Certain Accounting Related Amendments. In addition to being subject to amendment pursuant to any other provisions relating to amendments in either the Agreement or this Supplement, the Agreement or this Supplement may be amended by the Transferors without the consent of the Servicer, the Trustee or any Investor Certificateholder to account for the transfer of assets as sales in accordance with FASB Statement No. 140, including providing for the transfer of receivables from American Express Centurion Bank to a bankruptcy-remote special purpose entity and from that entity to the trust; provided that the Transferors shall have delivered a Tax Opinion on the date of such amendment. Promptly after the effectiveness of any amendment pursuant to this Section 9.04, the Transferors shall deliver a copy of such amendment to each of the Servicer, the Trustee and each Rating Agency.
Certain Accounting Related Amendments. 35 Section 9.05. Additional Representations and Warranties of the Transferors......................35 SERIES 2003-4 SUPPLEMENT, dated as of June 18, 2003 (the "Supplement"), among AMERICAN EXPRESS CENTURION BANK, a Utah-chartered industrial loan company, and AMERICAN EXPRESS RECEIVABLES FINANCING CORPORATION II, a Delaware corporation, as Transferors, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., a New York corporation, as Servicer, and THE BANK OF NEW YORK, a banking corporation organized and existing under the laws of the State of New York, not in its individual capacity, but solely as Trustee. Pursuant to the Pooling and Servicing Agreement, dated as of May 16, 1996 (as amended and supplemented, the "Agreement"), among the Transferors, the Servicer and the Trustee, the Transferors have created the AMERICAN EXPRESS CREDIT ACCOUNT MASTER TRUST (the "Trust"). Section 6.03 of the Agreement provides that the Transferors may from time to time direct the Trustee to authenticate one or more new Series of Investor Certificates representing fractional undivided interests in the Trust. The Principal Terms of any new Series are to be set forth in a Supplement to the Agreement. Pursuant to this Supplement, the Transferors and the Trustee shall create a new Series of Investor Certificates and specify the Principal Terms thereof.
Certain Accounting Related Amendments. Notwithstanding ------------------------------------- any other provision of this Agreement to the contrary, the consent of the Servicer, the Trustee and any Investor Certificateholder is hereby deemed to be given in connection with the amendment of the Agreement or this Supplement to account for the transfer of assets as sales in accordance with FASB Statement No. 140, including providing for the transfer of receivables from the Sellers to a bankruptcy-remote special purpose entity and from that entity to the trust; provided that the Sellers shall have delivered a Tax Opinion on the date of such -------- amendment. Promptly after the effectiveness of any amendment pursuant to this Section 10.08, the Sellers shall deliver a copy of such amendment to each of the Servicer, the Trustee, each Rating Agency.
Certain Accounting Related Amendments. In addition to being subject to amendment pursuant to any other provisions relating to amendments in either the Agreement or this Supplement, Section 4.12 of this Supplement will be amended by the Seller without the consent of the Servicer, the Trustee, any Investor Certificateholder or the Swap Counterparty to permit the Trust to qualify as a "qualified special purpose entity" as defined in FASB Statement No. 140. Promptly after the effectiveness of any amendment pursuant to this Section 10.08, the Seller shall deliver a copy of such amendment to each of the Servicer, the Trustee, each Rating Agency and the Swap Counterparty.
Certain Accounting Related Amendments. In addition to being subject to amendment pursuant to any other provisions relating to amendments in either the Agreement or this Supplement, the Agreement or this Supplement will be amended by the Transferors without the consent of the Servicer, the Trustee or any Investor Certificateholder to account for the transfer of assets as sales in accordance with FASB Statement No. 140, including providing for the transfer of receivables from American Express Centurion Bank to a bankruptcy-remote special purpose entity and from that entity to the trust; provided that the Transferors shall have delivered a Tax Opinion on the date of such amendment. Promptly after the effectiveness of any amendment pursuant to this Section 9.04, the Transferors shall deliver a copy of such amendment to each of the Servicer, the Trustee and each Rating Agency. [The signature page follows this page.]
