Contract
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Exhibit
10
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NAVISTAR
FINANCIAL CORPORATION
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AND
SUBSIDIARIES
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MATERIAL
CONTRACTS
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The
following documents of Navistar Financial Corporation (“the Corporation”)
are incorporated herein by reference:
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| 10.01 | Master Inter-company Agreement dated as of April 26, 1993, between the Corporation and International. Filed on the Corporation’s Form 8-K on April 30, 1993. Commission File No. 001-04146. |
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10.02
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First
Amendment to the Master Inter-company Agreement dated as of September 30,
1996, between the Corporation and International. Filed as
Exhibit 10.60 to the Corporation's Form
10-Q on September 10, 2004. Commission File No.
001-04146.
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10.03
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Second
Amendment to the Master Inter-company Agreement dated as of August 16,
2000, between the Corporation and International. Filed as
Exhibit 10.61 to the Corporation's Form
10-Q on September 10, 2004. Commission File No.
001-04146.
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10.04
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Third
Amendment to the Master Inter-company Agreement dated as of March 2002,
between the Corporation and International. Filed as Exhibit
10.62 to the Corporation's Form 10-Q
on September 10, 2004. Commission File No.
001-04146.
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10.05
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Fourth
Amendment to the Master Inter-company Agreement dated as of February 17,
2004, between the Corporation and International. Filed as
Exhibit 3.1 to the Corporation’s Form
10-Q on March 8, 2004. Commission File
No. 001-04146.
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10.06
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Amended
and Restated Master Intercompany Agreement, dated April 1, 2007, between
the Corporation and International. Filed as Exhibit 10.2 to the
Corporation’s Form 8-K on April
3, 2007. Commission File No. 001-04146.
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10.07
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Amended
and Restated Credit Agreement dated as of July 1, 2005 between the
Corporation, Arrendadora Financiera Navistar, S.A. de C. V., Servicios
Financieros Navistar, S.A. de C.V., and Navistar
Comercial,
S.A. de C.V., as Borrowers, and JPMorgan Chase Bank, N.A. as
Administrative Agent, Bank of America, N.A., as Syndication agent, and the
Bank of Nova Scotia, as Documentation
Agent,
X.X. Xxxxxx Securities Inc. and Banc of America Securities, LLC, as Joint
Book Managers and Joint Lead Arrangers, with respect to $1,200,000,000
Revolving Credit and
Competitive Advance Facility. Filed as Exhibit 10.01 to the
Corporation’s Form 8-K on September 1, 2005. Commission File
No. 001-04146.
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10.08
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Amended
and Restated Security, Pledge and Trust Agreement dated as of July 1,
2005, between the Corporation and Deutsche Bank Trust Company Americas, as
Trustee, pursuant to the terms of
the Credit agreement. Filed as Exhibit 10.02 to the
Corporation’s Form 8-K on September 1, 2005. Commission
File No. 001-04146.
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E-3
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10.09
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Waiver
dated January 17, 2006, to the Amended and Restated Credit Agreement dated
as of July 1, 2005 between the Corporation, Arrendadora Financiera
Navistar, S.A. de C. V., Servicios Financieros Navistar, S.A. de C.V., and
Navistar Comercial, S.A. de C.V., as Borrowers, and JPMorgan Chase Bank,
N.A. as Administrative Agent, Bank of America, N.A., as Syndication agent,
and the Bank of Nova Scotia, as Documentation Agent, X.X. Xxxxxx
Securities Inc. and Banc of America Securities, LLC, as Joint Book
Managers and Joint Lead Arrangers, with respect to $1,200,000,000
Revolving Credit and Competitive Advance Facility. Filed as
Exhibit 99.1 to the Corporation’s Form 8-K on March 8,
2006. Commission File No. 001-04146.
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10.10
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Second
Waiver and Consent dated March 2, 2006, to the Amended and Restated Credit
Agreement dated as of July 1, 2005 between the Corporation, Arrendadora
Financiera Navistar, S.A. de C. V., Servicios Financieros Navistar, S.A.
de C.V., and Navistar Comercial, S.A. de C.V., as Borrowers, and JPMorgan
Chase Bank, N.A. as Administrative Agent, Bank of America, N.A., as
Syndication agent, and the Bank of Nova Scotia, as Documentation Agent,
X.X. Xxxxxx Securities Inc. and Banc of America Securities, LLC, as Joint
Book Managers and Joint Lead Arrangers, with respect to $1,200,000,000
Revolving Credit and Competitive Advance Facility. Filed as
Exhibit 99.2 to the Corporation’s Form 8-K on March 8,
2006. Commission File No. 001-04146.
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10.11
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Third
Waiver and Consent dated November 10, 2006, to the Amended and Restated
Credit Agreement dated as of July 1, 2005 between the Corporation,
Arrendadora Financiera Navistar, S.A. de C. V., Servicios Financieros
Navistar, S.A. de C.V., and Navistar Comercial, S.A. de C.V., as
Borrowers, and JPMorgan Chase Bank, N.A. as Administrative Agent, Bank of
America, N.A., as Syndication agent, and the Bank of Nova Scotia, as
Documentation Agent, X.X. Xxxxxx Securities Inc. and Banc of America
Securities, LLC, as Joint Book Managers and Joint Lead Arrangers, with
respect to $1,200,000,000 Revolving Credit and Competitive Advance
Facility. Filed as Exhibit 10.1 to the Corporation’s Form 8-K
on November 20, 2006. Commission File No.
001-04146.
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10.12
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First
Amendment dated March 28, 2007, to the Amended and Restated Credit
Agreement dated as of July 1, 2005 among the Corporation, Arrendadora
Financiera Navistar, S.A. de C. V., Organizacion Auxiliar del Credito, a
Mexican corporation, Servicios Financieros Navistar, S.A. de C.V.,
Sociedad Financiera de Objeto Limitado, a Mexican corporation and Navistar
Comercial, S.A. de C.V., the Lenders party thereto, JPMorgan Chase Bank,
N.A. as Administrative Agent, Bank of America, N.A., as Syndication agent,
and the Bank of Nova Scotia, as Documentation Agent. Filed as Exhibit 10.1
to the Corporation’s Form 8-K on April 3, 2007. Commission File No.
001-04146.
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10.13
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Second
Amendment and Fourth Waiver dated October 23, 2007 to the Amended and
Restated Credit Agreement dated as of July 1, 2005 among the Corporation,
Arrendadora Financiera Navistar, S.A. de C. V., Organizacion Auxiliar del
Credito, a Mexican corporation, Servicios Financieros Navistar, S.A. de
C.V., Sociedad Financiera de Objeto Limitado, a Mexican corporation and
Navistar Comercial, S.A. de C.V., the Lenders party thereto, JPMorgan
Chase Bank, N.A. as Administrative Agent, Bank of America, N.A., as
Syndication agent, and the Bank of Nova Scotia, as Documentation
Agent. dated and filed as Exhibit 10.1 to the Corporation’s
Form 8-K on October 25, 2007. Commission File No.
001-04146.
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E-4
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10.14
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Fifth
Waiver, dated as of November 28, 2007 (this “Waiver”), to the Amended and
Restated Credit Agreement, dated as of July 1, 2005 (as heretofore
amended, supplemented or otherwise modified, the ("Credit Agreement”),
among Navistar Financial Corporation, a Delaware corporation, Arrendadora
Financiera Navistar, S.A. de C. V., Organizacion Auxiliar del Credito, a
Mexican corporation, Servicios Financieros Navistar, S.A. de C.V.,
Sociedad Financiera de Objeto Limitado, a Mexican corporation,
and Navistar Ccmercial, S.A. de C.V., a Mexican corporation (each, a
“Borrower” and collectively, the “Borrowers”), the several lenders from
time to time parties thereto (the “Lenders”), JPMorgan Chase Bank, N.A.,
as administrative agent for the Lenders (in such capacity, the
“Administrative Agent”), Bankof America, N.A., as syndication agent (in
such capacity, the “Syndication Agent”), and The Bank of Nova Scotia, as
documentation agent (in such capacity, the “Documentation
Agent”). Filed as Exhibit 10.01 to the Corporation’s Form
8-K on December, 14, 2007. Commission File No.
001-04146.
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10.15
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Pooling
and Servicing Agreement dated as of June 8, 1995, among the Corporation,
as Servicer, Navistar Financial Securities Corporation, as Seller,
Chemical Bank, as 1990 Trust Trustee, and The Bank of New York, as Master
Trust Trustee. Filed as Exhibit 4.1 to Navistar Financial
Securities Corporation’s Form 8-K on December 12,
2003. Commission File No. 033-87374.
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10.16
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First
Amendment to the Pooling and Servicing Agreement dated as of September 12,
1995, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 10.103 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.17
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Second
Amendment to the Pooling and Servicing Agreement dated as of March 27,
1996, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 10.104 to the Corporation’s Form 10-K
on December 10, 2007. Commission File No. 001-04146.
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10.18
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Third
Amendment to the Pooling and Servicing Agreement dated as of July 17,
1998, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 10.105 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.19
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Fourth
Amendment to the Pooling and Servicing Agreement dated as of June 2, 2000,
among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 4.7 to Navistar Financial Securities
Corporation’s Form S-3/A dated June 12, 2000. Commission File
No. 333-32960.
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10.20
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Fifth
Amendment to the Pooling and Servicing Agreement dated as of July 13,
2000, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 4.2 to Navistar Financial Dealer Note
Master Trust’s Form 8-K on July 14, 2000. Commission File No.
000-00000-00.
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10.21
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Sixth
Amendment to the Pooling and Servicing Agreement dated as of October 31,
2003, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 4.7 to Navistar Financial Dealer Note
Master Owner Trust’s Form S-3/A dated December 23,
2003. Commission File No. 000-000000-00.
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10.22
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Seventh
Amendment to the Pooling and Servicing Agreement dated as of June 10,
2004, among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, and The Bank of New York, as Master Trust
Trustee. Filed as Exhibit 4.6 to Navistar Financial Dealer Note
Master Owner Trust’s Form 8-K on June 14, 2004. Commission File
No. 000-000000-00.
