FIFTH AMENDMENT to AMENDED AND RESTATED PROGRAM AGREEMENTS BANK OF AMERICA, N.A. (Bank of America School Channel Loan Programs)Amended and Restated Program Agreements • February 11th, 2008 • First Marblehead Corp • Personal credit institutions
This Amendment is entered into as of the 7th day of February, 2008, by and among BANK OF AMERICA, N.A., a national banking association having its principal office located in the State of North Carolina (the "Lender"), and THE FIRST MARBLEHEAD CORPORATION, a Delaware corporation having a principal place of business at 800 Boylston Street, 34th Floor, Boston, Massachusetts 02199-8157 ("FMC"), with regard to the Amended and Restated Umbrella Agreement between Lender and FMC dated June 30, 2006 (the "Umbrella Agreement"), and the Amended and Restated Note Purchase Agreement between Lender and FMC dated June 30, 2006 (the "Note Purchase Agreement") (collectively, for purposes of this Amendment, the "Amended and Restated Program Agreements"). Capitalized terms used herein without definition have the meaning set forth in the Umbrella Agreement, as applicable.