Certain Accounting Related Amendments. Notwithstanding any other provision of this Agreement to the contrary, the consent of the Servicer, the Trustee and any Investor Certificateholder is hereby deemed to be given in connection with the amendment of the Agreement or this Supplement to account for the transfer of assets as sales in accordance with FASB Statement No. 140 (or any successor pronouncement), including providing for the transfer of Receivables from the Seller to a bankruptcy-remote special purpose entity and from that entity to the Trust. Promptly after the effectiveness of any amendment pursuant to this Section 9.08, the Seller shall deliver a copy of such amendment to each of the Servicer, the Trustee and each Rating Agency.
Certain Accounting Related Amendments. 35 SERIES 2001-6 SUPPLEMENT, dated as of June 12, 2001 (the "Supplement"), among AMERICAN EXPRESS CENTURION BANK, a Utah-chartered industrial loan company, and AMERICAN EXPRESS RECEIVABLES FINANCING CORPORATION II, a Delaware corporation, as Transferors, AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., a New York corporation, as Servicer, and THE BANK OF NEW YORK, a banking corporation organized and existing under the laws of the State of New York, not in its individual capacity, but solely as Trustee. Pursuant to the Pooling and Servicing Agreement, dated as of May 16, 1996 (as amended and supplemented, the "Agreement"), among the Transferors, the Servicer and the Trustee, the Transferors have created the AMERICAN EXPRESS CREDIT ACCOUNT MASTER TRUST (the "Trust"). Section 6.03 of the Agreement provides that the Transferors may from time to time direct the Trustee to authenticate one or more new Series of Investor Certificates representing fractional undivided interests in the Trust. The Principal Terms of any new Series are to be set forth in a Supplement to the Agreement. Pursuant to this Supplement, the Transferors and the Trustee shall create a new Series of Investor Certificates and specify the Principal Terms thereof.
Certain Accounting Related Amendments. 26 Section 19. Additional Representations and Warranties of the Transferors..................................26 Section 20. Investments ..................................................................................27 Section 21. Account Additions Pursuant to Subsection 2.06(c)(vii) of the Agreement .......................27 SERIES 2001-1 SUPPLEMENT, dated as of November 7, 2001 (this "Series Supplement") among (i) AMERICAN EXPRESS RECEIVABLES FINANCING CORPORATION, a corporation organized and existing under the laws of the State of Delaware, and AMERICAN EXPRESS CENTURION BANK, a Utah-chartered industrial loan company, as Transferors, (ii) AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., a corporation organized under the laws of the State of New York, as Servicer, and (iii) THE BANK OF NEW YORK, a banking corporation organized and existing under the laws of the State of New York (together with its successors in trust thereunder as provided in the Agreement referred to below, the "Trustee"), as trustee under the Amended and Restated Master Pooling and Servicing Agreement, dated as of May 1, 1998 (as the same may be amended, supplemented or otherwise modified from time to time, the "Agreement").
Certain Accounting Related Amendments. 47 TABLE OF CONTENTS DOCSDC1:112743.9 EXHIBITS EXHIBIT A-1 Form of Class A Certificate EXHIBIT A-2 Form of Class B Certificate EXHIBIT B Form of Monthly Certificateholders' Statement EXHIBIT C Form of Monthly Servicing Officer's Certificate EXHIBIT D Form of Investment Letter SERIES 2000-4 SUPPLEMENT, dated as of October 26, 2000 (the "Supplement"), between CAPITAL ONE BANK, a Virginia banking corporation, as Seller and Servicer, and THE BANK OF NEW YORK, a New York banking corporation, as Trustee.
Certain Accounting Related Amendments. 15 Section 9.06. Additional Representations and Warranties of the Seller................................... 16 Section 9.07. Treatment of Noteholders.................................................................. 16 Section 9.08. Transfer of the Series 2005-CC Certificate................................................ 17 Section 9.09. Delivery of the Series 2005-CC Certificate................................................ 17 EXHIBITS EXHIBIT A - Form of Series 2005-CC Certificate EXHIBIT B - Form of Monthly Payment Instructions and Notification to the Trustee EXHIBIT C - Form of Monthly Certificateholders' Statement EXHIBIT D - Form of Monthly Servicer's Certificate THIS SERIES 2005-CC SUPPLEMENT, dated as of August 23, 2005 (this "Supplement"), is hereby executed by and between NATIONAL CITY BANK, a national banking association, as Seller and Servicer, and THE BANK OF NEW YORK (DELAWARE), a Delaware banking corporation, as Trustee.
