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EXHIBIT 4.2
DISCOVER BANK
Master Servicer, Servicer and Seller
and
U.S. BANK NATIONAL ASSOCIATION
Trustee
on behalf of the Certificateholders
OMNIBUS AMENDMENT TO SERIES SUPPLEMENTS
LISTED ON EXHIBIT A HERETO
to
POOLING AND SERVICING AGREEMENT
Dated as of October 1, 1993
Dated as of
March 30, 2001
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THIS OMNIBUS AMENDMENT TO THE SERIES SUPPLEMENTS LISTED ON
EXHIBIT A (the "Amendment"), dated as of March 30, 2001, is entered into by and
between DISCOVER BANK (formerly Greenwood Trust Company), a Delaware banking
corporation, as Master Servicer, Servicer and Seller ("Discover Bank") and U.S.
BANK NATIONAL ASSOCIATION (formerly First Bank National Association, successor
trustee to Bank of America Illinois, formerly Continental Bank, National
Association), as Trustee (the "Trustee").
WHEREAS, Discover Bank and the Trustee have entered into
certain SERIES SUPPLEMENTS (as amended prior to the date hereof, the
"Agreements"), pursuant to Section 6.06 of that certain Pooling and Servicing
Agreement (the "Pooling and Servicing Agreement"), dated as of October 1, 1993,
as amended, relating to Discover Card Master Trust I; and
WHEREAS, pursuant to subsections 13.01(a) of the Pooling and
Servicing Agreement, Discover Bank and the Trustee desire to amend Section 8 of
the Agreements.
NOW, THEREFORE, in consideration of the foregoing and the
mutual agreements herein contained, each party agrees as follows for the benefit
of the other parties and for the benefit of the Certificateholders:
1. Definitions. Unless otherwise specified, capitalized
terms used in this Amendment shall have the same meanings ascribed to them in
the Agreement.
2. Amendments to Section 8.
(a) The second sentence of the second paragraph
of Section 8(e) is hereby amended and
restated in its entirety to read as follows:
Any Permitted Investment with a stated
maturity shall mature on or prior to the
following Distribution Date and any funds
received with respect to the maturity of a
Permitted Investment shall be available in
sufficient time to allow for any payments to
be made to the Investor Certificateholders
on such Distribution Date.
3. Effect Upon the Agreement. Except as specifically
set forth herein, the Agreement shall remain in full force and effect and is
hereby ratified and confirmed.
4. Counterparts. This Amendment may be executed in two
or more counterparts (and by different parties on separate counterparts), each
of which shall be an original, but all of which together shall constitute one
and the same instrument.
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IN WITNESS WHEREOF, Discover Bank and the Trustee have caused
this Amendment to be duly executed by their respective officers as of the day
and year first above written.
DISCOVER BANK,
as Master Servicer, Servicer and Seller
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
-----------------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Title: Vice President, Chief Accounting Officer
and Treasurer
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇
------------------------------------------
Name: ▇▇▇▇▇▇ ▇▇▇▇▇
Title: Vice President
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EXHIBIT A
1. Series 1993-3 Series Supplement, dated as of November 23, 1993, between
Discover Bank and the Trustee
2. Series 1994-2 Series Supplement, dated as of October 14, 1994, between
Discover Bank and the Trustee
3. Series 1995-1 Series Supplement, dated as of April 19, 1995, between
Discover Bank and the Trustee
4. Series 1995-3 Series Supplement, dated as of September 28, 1995,
between Discover Bank and the Trustee
5. Series 1996-2 Series Supplement, dated as of January 29, 1996, between
Discover Bank and the Trustee
6. Series 1996-3 Series Supplement, dated as of February 21, 1996, between
Discover Bank and the Trustee
7. Series 1996-4 Series Supplement, dated as of April 30, 1996, between
Discover Bank and the Trustee
8. Series 1997-1 Series Supplement, dated as of August 26, 1997, between
Discover Bank and the Trustee
9. Series 1997-2 Series Supplement, dated as of October 15, 1997, between
Discover Bank and the Trustee
10. Series 1997-3 Series Supplement, dated as of October 23, 1997, between
Discover Bank and the Trustee
11. Series 1998-2 Series Supplement, dated as of March 4, 1998, between
Discover Bank and the Trustee
12. Series 1998-3 Series Supplement, dated as of March 25, 1998, between
Discover Bank and the Trustee
13. Series 1998-4 Series Supplement, dated as of April 9, 1998, between
Discover Bank and the Trustee
14. Series 1998-5 Series Supplement, dated as of June 12, 1998, between
Discover Bank and the Trustee
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15. Series 1998-6 Series Supplement, dated as of July 30, 1998, between
Discover Bank and the Trustee
16. Series 1998-7 Series Supplement, dated as of November 12, 1998, between
Discover Bank and the Trustee
17. Series 1999-1 Series Supplement, dated as of February 9, 1999, between
Discover Bank and the Trustee
18. Series 1999-2 Series Supplement, dated as of March 10, 1999, between
Discover Bank and the Trustee
19. Series 1999-3 Series Supplement, dated as of April 6, 1999, between
Discover Bank and the Trustee
20. Series 1999-4 Series Supplement, dated as of April 27, 1999, between
Discover Bank and the Trustee
21. Series 1999-5 Series Supplement, dated as of June 15, 1999, between
Discover Bank and the Trustee
22. Series 1999-6 Series Supplement, dated as of December 14, 1999, between
Discover Bank and the Trustee
23. Series 2000-1 Series Supplement, dated as of January 27, 2000, between
Discover Bank and the Trustee
24. Series 2000-2 Series Supplement, dated as of March 14, 2000, between
Discover Bank and the Trustee
25. Series 2000-3 Series Supplement, dated as of April 4, 2000, between
Discover Bank and the Trustee
26. Series 2000-4 Series Supplement, dated as of May 10, 2000, between
Discover Bank and the Trustee
27. Series 2000-A Series Supplement, dated as of May 22, 2000, between
Discover Bank and the Trustee
28. Series 2000-5 Series Supplement, dated as of June 6, 2000, between
Discover Bank and the Trustee
29. Series 2000-6 Series Supplement, dated as of June 19, 2000, between
Discover Bank and the Trustee
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30. Series 2000-7 Series Supplement, dated as of June 20, 2000, between
Discover Bank and the Trustee
31. Series 2000-8 Series Supplement, dated as of October 24, 2000, between
Discover Bank and the Trustee
32. Series 2000-9 Series Supplement, dated as of December 19, 2000, between
Discover Bank and the Trustee
33. Series 2001-1 Series Supplement, dated as of January 4, 2001, between
Discover Bank and the Trustee
34. Series 2001-2 Series Supplement, dated as of January 16, 2001, between
Discover Bank and the Trustee
35. Series 2001-3 Series Supplement, dated as of March 15, 2001, between
Discover Bank and the Trustee
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