Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. AMENDMENT TO NOTE PURCHASE AGREEMENT (Bank of America BAGEL )Note Purchase Agreement • January 31st, 2005 • First Marblehead Corp • Personal credit institutions
Contract Type FiledJanuary 31st, 2005 Company IndustryThis Amendment to Note Purchase Agreement (this “Amendment”) is entered into this 31st day of January 2005 by and between Bank of America, N.A., a national banking association organized under the laws of the United States (“Bank of America”), and The First Marblehead Corporation, a Delaware corporation (“FMC”). Capitalized terms used herein but not defined herein shall have the meanings ascribed thereto in the Note Purchase Agreement (as defined below).