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E-5
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10.23
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Series
2000-VFC Supplement to the Pooling and Servicing Agreement, dated as of
January 28, 2000, among the Corporation, as Servicer, Navistar Financial
Securities Corporation, as Seller, and the Bank of New York, as Master
Trust Trustee on behalf of the Series 2000-VFC Certificateholders. Filed
as Exhibit 10.71 to the Corporation's Form 10-Q on April 19,
2005. Commission File No. 001-04146.
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10.24
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Certificate
Purchase Agreement, dated as of January 28, 2000, among the Corporation,
as Servicer, Navistar Financial Securities Corporation, as Seller,
Receivables Capital Corporation, as the Conduit Purchaser, Bank of
America, National Association, as Administrative Agent for the Purchasers,
and as a Committed Purchaser. Filed as Exhibit 1.1 to Navistar Financial
Securities Corporation’s Form 8-K on February 24, 2000. Commission File
No. 033-87374.
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10.25
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Extension
to the Certificate Purchase Agreement, dated as of January 25, 2001, among
the Corporation, as Servicer, Navistar Financial Securities Corporation,
as Seller, Receivables Capital Corporation, as the Conduit Purchaser, Bank
of America, National Association, as a Committed
Purchaser. Filed as Exhibit 10.106 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.26
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Extension
and Amendment to the Certificate Purchase Agreement, dated as of January
23, 2002, among the Corporation, as Servicer, Navistar Financial
Securities Corporation, as Seller, Receivables Capital Corporation, as the
Conduit Purchaser, Bank of America, National Association, as a Committed
Purchaser. Filed as Exhibit 10.107 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.27
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Amendment
No. 1 to the Series 2000-VFC Supplement to the Pooling and Servicing
Agreement, dated as of January 22, 2003, by and among the Corporation, as
Servicer, Navistar Financial Securities Corporation, as Seller, and the
Bank of New York, as Master Trust Trustee. Filed as Exhibit 10.72 to the
Corporation's Form 10-Q on April 19, 2005. Commission File No.
001-04146.
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10.28
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First
Amendment to Certificate Purchase Agreement, dated as of January 27, 2003,
among the Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, Receivables Capital Corporation, as the Conduit
Purchaser, Bank of America, National Association, as Administrative Agent
for the Purchasers, and as a Committed Purchaser. Filed
as Exhibit 10.108 to the Corporation’s Form 10-K on December 10, 2007.
Commission File No. 001-04146.
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10.29
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Amended
and Restated Certificate Purchase Agreement, dated as of December 27,
2004, among Corporation, as Servicer, Navistar Financial Securities
Corporation, as Seller, Kitty Hawk Funding Corporation, as a Conduit
Purchaser, Liberty Street Funding Corp., as a Conduit Purchaser, Bank of
America, National Association, as Administrative Agent for the Purchasers,
a Managing Agent, and as a Committed Purchaser and the Bank of Nova
Scotia, as a Committed Purchaser and as a Managing Agent. Filed as Exhibit
10.73 to the Corporation's Form 10-Q on April 19,
2005. Commission File No. 001-04146.
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10.30
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Extension
to Amended and Restated Certificate Purchase Agreement, dated as of
December 19, 2005, among the Corporation, as Servicer, Navistar Financial
Securities Corporation, as Seller, Kitty Hawk Funding Corporation, as a
Conduit Purchaser, Liberty Street Funding Corp., as a Conduit Purchaser,
Bank of America, National Association, as Administrative Agent for the
Purchasers, a Managing Agent, and as a Committed Purchaser and the Bank of
Nova Scotia, as a Committed Purchaser and as a Managing
Agent. Filed as Exhibit 10.109 to the Corporation’s Form
10-K on December 10, 2007. Commission File No.
001-04146.
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E-6
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10.31
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Amendment,
Waiver, and Extension to Amended and Restated Certificate Purchase
Agreement, dated as of May 26, 2006, among the Corporation, as Servicer,
Navistar Financial Securities Corporation, as Seller, Kitty Hawk Funding
Corporation, as a Conduit Purchaser, Liberty Street Funding Corp., as a
Conduit Purchaser, Bank of America, National Association, as
Administrative Agent for the Purchasers, a Managing Agent, and as a
Committed Purchaser and the Bank of Nova Scotia, as a Committed Purchaser
and as a Managing Agent. Filed as Exhibit 10.110 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.32
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Amendment,
Waiver, and Extension to Amended and Restated Certificate Purchase
Agreement, dated as of January 31, 2007, among the Corporation, as
Servicer, Navistar Financial Securities Corporation, as Seller, Kitty Hawk
Funding Corporation, as a Conduit Purchaser, Liberty Street Funding Corp.,
as a Conduit Purchaser, Bank of America, National Association, as
Administrative Agent for the Purchasers, a Managing Agent, and as a
Committed Purchaser and the Bank of Nova Scotia, as a Committed Purchaser
and as a Managing Agent. Filed as Exhibit 10.111 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.33
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Amendment
dated October 31, 2006 to the Amended and Restated Certificate Purchase
Agreement, dated as of December 27, 2004, among Corporation, as Servicer,
Navistar Financial Securities Corporation, as Seller, Kitty Hawk Funding
Corporation, as a Conduit Purchaser, Liberty Street Funding Corp., as a
Conduit Purchaser, Bank of America, National Association, as
Administrative Agent for the Purchasers, a Managing Agent, and as a
Committed Purchaser and the Bank of Nova Scotia, as a Committed Purchaser
and as a Managing Agent. Filed as Exhibit 10.132 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.34
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Amendment,
waiver and extension dated March 24, 2006 to the Amended and Restated
Certificate Purchase Agreement, dated as of December 27, 2004, among
Corporation, as Servicer, Navistar Financial Securities Corporation, as
Seller, Kitty Hawk Funding Corporation, as a Conduit Purchaser, Liberty
Street Funding Corp., as a Conduit Purchaser, Bank of America, National
Association, as Administrative Agent for the Purchasers, a Managing Agent,
and as a Committed Purchaser and the Bank of Nova Scotia, as a Committed
Purchaser and as a Managing Agent. Filed as Exhibit
10.133 to the Corporation’s Form 10-K on December 10, 2007. Commission
File No. 001-04146.
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10.35
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Extension
dated February 20, 2004 to the Certificate Purchase Agreement, dated as of
January 28, 2000, among the Corporation, as Servicer, Navistar Financial
Securities Corporation, as Seller, Kitty Hawk Funding Corporation, as
conduit purchaser and assignee of Receivables Capital Corporation, and
Bank of America, National Association, as Administrative Agent for the
Purchasers, and as a Committed Purchaser. Filed as
Exhibit 10.134 to the Corporation’s Form 10-K on December 10, 2007.
Commission File No. 001-04146.
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10.36
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Amended
and Restated Certificate Purchase Agreement dated as of October 23, 2007
to the amended and restated Certificate dated December 27,
2004 between Navistar Financial Securities Corporation, as
Seller and Navistar Financial Corporation, as Servicer, Kitty Hawk Funding Corporation, as a
Conduit Purchaser, Liberty Street Funding Corp., as a Conduit Purchaser,
Bank of America, National Association, as Administrative Agent for the
Purchasers, a Managing Agent, and as a Committed Purchaser and the Bank of
Nova Scotia, as a Committed Purchaser and as a Managing
Agent. Filed as Exhibit 10.147 to the Corporation’s Form
10-K on December 10, 2007. Commission File No.
001-04146.
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E-7
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10.37
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Amended
and Restated Fee Letter dated October 23, 2007, to the Restated Fee Letter
dated May 26, 2006 amended and restated Certificate Purchase Agreement
dated December 27, 2004 between Navistar Financial Securities Corporation,
as Seller, Navistar Financial Corporation, as Servicer, Bank of America,
National Association and The Bank of Nova Scotia, Kitty Hawk Funding
Corporation, as a Conduit Purchaser, Liberty Street Funding LLC, as a
Conduit Purchaser, The Bank of Nova Scotia, as a Managing Agent and as a
Committed Purchaser, Bank of America, National Association, as
Administrative Agent, and Bank of America, National Association, as a
Committed Purchaser and a Managing Agent. Filed as
Exhibit 10.148 to the Corporation’s Form 10-K on December 10, 2007.
Commission File No. 001-04146.
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10.38
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Amendment
No. 2 dated October 25, 2007 to the Series 2000-VFC Supplement to the
Pooling and Servicing Agreement dated January 28, 2000, among Navistar
Financial Securities Corporation, as Seller, Navistar Financial
Corporation, as Servicer, The Bank of New York, a New York banking
corporation, as Master Trust Trustee. Filed as Exhibit
10.149 to the Corporation’s Form 10-K on December 10, 2007. Commission
File No. 001-04146.
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10.39
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Waiver and
Extension dated December 7, 2007 to the Amended
and Restated Certificate Purchase Agreement, dated December 27, 2004
(this “Amendment”) among Navistar Financial Securities Corporation
(the “Seller”), Navistar Financial Corporation (“Servicer”), Kitty
Hawk Funding Corporation, (“KHFC”), as a Conduit Purchaser, Liberty Street
Funding LLC (f/k/a Liberty Street Funding Corp. “Liberty Street”), as a
Conduit Purchaser, The Bank of Nova Scotia (“BNS”), as a Managing Agent
and a Committed Purchaser, and Bank of America, National Association
(“Bank of America”), as a Managing Agent, the Administrative Agent and a
Committed Purchaser. Filed as Exhibit 10.6 to the Corporation’s
Form 8-K on December 14, 2007. Commission File No.
001-04146.
