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EXHIBIT 10.59
This First Amendment, dated as of December 17, 1999 (this "First Amendment"),
is entered into by and among WPS Receivables Corporation, as Transferor,
WestPoint Xxxxxxx Inc., as initial Servicer, Blue Ridge Asset Funding
Corporation, as Transferee and Wachovia Bank, N.A., as Administrator.
Capitalized terms used herein without definition have the meanings ascribed to
such terms in the Agreement.
WHEREAS, Transferor, Servicer, Transferee and Administrator entered
into that certain Asset Interest Transfer Agreement dated as of December 18,
1998 (the "Agreement"); and
WHEREAS, the parties hereto desire to amend the Agreement in certain
respects as provided herein;
NOW THEREFORE, in consideration of the premises and the other mutual
covenants contained herein, the parties hereto agree as follows:
1. The definition of "CP Tranche Period" contained in Appendix A to the
Agreement is hereby amended as follows:
by deleting the number "270", and replacing it with the number "120".
2. The definition of "Required Reserve Factor" contained in Appendix A to the
Agreement is hereby amended as follows:
by deleting the number "14%", and replacing it with the number "15%".
3. The definition of "Scheduled Maturity Date" contained in Appendix A to the
Agreement is hereby amended and restated in its entirety as follows:
" "Scheduled Maturity Date" means December 15, 2000, as extended
pursuant to Section 1.06."
4. The definition of "Transfer Limit" contained in Appendix A to the
Agreement is hereby amended as follows:
by deleting the amount of "$155,000,000", and replacing it with the
amount "$160,000,000".
Except as expressly modified hereby, all terms and conditions of the Agreement
remain in full force and effect. This First Amendment may be executed in any
number of counterparts and by different parties hereto in separate
counterparts, each of which when so executed shall be deemed to be an original
and all of which when taken together shall constitute one and the same
agreement.
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IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed by their respective officers thereunto duly authorized, as of the date
first above written.
WPS RECEIVABLES CORPORATION, as
Transferor
By: /s/ J. XXXXXX XXXXXXXX
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Name: J. Xxxxxx Xxxxxxxx
Title: Vice President/Assistant Treasurer
WESTPOINT XXXXXXX INC., as initial
Servicer
By: /s/ J. XXXXXX XXXXXXXX
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Name: J. Xxxxxx Xxxxxxxx
Title: Controller - Corporate Accounting
BLUE RIDGE ASSET FUNDING
CORPORATION,
as Transferee
By: Wachovia Bank, N.A., Attorney-in-Fact
By: /s/ XXXXXXXXX X. XXXXXX
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Name: Xxxxxxxxx X. Xxxxxx
Title: Vice President
WACHOVIA BANK, N.A., as Administrator
By: /s/ XXXXX X. XXXXXXXXX
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Name: Xxxxx X. XxXxxxxxx
Title: Senior Vice President
