EXHIBIT 4.2
DISCOVER BANK
Master Servicer, Servicer and Seller
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
on behalf of the Certificateholders
FIRST AMENDMENT TO THE
SERIES SUPPLEMENT FOR SERIES 2002-3
dated as of May 29, 2002
to
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 1993
Dated as of
September 9, 2002
THIS FIRST AMENDMENT TO THE SERIES SUPPLEMENT FOR SERIES 2002-3 (the
"Amendment"), dated as of September 9, 2002 and made effective as of August 31,
2002, is entered into by and between DISCOVER BANK (formerly Greenwood Trust
Company), a Delaware banking corporation, as Master Servicer, Servicer and
Seller ("Discover Bank") and U.S. BANK NATIONAL ASSOCIATION (formerly First Bank
National Association, successor trustee to Bank of America Illinois, formerly
Continental Bank, National Association), as Trustee (the "Trustee").
WHEREAS, Discover Bank and the Trustee have entered into the SERIES
SUPPLEMENT FOR SERIES 2002-3 (the "Series Supplement"), dated as of May 29, 2002
with respect to the Series 2002-3 Certificates, pursuant to Section 6.06 of that
certain Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"),
dated as of October 1, 1993, as amended, relating to Discover Card Master Trust
I; and
WHEREAS, pursuant to subsections 13.01(a)(ii) and 13.01(a)(iv) of the
Pooling and Servicing Agreement, Discover Bank and the Trustee desire to amend
certain definitions of the Series Supplement, as set forth below.
NOW, THEREFORE, in consideration of the foregoing and the mutual
agreements herein contained, each party agrees as follows for the benefit of the
other parties and for the benefit of the Certificateholders:
1. Definitions. Unless otherwise specified, capitalized terms used in
this Amendment shall have the same meanings ascribed to them in the Series
Supplement.
2. Amendment to the definition of "Class Interest Rate Swap".
(a) The definition of "Class Interest Rate Swap" is hereby amended
and restated in its entirety to read as follows:
"Class Interest Rate Swap," if applicable, shall mean, with
respect to a Class or Subclass, the interest rate swap agreement
or other interest rate protection agreement with respect to any
Class or Subclass, dated on the Series Closing Date, between the
Trust and the Interest Rate Swap Counterparty, and any
replacement or successor interest rate swap agreement or
interest rate protection agreement.
3. Amendment to the definition of "Series Excess Spread".
(a) The definition of "Series Excess Spread" is hereby amended by
adding at the end of that definition the following:
; provided, however, that solely for purposes of determining the
Group Excess Spread for this Series or any other Series, Series
Excess Spread shall be the amount determined as set forth above
minus any amount paid or deposited on such date by the Trust under
the Class Interest Rate Swap, if any.
4. Effect Upon the Series Supplement. Except as specifically set forth
herein, the Series Supplement shall remain in full force and effect and is
hereby ratified and confirmed.
5. Counterparts. This Amendment may be executed in two or more
counterparts (and by different parties on separate counterparts), each of which
shall be an original, but all of which together shall constitute one and the
same instrument.
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IN WITNESS WHEREOF, Discover Bank and the Trustee have caused this
Amendment to be duly executed by their respective officers as of the day and
year first above written.
DISCOVER BANK,
as Master Servicer, Servicer and Seller
By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President, Chief
Accounting Officer
and Treasurer
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By: /s/ Xxxxxxx X. Xxxxx
-----------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Vice President
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