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10.40
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Master
Owner Trust Agreement dated as of June 10, 2004, between Navistar
Financial Securities Corporation, as Seller and Chase Manhattan Bank USA,
N.A. as Master Owner Trust Trustee. Filed as Exhibit 4.11 to
Navistar Financial Dealer Note Master Owner Trust’s Form 8-K on June 14,
2004. Commission File No. 000-000000-00.
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10.41
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Indenture,
dated as of June 10, 2004, between Navistar Financial Dealer Note Master
Owner Trust, as Issuer, and The Bank of New York, as Indenture
Trustee. Filed as Exhibit 4.2 to Navistar Financial Dealer Note
Master Owner Trust’s Form 8-K on June 14, 2004. Commission File
No. 000-000000-00.
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10.42
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Series
2005-1 Indenture Supplement to the Indenture, dated as of February 28,
2005, between Navistar Financial Dealer Note Master Owner Trust, as
Issuer, and The Bank of New York, as Indenture Trustee. Filed
as Exhibit 4.1 to Navistar Financial Dealer Note Master Owner Trust’s Form
8-K on March 4, 2005. Commission File No.
000-000000-00.
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10.43
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Receivables
Purchase Agreement dated as of October 16, 2000, between Truck Retail
Instalment Paper Corp. and the Corporation. Filed as Exhibit
10.02 to the Corporation's Form 10-Q on March 15,
2001. Commission File No. 001-04146.
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10.44
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Servicing
Agreement dated as of October 16, 2000, between the Corporation, as
Servicer, and Navistar Leasing Company, Harco Leasing Company, Inc., Truck
Retail Instalment Paper Corp., The Bank of New York as Collateral Agent,
and Bank One National Association, as Portfolio Trustee. Filed
as Exhibit 10.01 to the Corporation's Form 10-Q on March 15,
2001. Commission File No. 001-04146.
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10.45
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Indenture
Agreement dated as of October 16, 2000, between Truck Retail Instalment
Paper Corp., as Issuer, and The Bank of New York, as Indenture
Trustee. Filed as Exhibit 10.03 to the Corporation's Form 10-Q
on March 15, 2001. Commission File No.
001-04146
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E-8
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10.46
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Series
2005-1 Supplement dated as of June 29, 2005, to the Indenture also dated
October 16, 2000 between Truck Retail Instalment Paper Corp., as Issuer,
and The Bank of New York, as Indenture Trustee. Filed as
Exhibit 10.03 to the Corporation’s Form 8-K on September 1,
2005. Commission File No. 001-04146.
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10.47
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Supplement
No. 1, dated as of July 24, 2001, to Indenture agreement dated October 16,
2000, among Truck Retail Instalment Paper Corp., as Issuer, and The Bank
of New York, as Indenture Trustee, to amend the Indenture to (i) revise
the definition of "Series 2000-1 Loss Reserve Specified Balance", and (ii)
revise the Amortization Events. Filed as Exhibit 10 to the Corporation’s
Form 8-K on August 6, 2001. Commission File No.
001-04146.
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10.48
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Supplement
No. 2, dated as of July 31, 2002, to Indenture agreement dated October 16,
2000, among Truck Retail Instalment Paper Corp., as Issuer, and The Bank
of New York, as Indenture Trustee, to amend the Indenture to (i) revise
the definition of “Series 2000-1 Loss Reserve Specified Balance,” (ii)
revise the definition of “Reserve Account Trigger Event.”, and (iii)
revise the definition of “Receivable Sale Closing
Conditions.” Filed on the Corporation’s Form 8-K on November
27, 2002. Commission File No. 001-04146.
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10.49
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Receivables
Purchase Agreement, dated as of April 8, 2004, among Truck Retail Accounts
Corporation, as Seller, the Corporation, as Servicer, Bank One, NA, as
Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.112 to the Corporation’s Form 10-K
on December 10, 2007. Commission File No. 001-04146.
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10.50
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Receivables
Sale Agreement, dated as of April 8, 2004, between the Corporation, as
Transferor, and Truck Retail Accounts Corporation, as
Transferee. Filed as Exhibit 10.113 to the Corporation’s Form
10-K on December 10, 2007. Commission File No.
001-04146.
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10.51
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Waiver
No. 1 to Receivables Purchase Agreement, dated as of January 28, 2005,
among Truck Retail Accounts Corporation, as Seller, the Corporation, as
initial Servicer, Bank One, NA, as Agent, and Jupiter Securitization
Corporation, as Conduit. Filed as Exhibit 10.114 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.52
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Waiver
No. 2 to Receivables Purchase Agreement, dated as of March 14, 2005, among
Truck Retail Accounts Corporation, as Seller, the Corporation, as initial
Servicer, Bank One, NA, as Agent, and Jupiter Securitization Corporation,
as Conduit. Filed as Exhibit 10.115 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.53
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Waiver
No. 3 to Receivables Purchase Agreement, dated as of April 14, 2005, among
Truck Retail Accounts Corporation, as Seller, the Corporation, as initial
Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank One, NA),
as Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.116 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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10.54
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Waiver
No. 4 to Receivables Purchase Agreement, dated as of July 20, 2005, among
Truck Retail Accounts Corporation, as Seller, the Corporation, as initial
Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank One, NA),
as Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.117 to the Corporation’s Form 10-K
on December 10, 2007. Commission File No. 001-04146.
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10.55
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Waiver
No. 5 to Receivables Purchase Agreement, dated as of January 17, 2006,
among Truck Retail Accounts Corporation, as Seller, the Corporation, as
initial Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank
One, NA), as Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.118 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
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E-9
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10.56
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Waiver
No. 6 to Receivables Purchase Agreement, dated as of March 21, 2006, among
Truck Retail Accounts Corporation, as Seller, the Corporation, as initial
Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank One, NA),
as Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.119 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.57
|
Waiver
No. 7 to Receivables Purchase Agreement, dated as of January 31, 2007,
among Truck Retail Accounts Corporation, as Seller, the Corporation, as
initial Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank
One, NA), as Agent, and Jupiter Securitization Corporation, as Conduit.
Filed as Exhibit 10.120 to the Corporation’s Form 10-K on December 10,
2007. Commission File No. 001-04146.
|
|
10.58
|
Waiver
No. 1 to Receivables Sale Agreement, dated as of March 21, 2006, among the
Corporation, as Transferor and Truck Retail Accounts Corporation, as
Transferee. Filed as Exhibit 10.121 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.59
|
Waiver
No. 2 to Receivables Sale Agreement, dated as of January 31, 2007, among
the Corporation, as Transferor and Truck Retail Accounts Corporation, as
Transferee. Filed as Exhibit 10.122 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.60
|
Amendment
No. 1 to Receivables Purchase Agreement, dated as of March 31, 2005, among
Truck Retail Accounts Corporation, as Seller, the Corporation, as initial
Servicer, Bank One, NA, as Agent, and Jupiter Securitization Corporation,
as Conduit. Filed as Exhibit 10.123 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.61
|
Amendment
No. 2 to Receivables Purchase Agreement, dated as of August 14, 2005,
among Truck Retail Accounts Corporation, as Seller, the Corporation, as
initial Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank
One, NA), as Agent, and Jupiter Securitization Corporation, as
Conduit. Filed as Exhibit 10.124 to the Corporation’s Form 10-K
on December 10, 2007. Commission File No. 001-04146.
|
|
10.62
|
Amendment
No. 3 to Receivables Purchase Agreement, dated as of August 11, 2006,
among Truck Retail Accounts Corporation, as Seller, the Corporation, as
initial Servicer, XX Xxxxxx Xxxxx Bank, N.A.(successor by merger to Bank
One, NA), as Agent, and Jupiter Securitization Corporation, as Conduit.
Filed as Exhibit 10.125 to the Corporation’s Form 10-K on December 10,
2007. Commission File No. 001-04146.
|
|
10.63
|
Amendment
No. 4 dated August 10, 2007 to the Receivables Purchase Agreement, dated
as of April 8, 2004, among Truck Retail Accounts Corporation, as Seller,
the Corporation, as Servicer, XX Xxxxxx Xxxxx Bank, N.A. (successor by
merger to Bank One, NA), as Agent, and Jupiter Securitization Corporation,
as Conduit. Filed as Exhibit 10.128 to the Corporation’s Form
10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.64
|
Amendment
No. 5 dated August 15, 2007 to the Receivables Purchase Agreement, dated
as of April 8, 2004, among Truck Retail Accounts Corporation, as Seller,
the Corporation, as Servicer, XX Xxxxxx Xxxxx Bank, N.A. (successor by
merger to Bank One, NA), as Agent, Jupiter Securitization Company, LLC,
and JS Siloed Trust, as Trust. Filed as Exhibit 10.135 to
the Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
E-10
|
10.65
|
First
Amended Control Agreement, dated as of February 20, 2007, among Truck
Retail Accounts Corporation, as Seller, the Corporation, as Servicer, XX
Xxxxxx Xxxxx Xxxxx N.A. (successor by merger to Bank One, N.A.), as Agent,
and The Bank of New York (successor to XX Xxxxxx Xxxxx Bank, N.A.), as
Securities Intermediary. Filed as Exhibit 10.138 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.66
|
Waiver
No.
