0001193125-07-039047 Sample Contracts

AMENDMENT TO THIRD AMENDED AND RESTATED LIQUIDITY PURCHASE AGREEMENT (re: MOHAWK FACTORING, INC.)
Liquidity Purchase Agreement • February 26th, 2007 • Mohawk Industries Inc • Carpets & rugs • New York

This Amendment to the Third Amended and Restated Liquidity Purchase Agreement (this “Amendment”) is entered into as of July 31, 2006 among VARIABLE FUNDING CAPITAL COMPANY LLC, a Delaware limited liability company, and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, individually as an Investor and as Agent, and pertains to the Third Amended and Restated Liquidity Purchase Agreement, amended and restated as of December 1, 2005 (the “Liquidity Agreement”). Capitalized terms used and not otherwise defined herein are used with the meanings attributed thereto in the Liquidity Agreement.

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AMENDMENT TO LIQUIDITY ASSET PURCHASE AGREEMENT [MOHAWK FACTORING, INC.]
Liquidity Asset Purchase Agreement • February 26th, 2007 • Mohawk Industries Inc • Carpets & rugs • New York

THIS AMENDMENT TO LIQUIDITY ASSET PURCHASE AGREEMENT (this “Amendment”) is entered into as of July 31, 2006, among SUNTRUST BANK, a Georgia banking corporation, individually and as Liquidity Agent, THREE PILLARS FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, the “Company”), and SUNTRUST CAPITAL MARKETS, INC., a Tennessee corporation, as “TPF Agent,” and pertains to the Amended and Restated Liquidity Asset Purchase Agreement among the parties hereto dated as of August 4, 2003 (the “Existing Agreement”). Capitalized terms used and not otherwise defined herein are used with the meanings attributed thereto in the Existing Agreement.

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