPV L.P., a Delaware limited partnership ("DFS-SPV"), and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Financial Services Agreement, dated as of March 9, 1998, between Lucent Technologies Inc., a Delaware corporation, and The CIT Group, Inc., a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 except that such agreement was assigned by Lucent Technologies, Inc. to Avaya, Inc. pursuant to a certain Assignment Agreement, dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or such Pooling and Servicing Agreement have been amended since the date thereof.

Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 1998, by and between DFS-SPV L.P., a Delaware limited partnership ("DFS-SPV"), ) and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the amendment dated August 15, 2002 and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004 is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the Second Amendment to Purchase Agreement dated February 1, 2004 and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004 is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Financial Services Agreement, dated as of March 9, 1998, between Lucent Technologies Inc., a Delaware corporation, and The CIT Group, Inc., a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 except that such agreement was assigned by Lucent Technologies, Inc. to Avaya, Inc. pursuant to a certain Assignment and Assumption Agreement, dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or such Pooling and Servicing Agreement have been amended since the date thereof.

Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 199831,1998, by and between DFS-SPV L.P.L.L.C., a Delaware limited partnership liability company ("“DFS-SPV"), ”) and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the amendment dated August 15, 2002 and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004 is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P.Services, L.L.C., a Delaware limited partnership, liability company and DFS-SPV, SPV as amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the Second Amendment to Purchase Agreement dated February 1, 2004, and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004, is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Financial Services Agreement, Agreement dated as of March 9, 1998, between Lucent Technologies Technologies, Inc., a Delaware corporation, and The CIT Group, Inc. (now known as CIT Group Inc.), a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 1999, except that such agreement was assigned by Lucent Technologies, Technologies Inc. to Avaya, Inc. pursuant to a certain Assignment Agreement, and Assumption Agreement dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or nor such Pooling and Servicing Agreement have been amended since the date thereof.

Vendor Agreements. The Receivables Purchase Agreement, . dated as of October 31, 1998, by and between DFS-SPV L.P., a Delaware limited partnership ("DFS-SPV"), and CFUSAFinancial, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20001999. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since the August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20001999. The Financial Services Agreement, dated as of March 9, 1998, between Lucent Technologies Inc., a Delaware corporation, and The CIT Group, Inc., a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999an Ontario corporation, is in full force and effect and has not been amended since September 30, 1999 except that such agreement the date thereof. Any Contracts in which the Vendor is XXX Xxxxxxxxxxx was assigned by Lucent Technologies, Inc. to Avaya, Inc. purchased pursuant to a certain Assignment the NCR Operating Agreement, dated as of September 28May 6, 20001996, between XXX Xxxxxxxxxxx, a Maryland corporation, and AT&T Capital Corporation (which agreement has since been terminated). Any Contracts in which the Vendor is Snap-on Tools were was purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or such Pooling and Servicing Agreement have been amended since the date thereof.

Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 1998, by and between DFS-SPV L.P., a Delaware limited partnership ("DFS-SPV"), and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services L.P., a Delaware limited partnership, and DFS-SPV, as amended by the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, is in full force and effect and has not been amended since the August 20, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 2000. The Financial Services Agreement, dated as of March 9, 1998, between Lucent Technologies Inc., a Delaware corporation, and The CIT Group, Inc., a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 the date thereof except that such agreement was assigned by Lucent Technologies, Inc. to Avaya, Inc. pursuant to a certain Assignment Agreement, dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were was purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or such Pooling and Servicing Agreement have been amended since the date thereof.

Vendor Agreements. The Receivables Purchase Agreement, dated as of October 31, 199831,1998, by and between DFS-SPV L.P., a Delaware limited partnership ("“DFS-SPV"), ”) and CFUSA, as amended by the Amendment to Receivables Purchase Agreement, dated as of October 31, 1998, and further amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the amendment dated August 15, 2002 and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004 is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Purchase Agreement, dated as of October 31, 1998, by and between Dell Financial Services Services, L.P., a Delaware limited partnership, partnership and DFS-SPV, SPV as amended by (1) the Partial Waiver of Repurchase Option and Amendment to Receivables Purchase Agreement, dated as of August 20, 1999, (2) that certain Omnibus Agreement dated as of November 1, 2000, (3) the Second Amendment to Purchase Agreement dated February 1, 2004, and (4) that certain 2004 Extension and Funding Agreement dated as of September 8, 2004, is in full force and effect and has not been amended since August 20September 8, 1999 except as set forth in that certain Omnibus Agreement dated as of November 1, 20002004. The Financial Services Agreement, Agreement dated as of March 9, 1998, between Lucent Technologies Technologies, Inc., a Delaware corporation, and The CIT Group, Inc. (now known as CIT Group Inc.), a Delaware corporation (as assignee of Newcourt Credit Group Inc.), as amended by the Amendment No. 1 to Financial Services Agreement, dated as of September 30, 1999, is in full force and effect and has not been amended since September 30, 1999 1999, except that such agreement was assigned by Lucent Technologies, Technologies Inc. to Avaya, Inc. pursuant to a certain Assignment Agreement, and Assumption Agreement dated as of September 28, 2000. Any Contracts in which the Vendor is Snap-on Tools were purchased pursuant to the Funding Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and CIT Financial USA, Inc., dated January 4, 1999 and the Pooling and Servicing Agreement (Regarding Lease and Dealer Loan Agreements) between New Creditcorp SPC, LLC and Snap-on Credit LLC dated January 4, 1999 and neither such Funding Agreement or nor such Pooling and Servicing Agreement have been amended since the date thereof.