8 dated October 23, 2007 to the Receivables Purchase Agreement
dated as of April 8, 2004 among Truck Retail Accounts Corporation, as
Seller, Navistar
Financial Corporation, as initial Servicer,
JS Siloed Trust as assignee of Jupiter Securitization Company LLC,
and JPMorgan Chase Bank, N.A. (successor by merger to Bank One,
NA), as agent. Filed as Exhibit 10.150 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.67
|
Waiver
No. 3 dated October 23, 2007 to the Receivables Sale Agreement dated as of
April 8, 2004 among Navistar Financial Corporation, a Delaware
corporation, as
Transferor, and Truck Retail Accounts Corporation, as
Transferee. Filed as Exhibit 10.151 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.68
|
Fourth
Waiver dated November 28, 2007 to the Receivable Sale Agreement dated
April 8, 2004, among Navistar Financial Corporation, as Transferor, and
Truck Retail Accounts Corporation, as Transferee. Filed as
Exhibit 10.11 to the Corporation’s Form 8-K on December 14,
2007. Commission File No. 001-04146.
|
|
10.69
|
Xxxxx
Xxxxxx (this “Waiver”), dated November 28, 2007 to the
Receivable Purchase Agreement dated April 8, 2004, among Truck Retail
Accounts Corporation, a Delaware corporation (“Seller”), Navistar
Financial Corporation, a Delaware corporation (“Navistar”), as initial
Servicer (Navistar, together with Seller, the “Seller Parties” and each a
“Seller Party”), the entities set forth on the signature pages to this
Agreement (together with any of their respective successors and assigns
hereunder, the “Financial Institutions”), JS Siloed Trust as assignee of
Jupiter Securitization Company LLC (“Trust”), and JPMorgan Chase Bank,
N.A. (successor by merger to Bank One, NA (Main Office Chicago)), as agent
for the Purchasers. Filed as Exhibit 10.11 to the
Corporation’s Form 8-K on December 14, 2007. Commission
File No. 001-04146.
|
|
10.70
|
Purchase
Agreement dated as of July 27, 2005, between the Corporation and Navistar
Financial Retail Receivables Corporation, with respect to Navistar
Financial 2005-A Owner Trust. Filed as Exhibit 99.1 to Navistar
Financial Retail Receivables Corporation Owner Trust 2005-A’s Form 8-K on
July 27, 2005. Commission File No.
000-000000-00.
|
|
10.71
|
Pooling
Agreement dated as of July 27, 2005 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2005-A Owner
Trust, as Issuer. Filed as Exhibit 4.1 to Navistar Financial
Retail Receivables Corporation Owner Trust 2005-A Form 8-K on July 27,
2005. Commission File
No. 000-000000-00.
|
|
10.72
|
Servicing
Agreement dated as of July 27, 2005, between the Corporation, as Servicer,
Navistar Leasing Company, Harco Leasing Company, Inc., Navistar Financial
Retail Receivables Corporation, The Bank of New York as Collateral Agent
and as Indenture Trustee, XX Xxxxxx Trust Company, National Association,
(as successor-in-interest to Bank One, National Association),as Portfolio
Trustee, and Navistar Financial 2005-A Owner Trust, as
Issuer. Filed as Exhibit 99.3 to Navistar Financial Retail
Receivables Corporation Owner Trust 2005-A’s Form 8-K on July 27.
2005. Commission File No.
000-000000-00.
|
E-11
|
10.73
|
Trust
Agreement dated as of July 27, 2005, between Navistar Financial Retail
Receivables Corporation, as Seller, and Chase Bank USA, National
Association, as Owner Trustee, with respect to Navistar Financial 2005-A
Owner Trust. Filed as Exhibit 4.3 to Navistar
Financial Retail Receivables Corporation Owner Trust 2005-A’s Form 8-K on
July 27, 2005. Commission File
No. 000-000000-00.
|
|
10.74
|
Indenture
dated as of July 27, 2005, between Navistar Financial 2005-A Owner Trust
and The Bank of New York, as Indenture Trustee, with respect to Navistar
Financial 2005-A Owner Trust. Filed as Exhibit 4.2 to Navistar
Financial Retail Receivables Corporation Owner Trust 2005-A’s Form 8-K on
July 27, 2005. Commission File No.
000-000000-00.
|
|
10.75
|
Purchase
Agreement dated as of September 1, 2006, between the Corporation and
Navistar Financial Retail Receivables Corporation, with respect to
Navistar Financial 2006-ARC Owner Trust. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on September 8, 2006. Commission File No.
001-04146.
|
|
10.76
|
Pooling
Agreement dated as of September 1, 2006 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2006-ARC Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s Form 8-K on
September 8, 2006. Commission File No. 001-04146.
|
|
10.77
|
Servicing
Agreement dated as of September 1, 2006, between the Corporation, as
Servicer, Navistar Leasing Company, Harco Leasing Company, Inc., Navistar
Financial Retail Receivables Corporation, The Bank of New York as
Collateral Agent, LaSalle Bank National Association, as Indenture Trustee,
XX Xxxxxx Trust Company, National Association, (as successor-in-interest
to Bank One, National Association), as Portfolio Trustee, and Navistar
Financial 2006-ARC Owner Trust, as Issuer. Filed as Exhibit 10.6 to the
Corporation’s Form 8-K on September 8, 2006. Commission File No.
001-04146.
|
|
10.78
|
Trust
Agreement dated as of September 1, 2006, between Navistar Financial Retail
Receivables Corporation, as Seller, and Chase Bank USA, National
Association, as Owner Trustee, with respect to Navistar Financial 2006-ARC
Owner Trust. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on
September 8, 2006. Commission File No. 001-04146.
|
|
10.79
|
Indenture
dated as of September 1, 2006, between Navistar Financial 2006-ARC Owner
Trust and LaSalle Bank National Association, as Indenture Trustee, with
respect to Navistar Financial 2006-ARC Owner Trust. Filed as Exhibit 10.3
to the Corporation’s Form 8-K on September 8, 2006. Commission File No.
001-04146.
|
|
10.80
|
Note
Purchase Agreement, dated as of September 1, 2006, among Navistar
Financial Retail Receivables Corporation, as Seller, Navistar Financial
Corporation, as Servicer, ABN AMRO Bank N.V, as Funding Agent for the
Investors and as an alternate investor, Amsterdam Funding Corporation, as
Conduit Investor. Filed as Exhibit 10.1 to the Corporation’s
Form 8-K on September 8, 2006. Commission File No.
001-04146.
|
|
10.81
|
Amendment
No. 1 to the Pooling Agreement, dated as of January 31, 2007, among
Navistar Financial Retail Receivables Corporation (the “Seller”), and
Navistar Financial 2006-ARC Owner Trust, as Issuer. Filed as
Exhibit 10.126 to the Corporation’s Form 10-K on December 10, 2007.
Commission File No. 001-04146.
|
E-12
| 10.82 |
Waiver
dated January 31, 2007 to (i) the Indenture dated as of September 1, 2006
between Navistar Financial 2006-ARC Owner Trust, a Delaware statutory
trust, and LaSalle Bank National Association, a national banking
association, as Indenture Trustee, (ii) the Note Purchase Agreement dated
as of September 1, 2006, among Navistar Financial Retail Receivables
Corporation, as Seller, Navistar Financial Corporation, Amsterdam Funding
Corporation, as a Conduit Investor, and ABN AMRO Bank, N.V., as Funding
Agent and an Alternate Investor, (iii) the Servicing Agreement dated as of
September 1, 2006, among Navistar Leasing Company, Harco Leasing Company,
Inc., Navistar Financial Retail Receivables Corporation, The Bank of New
York Trust Company, N.A., as Collateral Agent, XX Xxxxxx Trust Company,
National Association, (as successor-in-interest to Bank One, National
Association), as Portfolio Trustee, Navistar Financial 2006-ARC Owner
Trust, as Issuer, NFC, as Servicer, and LaSalle Bank, National
Association, as Indenture Trustee, and (iv) the ISDA Master Agreement
dated as of September 1, 2006 between LaSalle Bank National Association
and Navistar Financial Corporation. Filed as Exhibit 10.130 to
the Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
|
|
|
10.83
|
Waiver
dated October 23, 2007 to (i) the indenture dated as of September 1, 2006
between Navistar Financial 2006-ARC Owner Trust, a Delaware statutory
trust, and LaSalle Bank National Association, a national banking
association, as indenture trustee (ii) the Note Purchase Agreement dated
as of September 1, 2006, among Navistar Financial Retail Receivables
Corporation, as the Seller, Navistar Financial Corporation , Amsterdam
Funding Corporation, as a Conduit Investor, and ABN AMRO Bank, N.V., as
Funding Agent and an Alternate Investor, (iii) the Servicing Agreement
dated as of September 1, 2006 (the “Servicing Agreement”), among Navistar
Leasing Company, Harco Leasing Company, Inc., Navistar Financial Retail
Receivables Corporation, The Bank of New York Trust Company, N.A., as
Collateral Agent, XX Xxxxxx Trust Company, National Association (as
successor-in-interest to Bank One, National Association), as Portfolio
Trustee, Navistar Financial 2006-ARC Owner Trust, as Issuer, Navistar
Financial Corporation, as Servicer, and LaSalle Bank, National
Association, as Indenture Trustee, and (iv) the ISDA Master Agreement
dated as of September 1, 2006 between LaSalle Bank National Association
(in such capacity, the “Swap Counterparty”) and Navistar Financial
Corporation. Filed as Exhibit 10.154 to the Corporation’s Form
10-K on December 10, 2007. Commission File No.
001-04146
|
|
10.84
|
Waiver
dated December 6, 2007 to the Indenture dated as of September 1,
2006 (as amended, the "Indenture") between Navistar Financial 2006-ARC
Owner Trust, a Delaware statutory trust, and LaSalle Bank National
Association, a national banking association, as indenture trustee (in such
capacity, the "Indenture Trustee"), (b) the Note Purchase Agreement dated
as of September 1, 2006 (the "Note Purchase Agreement"), among Navistar
Financial Retail Receivables Corporation (the "Seller"), Navistar
Financial Corporation ("NFC"), Amsterdam Funding Corporation, as a Conduit
Investor, and ABN AMRO Bank, N.V., as Funding Agent and an Alternate
Investor , (c) the Servicing Agreement dated as of September 1, 2006 (the
"ServicingAgreement"), among Navistar Leasing Company, Harco Leasing
Company, Inc., Navistar Financial Retail Receivables Corporation, The Bank
of New York Trust Company, N.A., as Collateral Agent, XX Xxxxxx Trust
Company, National Association (as successor-in-interest to Bank One,
National Association), as Portfolio Trustee, Navistar Financial 2006-ARC
Owner Trust, as Issuer, NFC, as Servicer, and LaSalle Bank, National
Association, as Indenture Trustee, and (d) the ISDA Master Agreement dated
as of September 1, 2006 between LaSalle Bank National Association (in such
capacity, the "Swap Counterpartv") and Navistar Financial Corporation.
