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EXHIBIT 10.22
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FOURTH AMENDMENT
to
RECEIVABLES SALE AND SERVICING AGREEMENT
between
WABASH NATIONAL CORPORATION
as Seller and Servicer
and
NBD BANK, N.A.
as Purchaser
DATED AS OF SEPTEMBER 27, 1996
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This FOURTH AMENDMENT dated as of September 27, 1996 (the "Amendment"), is
entered into by and between Wabash National Corporation, a Delaware
corporation, in its capacity as originator and seller of the Receivables (as
defined in the Agreement, defined below) hereunder (in such capacity the
"Seller"), and in its capacity as servicer hereunder (in such capacity, the
"Servicer"), and NBD Bank, N.A., a national banking association, in its
capacity as purchaser (the "Purchaser").
RECITALS
WHEREAS, the Seller and the Purchaser have entered into a Receivables Sale
and Servicing Agreement dated as of June 29, 1995 (the "Agreement");
WHEREAS, the Seller and the Purchaser desire to amend the Agreement to
change the limit with respect to the aggregate Purchase Price of outstanding
Purchased Receivables (capitalized terms not defined herein shall have the
meaning set forth in the Agreement); and
WHEREAS, pursuant to Section 12.7 of the Agreement, neither the Agreement
nor the terms thereof may be amended, supplemented or modified except in
writing signed by the Purchaser and the Seller.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
Section 1. Amendment to Section 2.1, Purchase and Sale of Receivables.
Clause (a) of Section 2.1 of the Agreement shall deleted in its entirety and
replaced with the following:
(a) At no time can the aggregate Purchase Price of outstanding Purchased
Receivables be greater than $40,000,000; provided, however, that during the
period from September 30, 1996 to October 31, 1996, inclusive, the aggregate
Purchase Price of outstanding Purchased Receivables may not be greater than
$45,000,000.
Section 2. Effect of Amendment. Except as amended hereby, the Agreement
shall remain in full force and effect in accordance with the terms set forth
therein.
Section 3. Counterparts. This Amendment may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original, but
all such counterparts shall together constitute but one and the same
instrument.
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IN WITNESS WHEREOF, the Seller and the Purchaser have caused this
Amendment to be duly executed by their respective officers thereunto duly
authorized as of the date and year first above written.
WABASH NATIONAL CORPORATION, as Seller
and Servicer
By: /s/ Xxxx X. Xxxxxx
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Name: Xxxx X. Xxxxxx
Title: Vice President and Chief Financial
Officer
NBD BANK, N.A., as Purchaser
By: /s/ Xxx X. Xxxxxx, Xx.
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Name: Xxx X. Xxxxxx, Xx.
Title: Vice President
