Common use of The Structured Notes Clause in Contracts

The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount equal to $275,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 (the “WBNA Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of WBNA Advances (the VFCC Structured Note together with the WBNA Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount.” (c) The Commitment of WBNA as an Investor set forth on the signature pages of the Agreement is hereby amended and restated to be “$275,000,000; provided, however, that the sum of the Commitments of the Investors and the Lender shall not exceed the Facility Amount.”

The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount equal to the $275,000,000225,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 (the “WBNA FUNB Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of WBNA FUNB Advances (the VFCC Structured Note together with the WBNA FUNB Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount. The Notes are intended to be “securities” and shall evidence the amount owed by the Borrower to the Lenders hereunder. (b) The Deal Agent is hereby authorized to enter on a schedule attached to the Notes notations (which may be computer generated) or to otherwise record in its internal books and records or computer system with respect to each Advance made by each Lender hereunder: (i) the date and principal amount thereof and (ii) each payment and repayment of principal thereof and any such recordation shall constitute prima facie evidence of the accuracy of the information so recorded. The failure of the Deal Agent to make any such notation on the schedule attached to the Notes shall not limit or otherwise affect the obligation of the Borrower to repay the Advances in accordance with their respective terms as set forth herein.” (cf) The Commitment of WBNA as an Investor set forth on the signature pages Section 2.10 of the Agreement is hereby amended and restated to be “$275,000,000; provided, however, that by adding the sum of the Commitments of the Investors and the Lender shall not exceed the Facility Amount.”following new Section 2.10(d):

The Structured Notes. (a) The Borrower shall deliver to the Deal Agent, on behalf of the Lenders, at the applicable address set forth on the signature pages of this Agreement, a duly executed structured note, in the form of Exhibit B-2 B–2 (the “VFCC Structured Note”), dated as of the date of this Agreement, in a face amount prior to the Facility Increase Expiration Date equal to $275,000,000275,000,000 and on and after the Facility Increase Expiration Date, $225,000,000, and otherwise duly completed in the case of VFCC Advances and a duly executed structured note, in the form of Exhibit B-1 B–1 (the “WBNA FUNB Structured Note”) dated as of the date of this Agreement, in a face amount equal to the $30,000,000, and otherwise duly completed in the case of WBNA FUNB Advances (the VFCC Structured Note together with the WBNA FUNB Structured Note, the “Notes”); provided, however, that notwithstanding anything to the contrary contained herein or in any other Transaction Document, the indebtedness of the Borrower evidenced by the Notes shall not in the aggregate exceed the Facility Amount.” (cd) The Commitment of WBNA as an Investor set forth on the signature pages of the Agreement is hereby amended and restated to be “(a) prior to the Facility Increase Expiration Date, $275,000,000; and (b) on and after the Facility Increase Expiration Date, $225,000,000; provided, however, that the sum of the Commitments of the Investors and the Lender shall not exceed the Facility Amount.”