Filed as Exhibit 10.9 to the Corporation’s Form 8-K on December 14,
2007. Commission File No. 001-04146.
|
|
|
E-13
|
10.85
|
Purchase
Agreement dated as of February 27, 2006, between the Corporation and
Navistar Financial Retail Receivables Corporation, with respect to
Navistar Financial 2006-BOA Owner Trust. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on April 5, 2006. Commission File No.
001-04146.
|
|
10.86
|
Pooling
Agreement dated as of February 27, 2006 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2006-BOA Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s Form 8-K on
April 5, 2006. Commission File No. 001-04146.
|
|
10.87
|
Servicing
Agreement dated as of February 27, 2006, between the Corporation, as
Servicer, Navistar Financial Retail Receivables Corporation, The Bank of
New York as Indenture Trustee, and Navistar Financial 2006-BOA Owner
Trust, as Issuer. Filed as Exhibit 10.6 to the Corporation’s Form 8-K on
April 5, 2006. Commission File No. 001-04146.
|
|
10.88
|
Trust
Agreement dated as of February 27, 2006, between Navistar Financial Retail
Receivables Corporation, as Seller, and Chase Bank USA, National
Association, as Owner Trustee, with respect to Navistar Financial 2006-BOA
Owner Trust. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on April
5, 2006. Commission File No. 001-04146.
|
|
10.89
|
Indenture
dated as of February 27, 2006, between Navistar Financial 2006-BOA Owner
Trust and The Bank of New York, as Indenture Trustee, with respect to
Navistar Financial 2006-BOA Owner Trust. Filed as Exhibit 10.3 to the
Corporation’s Form 8-K on April 5, 2006. Commission File No.
001-04146.
|
|
10.90
|
Note
Purchase Agreement, dated as of February 27, 2006, among Navistar
Financial Retail Receivables Corporation, as Seller, Navistar Financial
Corporation, as Servicer, Bank of America,, as Agent for the Investors,
Administrator and as an alternate investor, Kitty Hawk Funding
Corporation, as the Conduit Investor. Filed as Exhibit 10.1 to
the Corporation’s Form 8-K on April 5, 2006. Commission File No.
001-04146.
|
|
10.91
|
Amendment
dated January 31, 2007 to the Note Purchase Agreement, dated as of
February 27, 2006, among Navistar Financial Retail Receivables
Corporation, as Seller, the Corporation, as Servicer, Kitty Hawk Funding
Corporation, as Conduit Investor, and Bank of America, National
Association, as Agent. Filed as Exhibit 10.139 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.92
|
Amendment
to Note Purchase Agreement dated as of October 23, 2007, between Navistar
Financial Retail Receivables Corporation, as Seller, Navistar Financial
Corporation, as Servicer, Kitty Hawk Funding Corporation, as a Conduit
Investor, and Bank of America, National Association, as Agent, the
Administrator and an Alternate Investor. Filed as Exhibit
10.157 to the Corporation’s Form 10-K on December 10, 2007. Commission
File No. 001-04146.
|
|
10.93
|
Amendment
dated December 7, 2007 to the Note Purchase Agreement, (this
“Amendment”), among Navistar Financial Retail Receivables Corporation (the
“Seller”), Navistar Financial Corporation (“Servicer”), Kitty Hawk Funding
Corporation, (“KHFC”), as a Conduit Investor, and Bank of America,
National Association (“Bank of America”), as Agent, the Administrator and
an Alternate Investor. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on December 14, 2007. Commission
File No. 001-04146.
|
|
10.94
|
Purchase
Agreement dated as of October 20, 2006, between the Corporation and
Navistar Financial Retail Receivables Corporation, with respect to
Navistar Financial 2006-RBC Owner Trust. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on October 25, 2006. Commission File No.
001-04146.
|
E-14
|
10.95
|
Pooling
Agreement dated as of October 20, 2006 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2006-RBC Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s Form 8-K on
October 25, 2006. Commission File No. 001-04146.
|
|
10.96
|
Servicing
Agreement dated as of October 20, 2006, between the Corporation, as
Servicer, Navistar Financial Retail Receivables Corporation, The Bank of
New York as Indenture Trustee, and Navistar Financial 2006-RBC Owner
Trust, as Issuer. Filed as Exhibit 10.6 to the Corporation’s Form 8-K on
October 25, 2006. Commission File No. 001-04146.
|
|
10.97
|
Trust
Agreement dated as of October 20, 2006, between Navistar Financial Retail
Receivables Corporation, as Seller, and Chase Bank USA, National
Association, as Owner Trustee, with respect to Navistar Financial 2006-RBC
Owner Trust. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on
October 25, 2006. Commission File No. 001-04146.
|
|
10.98
|
Indenture
dated as of October 20, 2006, between Navistar Financial 2006-RBC Owner
Trust and The Bank of New York, as Indenture Trustee, with respect to
Navistar Financial 2006-RBC Owner Trust. Filed as Exhibit 10.3 to the
Corporation’s Form 8-K on October 25, 2006. Commission File No.
001-04146.
|
|
10.99
|
Note
Purchase Agreement, dated as of October 20, 2006, among Navistar Financial
Retail Receivables Corporation, as seller, Navistar Financial Corporation,
as Servicer, Royal Bank of Canada, as Agent for the Investors, and Thunder
Bay Funding LLC, as Conduit Investor. Filed as Exhibit 10.1 to
the Corporation’s Form 8-K on October 25, 2006. Commission File No.
001-04146.
|
|
10.100
|
Amendment
No.1 to the Pooling Agreement, dated as of May 31, 2007, among Navistar
Financial Retail Receivables Corporation (the “Seller”), and Navistar
Financial 2006-RBC Owner Trust, as Issuer. Filed as Exhibit
10.127 to the Corporation’s Form 10-K on December 10, 2007. Commission
File No. 001-04146.
|
|
10.101
|
Waiver
dated March 31, 2007 to (i) the Note Purchase Agreement, dated as of
October 20, 2006, among Navistar Financial Retail Receivables Corporation,
as Seller, Navistar Financial Corporation, individually and as Servicer,
Thunder Bay Funding, LLC., as Conduit Investor, and Royal Bank of Canada,
as Agent and (ii) the Servicing Agreement, dated as of October 20, 2006,
among Navistar Financial Retail Receivables, Navistar Financial 2006-RBC
Owner Trust, as issuer, Navistar Financial Corporation, as Servicer, and
The Bank of New York, as Indenture Trustee. Filed as
Exhibit 10.137 to the Corporation’s Form 10-K on December 10, 2007.
Commission File No. 001-04146.
|
|
10.102
|
Waiver
dated October 23, 2007 to (i) the Note Purchase Agreement, dated as of
October 20, 2006 among Navistar Financial Retail Receivables Corporation,
as Seller, Navistar Financial Corporation, individually and as Servicer,
Thunder Bay Funding, LLC, as Conduit Investor, and Royal Bank of Canada,
as Agent and (ii) the Servicing Agreement, dated as of October 20, 2006,
among Navistar Financial Retail Receivables Corporation, Navistar
Financial 2006-RBC Owner Trust, as Issuer, Navistar Financial Corporation
, as Servicer, and The Bank of New York, as Indenture
Trustee. Filed as Exhibit 10.155 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
E-15
|
10.103
|
Waiver
dated December 6, 2007 to the Note Purchase Agreement, dated as of
October 20, 2006 (as in effect on the date hereof, the “Note Purchase
Agreement”) among Navistar Financial Retail Receivables Corporation
(“NFRRC”), as Seller, Navistar Financial Corporation, individually (“NFC”)
and as Servicer, Thunder Bay Funding, LLC, as Conduit Investor, and Royal
Bank of Canada, as Agent and (ii) the Servicing Agreement, dated as of
October 20, 2006, among NFRRC, Navistar Financial 2006-RBC Owner Trust, as
Issuer, NFC, as Servicer, and The Bank of New York, as Indenture
Trustee. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on
December 14, 2007. Commission File No.
001-04146.
|
|
10.104
|
Purchase
Agreement dated as of June 22, 2007, between the Corporation and Navistar
Financial Retail Receivables Corporation, with respect to Navistar
Financial 2007-BNS Owner Trust. Filed as Exhibit 10.5 to the Corporation’s
Form 8-K on June 27, 2007. Commission File No.
001-04146.
|
|
10.105
|
Pooling
Agreement dated as of June 22, 2007 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2007-BNS Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s Form 8-K on
June 27, 2007. Commission File No. 001-04146.
|
|
10.106
|
Servicing
Agreement dated as of June 22, 2007, between the Corporation, as Servicer,
Navistar Financial Retail Receivables Corporation, The Bank of New York as
Indenture Trustee, and Navistar Financial 2007-BNS Owner Trust, as Issuer.
Filed as Exhibit 10.6 to the Corporation’s Form 8-K on June 27, 2007.
Commission File No. 001-04146.
|
|
10.107
|
Trust
Agreement dated as of June 22, 2007, between Navistar Financial Retail
Receivables Corporation, as Seller, and Deutsche Bank Trust Company
Delaware, as Owner Trustee, with respect to Navistar Financial 2007-BNS
Owner Trust. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on June
27, 2007. Commission File No. 001-04146.
|
|
10.108
|
Indenture
dated as of June 22, 2007, between Navistar Financial 2007-BNS Owner Trust
and The Bank of New York, as Indenture Trustee, with respect to Navistar
Financial 2007-BNS Owner Trust. Filed as Exhibit 10.3 to the Corporation’s
Form 8-K on June 27, 2007. Commission File No.
001-04146.
|
|
10.109
|
Note
Purchase Agreement, dated June 22, 2007, among Navistar Financial Retail
Receivables Corporation, as Seller, Navistar Financial Corporation, as
Servicer, The Bank of Nova Scotia, as Agent for the Investors, and Liberty
Street Funding LLC, as the Conduit Investor. Filed as Exhibit
10.1 to the Corporation’s Form 8-K on June 22, 2007. Commission File No.
