DISCOVER BANK Master Servicer, Servicer and Seller and Trustee on behalf of the Certificateholders FIFTH AMENDMENT TO AMENDED AND RESTATED POOLING AND SERVICING AGREEMENT dated as of November 3, 2004 DISCOVER CARD MASTER TRUST I Dated as of July 24, 2009Pooling and Servicing Agreement • July 27th, 2009 • Discover Card Execution Note Trust • Asset-backed securities
This FIFTH AMENDMENT TO AMENDED AND RESTATED POOLING AND SERVICING AGREEMENT (this “Amendment”), dated as of July 24, 2009, is entered into by and between DISCOVER BANK, a Delaware banking corporation (formerly Greenwood Trust Company), as Master Servicer, Servicer and Seller (“Discover Bank”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (formerly First Bank National Association, successor trustee to Bank of America Illinois, formerly Continental Bank, National Association), as Trustee (the “Trustee”).
DISCOVER BANK Master Servicer, Servicer and Seller and U.S. BANK NATIONAL ASSOCIATION Trustee on behalf of the Certificateholders SERIES SUPPLEMENT Dated as of July 24, 2009 to AMENDED AND RESTATED POOLING AND SERVICING AGREEMENT Dated as of November...Pooling and Servicing Agreement • July 27th, 2009 • Discover Card Execution Note Trust • Asset-backed securities • New York
This Series of Master Trust Certificates is established pursuant to Section 6.06 of that certain Amended and Restated Pooling and Servicing Agreement, dated as of November 3, 2004, as amended, by and between DISCOVER BANK, a Delaware banking corporation (“Discover Bank”), as Master Servicer, Servicer and Seller and U.S. BANK NATIONAL ASSOCIATION (the “Trustee”), as Trustee (the “Pooling and Servicing Agreement”). This SERIES TERM SHEET and the ANNEX attached hereto, by and among the Master Servicer, the Servicers, the Sellers and the Trustee, constitute the SERIES SUPPLEMENT (the “Series Supplement”). The Pooling and Servicing Agreement and this Series Supplement together establish the Series of Master Trust Certificates to be known as the DISCOVER CARD MASTER TRUST I, SERIES 2009-CE CERTIFICATES. This Series is being established to provide a specific amount of credit enhancement to each of the Series listed on Schedule I hereto, and shall not be treated as providing greater credit enh
