Effect on Original Supplement. EXHIBITS EXHIBIT A-1 Form of Subclass A-1 Note EXHIBIT A-2 Form of Subclass A-2 Note EXHIBIT B-1 Form of Subclass B-1 Note EXHIBIT B-2 Form of Subclass B-2 Note EXHIBIT C Eligible Engines, Depreciation Periods and Maximum Concentration Limits EXHIBIT D-1 Lessee Acknowledgment (First Security Bank Form) EXHIBIT D-2 Lessee Acknowledgment (Xxxxxx Form) EXHIBIT E Asset Base Certificate EXHIBIT F Withdrawal Notice EXHIBIT G Funding Deliverables EXHIBIT H-1 Form of Trust Agreement EXHIBIT H-2 Form of Owner Trustee Guaranty EXHIBIT H-3 Form of Owner Trustee Mortgage EXHIBIT H-4 Form of Beneficial Interest Pledge Agreement EXHIBIT J-1 Form of Portfolio Report EXHIBIT J-2 Form of Principal Report SCHEDULES SCHEDULE 1 Certain Terms SCHEDULE 2 Initial List of Engines and Lease Agreements AMENDED AND RESTATED SERIES 2002–1 SUPPLEMENT, dated as of December 13, 2002 (the “Supplement” or the “Series 2002-1 Supplement”), between Xxxxxx Engine Funding LLC, a limited liability company organized and existing under the laws of the State of Delaware (the “Issuer”), and The Bank of New York, a New York banking corporation, as Indenture Trustee (the “Indenture Trustee”). The Issuer and the Indenture Trustee are party to the Indenture dated as of September 12, 2002, as supplemented by the Series 2002-1 Supplement dated as of September 12, 2002 (such supplement, the “Original Supplement”; and, the Indenture as supplemented by the Original Supplement, the “Original Indenture”). Contemporaneously herewith, the Issuer and the Indenture Trustee have amended and restated the Original Indenture (as so amended and restated, and as amended, restated, supplemented or otherwise modified from time to time hereafter, the “Indenture”) Pursuant to the Original Supplement, the Issuer and the Indenture Trustee created the Series 2002-1 Notes and specified the Principal Terms thereof. The Issuer and, with the unanimous consent of the Holders of the outstanding Xxxxxx Engine Funding LLC Secured Notes, Series 2002-1, Class A and B, the Indenture Trustee have agreed to amend and restate the Original Supplement but only upon the terms and conditions hereinafter set forth and in reliance on the representations and warranties of the Issuer set forth herein.
Effect on Original Supplement. The Issuer and the Indenture Trustee hereby agree that on the Effective Date (i) the terms and provisions of the Original Supplement shall be and hereby are amended and restated in their entirety by the terms and provisions of this Supplement and (ii) the execution and delivery of this Supplement shall not constitute or effect or be deemed to constitute or effect a novation, refinancing, discharge, extinguishment or refunding of any of the “Outstanding Obligations” (as defined in the Original Indenture).
Effect on Original Supplement. Notwithstanding that this Supplement is amended and restated as of April 12, 2006, nothing contained herein shall be deemed to cause a novation of any transfers, conveyances or transactions which were effected under the Supplement that was executed on August 1, 2005, as amended and supplemented to date, including, without limitation, the indebtedness evidenced by the Notes issued pursuant thereto and the security interests granted thereto.