001-04146.
|
|
10.110
|
Waiver
dated October 23, 2007 to (i) the Note Purchase Agreement dated as of June
22, 2007 among Navistar Financial Retail Receivables Corporation, as
Seller, Navistar Financial Corporation, individually and as Servicer,
Liberty Street Funding, LLC, as the Conduit Investor, and The Bank of Nova
Scotia, as Agent for the Investors, and (ii) the Servicing Agreement,
dated as of June_22, 2007, among Navistar Financial Retail Receivables
Corporation, Navistar Financial 2007-BNS Owner Trust, as Issuer, Navistar
Financial, as Servicer, and The Bank of New York, as Indenture
Trustee. Filed as Exhibit 10.156 to the Corporation’s
Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.111
|
Waiver
dated December 6, 2007 to the Note Purchase Agreement, dated as of
June 22, 2007 (as in effect on the date hereof, the “Note Purchase
Agreement”) among Navistar Financial Retail Receivables Corporation
(“NFRRC”), as Seller, Navistar Financial Corporation, individually (“NFC”)
and as Servicer, Liberty Street Funding, LLC, as the Conduit Investor, and
The Bank of Nova Scotia, as Agent for the Investors and (ii) the Servicing
Agreement, dated as of June 22, 2007, among NFRRC, Navistar Financial
2007-BNS Owner Trust, as Issuer, NFC, as Servicer, and The Bank of New
York, as Indenture Trustee. Filed as Exhibit 10.03 to the
Corporation’s Form 8-K on December 14, 2007. Commission
File No. 001-04146.
|
E-16
|
10.112
|
Note
Purchasing Agreement, dated as of November 28, 2007, among Navistar
Financial Retail Receivables Corporation, as Seller, Navistar Financial
Corporation, individually and as Servicer, Citicorp North America, Inc.,
as Agent for the Investors, CAFCO, LLC and CRC Funding, LLC as the Conduit
Investors, and Citibank, N.A., as Committed
Investor. Filed as Exhibit 10.1 to the Corporation’s Form
8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.113
|
Pooling
Agreement dated as of November 28, 2007 between Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2007-C Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s
Form 8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.114
|
Indenture
dated as of November 28, 2007, between Navistar Financial 2007-C Owner
Trust, as Issuer, and The Bank of New York, as the Indenture
Trustee. Filed as Exhibit 10.3 to the Corporation’s Form
8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.115
|
Trust
Agreement, dated as of November 28, 2007, between Navistar Financial
Retail Receivables Corporation, as Seller, and Deutsche Bank Trust Company
Delaware, as Owner Trustee. Filed as Exhibit 10.4 to the
Corporation’s Form 8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.116
|
Purchase
Agreement, dated November 28, 2007, among Navistar Financial Retail
Receivables Corporation, The Bank of New York, as Indenture Trustee,
Navistar Financial 2007-C Owner Trust, as Issuer, and Navistar Financial
Corporation, as Servicer. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.117
|
Servicing
Agreement, dated November 28, 2007, among Navistar Financial Retail
Receivables Corporation, The Bank of New York, as Indenture Trustee,
Navistar Financial 2007-C Owner Trust, as Issuer and Navistar Financial
Corporation, as Servicer. Filed as Exhibit 10.6 to the
Corporation’s Form 8-K on November 28, 2007. Commission File No.
001-04146.
|
|
10.118
|
Purchase
Agreement dated as of February 16, 2007, between the Corporation and
Navistar Financial Retail Receivables Corporation, with respect to
Navistar Financial 2007-JPM Owner Trust. Filed as Exhibit 10.5 to the
Corporation’s Form 8-K on February 23, 2007. Commission File No.
001-04146.
|
|
10.119
|
Pooling
Agreement dated as of February 16, 2007 among Navistar Financial Retail
Receivables Corporation, as Seller, and Navistar Financial 2007-JPM Owner
Trust, as Issuer. Filed as Exhibit 10.2 to the Corporation’s Form 8-K on
February 23, 2007. Commission File No. 001-04146.
|
|
10.120
|
Servicing
Agreement dated as of February 16, 2007, between the Corporation, as
Servicer, Navistar Financial Retail Receivables Corporation, The Bank of
New York as Indenture Trustee, and Navistar Financial 2007-JPM Owner
Trust, as Issuer. Filed as Exhibit 10.6 to the Corporation’s
Form 8-K on February 23, 2007. Commission File No.
001-04146.
|
|
10.121
|
Trust
Agreement dated as of February 16, 2007, between Navistar Financial Retail
Receivables Corporation, as Seller, and Deutsche Bank Trust Company
Delaware, as Owner Trustee, with respect to Navistar Financial 2007-JPM
Owner Trust. Filed as Exhibit 10.4 to the Corporation’s Form
8-K on February 23, 2007. Commission File No.
001-04146.
|
E-17
|
10.122
|
Indenture
dated as of February 16, 2007, between Navistar Financial 2007-JPM Owner
Trust and The Bank of New York, as Indenture Trustee, with respect to
Navistar Financial 2007-JPM Owner Trust. Filed as Exhibit 10.3 to the
Corporation’s Form 8-K on February 23, 2007. Commission File No.
001-04146.
|
|
10.123
|
Note
Purchase Agreement, dated as of February 16, 2007, among Navistar
Financial Retail Receivables Corporation, as Seller, Navistar Financial
Corporation, as Servicer, JPMorgan Chase, N.A., as Agent for the
Investors, and Jupiter Securitization Company LLC and Falcon Asset
Securitization Company LLC, Collectively, as the Conduit
Investor. Filed as Exhibit 10.1 to the Corporation’s Form
8-K on February 23, 2007. Commission File No.
001-04146.
|
|
10.124
|
Waiver
dated October 23, 2007 to (i) the Note Purchase Agreement, dated as of
February 16, 2007 among Navistar Financial Retail Receivables Corporation,
as Seller, Navistar Financial Corporation, individually and as Servicer,
Falcon Asset Securitization Company, LLC, and Park Avenue Receivables
Company, LLC, as the Conduit Investor, and XX Xxxxxx Xxxxx Bank, as Agent
for the Investors and (ii) the Servicing Agreement, dated as of February
16, 2007, among NFRRC, Navistar Financial 2007-JPM Owner Trust, as Issuer,
Navistar Financial Corporation, as Servicer, and The Bank of New York, as
Indenture Trustee. Filed as Exhibit 10.159 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.125
|
Waiver
dated December 6, 2007 to the Note Purchase Agreement, dated as of
February 16, 2007 between Navistar Financial Retail Receivables
Corporation ("NFRRC"), as Seller, Navistar Financial Corporation, as
Servicer, Falcon Asset Securitization Company, LLC, and Park Avenue
Receivables Company, LLC (as assignee of Jupiter Securitization Company,
LLC), collectively, as the Conduit Investor, and XX Xxxxxx Xxxxx Bank,
National Association, as Agent for the Investors and (ii) the Servicing
Agreement, dated as of February 16, 2007, between NFRRC, Navistar
Financial 2007-JPM Owner Trust, as Issuer, NFC, as Servicer, and The Bank
of New York, as Indenture Trustee. Filed as Exhibit 10.02 to
the Corporation’s Form 8-K on December 14,
2007. Commission File No. 001-04146.
|
|
10.126
|
Waiver
dated January 8, 2007 to the Master Purchase Agreement, dated as of June
30, 2004, among International Truck Leasing Corp. and Banc of America
Leasing & Capital LLC. Filed as Exhibit 10.140 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.127
|
Waiver
dated October 22, 2007 to the Master Purchase Agreement dated as of June
30, 2004 among Banc of America Leasing & Capital LLC and International
Truck Leasing Corp. Filed as Exhibit 10.158 to the
Corporation’s Form 10-K on December 10, 2007. Commission File No.
001-04146.
|
|
10.128
|
Waiver
dated November 20, 2007 to the Master Purchase Agreement dated as of June
30, 2004 between Banc of America Leasing & Capital, LLC and
International Truck Leasing Corporation. Filed as Exhibit
10.10 to the Corporation’s Form 8-K on December 14,
2007. Commission File No. 001-04146.
|
|
10.129
|
Note
Purchase Agreement, dated as of April 25, 2008, among the Seller, Navistar
Financial Corporation, individually and as servicer, JPMorgan Chase Bank,
N.A., as agent for the investors, and JS Siloed Trust, as the conduit
investor. Filed as Exhibit 10.1 to the Corporation’s Form 8-K
on May 1, 2008. Commission File No.
001-04146.
|
|
10.130
|
Pooling
Agreement, dated as of April 25, 2008, between Navistar Financial Retail
Receivables Corporation, as seller, and Navistar Financial 2008-A Owner
Trust, as issuer. Filed as Exhibit 10.2 to the Corporation’s
Form 8-K on May 1, 2008. Commission File No.
001-04146.
|
E-18
|
10.131
|
Indenture,
dated as of April 25, 2008, between Navistar Financial 2008-A Owner Trust,
as issuer, and The Bank of New York, as indenture
trustee. Filed as Exhibit 10.3 to the Corporation’s Form 8-K on
May 1, 2008. Commission File No.
001-04146.
|
|
10.132
|
Trust
Agreement, dated as of April 25, 2008, between Navistar Financial Retail
Receivables Corporation, as seller, and Deutsche Bank Trust Company
Delaware, as owner trustee. Filed as Exhibit 10.4 to the
Corporation’s Form 8-K on May 1, 2008. Commission File
No. 001-04146.
|
|
10.133
|
Purchase
Agreement, dated as of April 25, 2008, between Navistar Financial Retail
Receivables Corporation and Navistar Financial
Corporation. Filed as Exhibit 10.5 to the Corporation’s Form
8-K on May 1, 2008. Commission File No.
