Xx. Xxxxxxx Xxxx
June 24, 1997
Page 1
ENTERPRISE FUNDING CORPORATION
c/x XXXXXXX XXXXX MONEY MARKETS INC.
World Financial Center - South Tower
000 Xxxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
June 24, 1997
Xx. Xxxxxxx Xxxx
Performance Funding Corporation
000 Xxxxx Xxxxxxxxx Xxxxxx
Xxxxxxxxxxxx, Xxxxxxx 00000
Dear Xxxxxxx:
This letter is to confirm our agreement to amend the Transfer and Administration
Agreement (the "Agreement") between Union Acceptance Corporation (the
"Collection Agent"), Performance Funding Corporation (the "Transferor") and
Enterprise Funding Corporation (the "Company") dated July 24, 1995 and as
amended to date. The Agreement shall be amended as follows and shall be
effective as of today:
In Section 7.1(q) (as amended on August 20, 1996), the reference to
"after March 31, 1996 and prior to December 31, 1996, and thereafter
within any period of six consecutive calendar months following the date
of the preceding Take-Out" shall be amended to read "after December 31,
1996 and prior to December 31, 1997, and thereafter within any period
of six consecutive calendar months following the date of the preceding
Take-Out".
The Transferor hereby represents and warrants that the representations and
warranties of the Transferor set forth in Section 3.1 of the Transfer and
Administration Agreement are true and correct as of the date hereof (except
those representations and warranties set forth therein which specifically relate
to an earlier date).
All other terms and conditions of the Agreement not amended by this letter
agreement shall remain unchanged and in full force and effect.
Xx. Xxxxxxx Xxxx
June 24, 1997
Page 2
If this letter correctly sets forth our agreement, please sign the enclosed
duplicate original and return to Xxxxx X. Xxxx, NationsBank Investment Banking,
NationsBank Corporate Center, 10th Floor, Charlotte, North Carolina 28255 by
June 30, 1997.
Sincerely.
ENTERPRISE FUNDING CORPORATION
By: /s/ X. Xxxxxx Xxxxxx
Name: X. Xxxxx Xxxxxx
Title: Vice President
Accepted and Agreed:
UNION ACCEPTANCE CORPORATION PERFORMANCE FUNDING CORPORATION
By: /s/ Xxxx Xxxxxxxxxx By: /s/ Xxxxxxx X. Xxxx
Name: Xxxx Xxxxxxxxxx Name: Xxxxxxx X. Xxxx
Title: President Title: Vice President