001-04146.
|
|
10.134
|
Servicing
Agreement, dated April 25, 2008, among Navistar Financial Retail
Receivables Corporation, The Bank of New York, as indenture trustee,
Navistar Financial 2008-A Owner Trust, as issuer, and Navistar Financial
Corporation, as servicer. Filed as Exhibit 10.6 to the
Corporation’s Form 8-K on May 1, 2008. Commission File
No. 001-04146.
|
|
10.135
|
Note
Purchase Agreement, dated as of July 28, 2008, among the Seller,
Navistar Financial Corporation, individually and as servicer, Credit
Suisse, New York Branch, as agent for the investors, Alpine Securitization
Corp., as the conduit investor, and Credit Suisse, Cayman Islands Branch,
as the committed investor. Filed as Exhibit 10.1 to the Corporation’s Form
8-K on July 30, 2008. Commission File No.
001-04146.
|
|
10.136
|
Pooling
Agreement, dated as of July 28, 2008, between Navistar Financial
Retail Receivables Corporation, as seller, and Navistar Financial 2008-B
Owner Trust, as issuer. Filed as Exhibit 10.2 to the Corporation’s Form
8-K on July 30, 2008. Commission File No.
001-04146.
|
|
10.137
|
Indenture,
dated as of July 28, 2008, between Navistar Financial 2008-B Owner
Trust, as issuer, and The Bank of New York Mellon, as indenture trustee.
Filed as Exhibit 10.3 to the Corporation’s Form 8-K on July 30,
2008. Commission File No. 001-04146.
|
|
10.138
|
Trust
Agreement, dated as of July 28, 2008, between Navistar Financial
Retail Receivables Corporation, as seller, and Deutsche Bank Trust Company
Delaware, as owner trustee. Filed as Exhibit 10.4 to the Corporation’s
Form 8-K on July 30, 2008. Commission File No.
001-04146.
|
|
10.139
|
Purchase
Agreement, dated as of July 28, 2008, between Navistar Financial
Retail Receivables Corporation and Navistar Financial Corporation. Filed
as Exhibit 10.5 to the Corporation’s Form 8-K on July 30,
2008. Commission File No. 001-04146.
|
|
10.140
|
Servicing
Agreement, dated July 28, 2008, among Navistar Financial Retail
Receivables Corporation, The Bank of New York Mellon, as indenture
trustee, Navistar Financial 2008-B Owner Trust, as issuer, and Navistar
Financial Corporation, as servicer. Filed as Exhibit 10.6 to the
Corporation’s Form 8-K on July 30, 2008. Commission File
No. 001-04146.
|
|
10.141
|
Amendment
and Extension to Amended and Restated Certificate Purchase Agreement,
dated October 15, 2008, among Navistar Financial Securities Corporation,
Navistar Financial Corp., Kitty Hawk Funding Corporation, as a Conduit
Purchaser, Liberty Street Funding LLC (f/k/a Liberty Street Funding
Corp.), as a Conduit Purchaser, The Bank of Nova Scotia, as a Managing
Agent and a Committed Purchaser, and Bank of America, National
Association, as a Managing Agent, the Administrative Agent and a Committed
Purchaser. Filed as Exhibit 10.1 to the Corporation’s Form 8-K on October
21, 2008. Commission File No.
001-04146.
|
E-19
|
10.142
|
Amendment
No. 3, dated October 20, 2008, to the Series 2000-VFC Supplement to the
Pooling and Servicing Agreement, dated January 28, 2000, among Navistar
Financial Securities Corporation, as Seller, Navistar Financial Corp., as
Servicer, and The Bank of New York, a New York banking corporation, as
Master Trust Trustee. Filed as Exhibit 10.2 to the Corporation’s Form 8-K
on October 21, 2008. Commission File No.
001-04146.
|
|
10.143
|
Omnibus
Amendment No. 1, dated October 20, 2008, among Navistar Financial
Retail Receivables Corporation, as Seller, Navistar Financial 2006-BOA
Owner Trust, as Issuer, and The Bank of New York Mellon, as Indenture
Trustee, and consented to and acknowledged by Navistar Financial
Corporation, as Servicer, Bank of America, N.A., as Agent, Kitty Hawk
Funding Corporation, as Conduit Investor, and Bank of America, N.A., as
Swap Counterparty. Filed as Exhibit 10.3 to the Corporation’s Form 8-K on
October 21, 2008. Commission File No.
001-04146.
|
|
10.144
|
Amendment
No. 8 to Receivables Purchase Agreement, dated October 24, 2008, among
Truck Retail Accounts Corporation, Navistar Financial Corporation, JS
Siloed Trust and JPMorgan Chase Bank, N.A., successor by merger to Bank
One, N.A.Filed as Exhibit 10.1 to the Corporation’s Form 8-K on October
30, 2008. Commission File No.
001-04146.
|
|
10.145
|
Account
Control Agreement, dated October 24, 2008, among Truck Retail Accounts
Corporation, as seller, Navistar Financial Corporation, as servicer,
JPMorgan Chase Bank, N.A., successor by merger to Bank One, N.A., as
secured party, and The Bank of New York Mellon as successor to JPMorgan
Chase Bank, N.A., as securities intermediary. Filed as Exhibit
10.2 to the Corporation’s Form 8-K on October 30,
2008. Commission File No. 001-04146.
|
|
10.146
|
Waiver
and Amendment No. 9, dated as of January 21, 2009, to the Receivables
Purchase Agreement dated as of April 8, 2004, as heretofore amended (the
"Agreement"), among Truck Retail Accounts Corporation, a Delaware
corporation, Navistar Financial Corporation, a Delaware corporation, as
initial Servicer, the entities listed on Schedule A to the Agreement, JS
Siloed Trust, and JPMorgan Chase Bank, N.A., successor by merger to Bank
One, NA, as agent for the Purchasers. Filed as Exhibit
10.1 to the Corporation’s Form 10-Q on March 11,
2009. Commission File No. 001-04146.
|
|
10.147
|
Note
Purchase Agreement, dated as of April 30, 2009, among the Seller,
Navistar Financial Corporation, individually and as servicer, Royal Bank
of Canada, as agent for the investors, and Thunder Bay Funding, LLC, as
the conduit investor. Filed as Exhibit 10.1 to the
Corporation’s Form 8-K on May 6, 2009. Commission File
No. 001-04146.
|
|
10.148
|
Pooling
Agreement, dated as of April 30, 2009, between Navistar Financial
Retail Receivables Corporation, as seller, and Navistar Financial 2009-A
Owner Trust, as issuer. Filed as Exhibit 10.2 to the
Corporation’s Form 8-K on May 6, 2009. Commission File
No. 001-04146.
|
|
10.149
|
Indenture,
dated as of April 30, 2009, between Navistar Financial 2009-A Owner
Trust, as issuer, and The Bank of New York Mellon, as indenture
trustee. Filed as Exhibit 10.3 to the Corporation’s Form
8-K on May 6, 2009. Commission File No.
001-04146.
|
|
10.150
|
Trust
Agreement, dated as of April 30, 2009, between Navistar Financial
Retail Receivables Corporation, as seller, and Deutsche Bank Trust Company
Delaware, as owner trustee. Filed as Exhibit 10.4 to the
Corporation’s Form 8-K on May 6, 2009. Commission File
No. 001-04146.
|
E-20
|
10.151
|
Purchase
Agreement, dated as of April 30, 2009, between Navistar Financial
Retail Receivables Corporation and Navistar Financial
Corporation. Filed as Exhibit 10.5 to the Corporation’s Form
8-K on May 6, 2009. Commission File No.
001-04146.
|
|
10.152
|
Servicing
Agreement, dated April 30, 2009, among Navistar Financial Retail
Receivables Corporation, The Bank of New York Mellon, as indenture
trustee, Navistar Financial 2009-A Owner Trust, as issuer, and Navistar
Financial Corporation, as servicer. Filed as Exhibit 10.6 to
the Corporation’s Form 8-K on May 6, 2009. Commission
File No. 001-04146.
|
|
10.153
|
Amendment
No. 1 to Receivables Sale Agreement, dated as of April 30, 2009, between
Navistar Financial Corporation and Truck Retail Accounts Corporation, as
consented to by JPMorgan Chase Bank, N.A., as
agent. Filed as Exhibit 10.7 to the Corporation’s Form
8-K on May 6, 2009. Commission File No.
001-04146.
|
|
10.154
|
Amended
and Restated Credit Agreement, dated as of July 1,
2005. Filed as Exhibit 10.1 to the Corporation’s Form
8-K/A on July 29, 2009. Commission File No.
001-04146.
|
|
10.155
|
Treasurer’s
Agreement Number 1, dated January 30, 2009, between Navistar Financial
Corporation and Navistar, Inc. Filed as Exhibit 10.1 to
the Corporation’s Form 8-K on August 6, 2009. Commission
File No. 001-04146.
|
|
10.156
|
Treasurer’s
Agreement Number 2, dated July 31, 2009, between Navistar Financial
Corporation and Navistar, Inc. Filed as Exhibit 10.2 to
the Corporation’s Form 8-K on August 6, 2009. Commission File
No. 001-04146.
|
|
10.157
|
Amendment
No. 2 to Receivables Sale Agreement, dated July 31, 2009, between Truck
Retail Accounts Corporation and Navistar Financial
Corporation. Filed as Exhibit 10.3 to the Corporation’s
Form 8-K on August 6, 2009. Commission File No.
001-04146.
|
|
10.158
|
Amendment
No. 10 to Receivables Purchase Agreement, dated July 31, 2009, among Truck
Retail Accounts Corporation, Navistar Financial Corporation, JS Siloed
Trust and JPMorgan Chase Bank, N.A., successor by merger to Bank One,
N.A. Filed as Exhibit 10.4 to the Corporation’s Form 8-K
on August 6, 2009. Commission File No.
001-04146.
|
|
10.159
|
Amendment
No. 4, dated August 25, 2009, to the Series 2000-VFC Supplement to the
Pooling and Servicing Agreement, dated January 28, 2000, among Navistar
Financial Securities Corporation, as Seller, Navistar Financial
Corporation, as Servicer, and The Bank of New York Mellon, a New York
banking corporation, as Master Trust Trustee. Filed as
Exhibit 10.1 to the Corporation’s Form 8-K on August 26,
2009. Commission File No. 001-04146.
|
|
10.160
|
Amendment
and Extension to Amended and Restated Certificate Purchase Agreement,
dated August 25, 2009, among Navistar Financial Securities Corporation,
Navistar Financial Corporation, Kitty Hawk Funding Corporation, as a
Conduit Purchaser, Liberty Street Funding LLC (f/k/a Liberty Street
Funding Corp.), as a Conduit Purchaser, The Bank of Nova Scotia, as a
Managing Agent and a Committed Purchaser, and Bank of America, National
Association, as a Managing Agent, the Administrative Agent and a Committed
Purchaser. Filed as Exhibit 10.2 to the
Corporation’s Form 8-K on August 26, 2009. Commission
File No. 001-04146.
|
|
10.161
|
Amendment
No. 11 to the Receivables Purchase Agreement dated October 30,
2009. Filed as Exhibit 10.1 to the Corporation’s Form 8-K
on November 4, 2009. Commission File No.
001-04146.
|
E-21
|
10.162
|
Note
Purchase Agreement, dated October 30, 2009, among Navistar Financial
Securities Corporation, Navistar Financial Corporation and Banc of America
Securities LLC, as representative of the Initial
Purchasers. Filed as Exhibit 10.2 to the Corporation’s Form 8-K
on November 17, 2009. Commission File No.
333-104639.
|
||
|
10.163
|
Series
2009-1 Indenture Supplement to the Indenture, dated November 10, 2009,
between Navistar Financial Dealer Note Master Owner Trust, as Issuer, and
The Bank of New York Mellon, a New York banking corporation, as Indenture
Trustee. Filed as Exhibit 10.1 to the Corporation’s Form 8-K on
November 17, 2009. Commission File No.
001-04146.
|
||
|
10.164
|
Amendment
No. 8 to the Pooling and Servicing Agreement, dated November 10, 2009,
among Navistar Financial Securities Corporation, Navistar Financial
Corporation and The Bank of New York Mellon, a New York banking
corporation, as Master Trust Trustee. Filed as Exhibit 10.2 to
the Corporation’s Form 8-K on November 17,
2009. Commission File No. 001-04146.
|
||
|
10.165
|
Amendment
No. 1 to Series 2004-1 Supplement to Pooling and Servicing Agreement,
dated November 10, 2009, among Navistar Financial Securities Corporation,
Navistar Financial Corporation and The Bank of New York Mellon, a New York
banking corporation, as Master Trust Trustee. Filed as Exhibit
10.3 to the Corporation’s Form 8-K on November 17,
2009. Commission File No. 001-04146.
|
||
|
10.166
|
Amendment
No. 1 to the Master Owner Trust Agreement, dated November 10, 2009,
between Navistar Financial Securities Corporation and Deutsche Bank Trust
Company Delaware, a Delaware banking corporation, as Master Owner Trust
Trustee. Filed as Exhibit 10.4 to the Corporation’s Form 8-K on
November 17, 2009. Commission File No.
001-04146.
|
||
|
10.167
|
Amendment
No. 5 to the Series 2000-VFC Supplement to the Pooling and Servicing
Agreement, dated November 10, 2009, among Navistar Financial Securities
Corporation, Navistar Financial Corporation and The Bank of New York
Mellon, a New York banking corporation, as Master Trust
Trustee. Filed as Exhibit 10.5 to the Corporation’s Form 8-K on
November 17, 2009. Commission File No.
001-04146.
|
||
|
10.168
|
Amendment
to Amended and Restated Certificate Purchase Agreement, dated November 10,
2009, among Navistar Financial Corporation, Navistar Financial Securities
Corporation, Kitty Hawk Funding Corporation, as a Conduit Purchaser,
Liberty Street Funding LLC (f/k/a Liberty Street Funding Corp.), as a
Conduit Purchaser, The Bank of Nova Scotia, as a Managing Agent and a
Committed Purchaser, and Bank of America, National Association, as a
Managing Agent, the Administrative Agent and a Committed
Purchaser. Filed as Exhibit 10.6 to the Corporation’s Form 8-K
on November 17, 2009. Commission File No.
001-04146.
|
||
|
10.169
|
Backup
Servicing Agreement, dated November 10, 2009, among Navistar Financial
Corporation, Navistar Financial Securities Corporation, The Bank of New
York Mellon, as Master Trust Trustee, and Xxxxx Fargo Bank, National
Association, as Backup Servicer. Filed as Exhibit 10.8 to the
Corporation’s Form 8-K on November 17, 2009. Commission
File No. 333-104639.
|
||
|
10.170
|
Amendment
No. 1 to the Amended and Restated Master Revolving Credit Agreement, dated
November 10, 2009, between Navistar Financial Corporation and Navistar
Financial Securities Corporation. Filed as Exhibit 10.9 to the
Corporation’s Form 8-K on November 17, 2009. Commission
File No. 333-104639.
|
||
|
10.171
|
Amended
and Restated Credit Agreement, dated as of December 16, 2009, by and among
Navistar Financial Corporation, a Delaware corporation, and Navistar
Financial, S.A. DE C.V., Sociedad Financiera De Objeto Multiple, Entidad
No Regulada, a Mexican corporation, as borrowers, the lenders party
thereto, JPMorgan Chase Bank, N.A., as administrative agent, Bank of
America, N.A., as syndication agent, and The Bank of Nova Scotia, as
documentation agent. Filed as Exhibit 10.1 to the Corporation’s
Form 8-K on December 18, 2009. Commission File No.
001-04146. THIS
AGREEMENT REPLACES THE EXISTING CREDIT AGREEMENT REFERENCED IN EXHIBIT
10.07 AND 10.154 ABOVE EFFECTIVE DECEMBER 16,
2009.
|
||
E-22
|
10.172
|
Second
Amended and Restated Parent Guarantee, dated as of December 16, 2009, by
Navistar International Corporation, a Delaware corporation, in favor of
JPMorgan Chase Bank, N.A., as administrative agent for the lenders party
to the Amended and Restated Credit Agreement. Filed as Exhibit
10.2 to the Corporation’s Form 8-K on December 18,
2009. Commission File No. 001-04146. PLEASE
NOTE THIS AGREEMENT REPLACES THE EXISTING AMENDED AND RESTATED PARENT
GUARANTY INCLUDED AS PART OF EXHIBIT 10.154 ABOVE EFFECTIVE DECEMBER 16,
2009.
|
|
10.173
|
Second
Amended and Restated Parents’ Side Agreement, dated as of December 16,
2009, by and between Navistar International Corporation, a Delaware
corporation, and Navistar, Inc. (formerly known as International Truck and
Engine Corporation), a Delaware corporation, for the benefit of the
lenders from time to time party to the Amended and Restated Credit
Agreement. Filed as Exhibit 10.3 to the Corporation’s Form 8-K
on December 18, 2009. Commission File No.
001-04146. PLEASE
NOTE THIS AGREEMENT REPLACES THE EXISTING AMENDED AND RESTATED PARENTS’
SIDE AGREEMENT INCLUDED AS PART OF EXHIBIT 10.154 ABOVE EFFECTIVE DECEMBER
16, 2009.
|
|
10.174
|
First
Amendment, dated as of December 16, 2009, to the Amended and Restated
Security, Pledge and Trust Agreement, dated as of July 1, 2005, between
Navistar Financial Corporation, a Delaware corporation, and Deutsche Bank
Trust Company Americas, a corporation duly organized and existing under
the laws of the State of New York, acting individually and as trustee for
the holders of the secured obligations under the Amended and Restated
Credit Agreement. Filed as Exhibit 10.4 to the Corporation’s
Form 8-K on December 18, 2009. Commission File No.
001-04146.
|
|
10.175
|
Note
Sale Agreement, dated as of December 16, 2009, between Navistar Financial
Corporation, a Delaware corporation, and Navistar Financial Asset Sales
Corp., a Delaware corporation. Filed as Exhibit 10.5 to the Corporation’s
Form 8-K on December 18, 2009. Commission File No.
001-04146.
|
|
10.176
|
Note
Purchase Agreement, dated as of December 16, 2009, by and between Navistar
Financial Asset Sales Corp., a Delaware corporation, and Xxxxx Fargo
Equipment Finance, Inc., a Minnesota corporation. Filed as
Exhibit 10.6 to the Corporation’s Form 8-K on December 18,
2009. Commission File No. 001-04146.
|
|
10.177
|
Servicing
Agreement, dated as of December 16, 2009, by and between Navistar
Financial Corporation, a Delaware corporation, and Xxxxx Fargo Equipment
Finance, Inc., a Minnesota corporation. Filed as Exhibit 10.7
to the Corporation’s Form 8-K on December 18,
2009. Commission File No. 001-04146.
|
|
10.178
|
Loan
and Security Agreement, dated as of December 16, 2009, by and between
Navistar Financial Corporation, a Delaware corporation, and Xxxxx Fargo
Equipment Finance, Inc., a Minnesota corporation. Filed as
Exhibit 10.8 to the Corporation’s Form 8-K on December 18,
2009. Commission File No. 001-04146.
|
|
10.179
|
Intercreditor
Agreement, dated as of December 16, 2009, by and among Navistar Financial
Corporation, a Delaware corporation, Xxxxx Fargo Equipment Finance, Inc.,
a Minnesota corporation, Deutsche Bank Trust Company Americas, a
corporation duly organized and existing under the laws of the State of New
York, acting individually and as trustee for the holders of the secured
obligations under the Amended and Restated Credit Agreement, and JPMorgan
Chase Bank, N.A., as administrative agent for the lenders party to the
Amended and Restated Credit Agreement. Filed as Exhibit 10.9 to the
Corporation’s Form 8-K on December 18, 2009. Commission
File No. 001-04146.
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E-23
