Avis 2008 Annual Report Download - page 262

preceding Business Day of the excess, if any, of the Specified States Amount as of such date over the Series 2005-4 Maximum Specified States
Amount as of such date, (x) the Series 2005-4 AESOP I Operating Lease Vehicle Percentage as of the immediately preceding Business Day of
the excess, if any, of the Non-Eligible Manufacturer Amount as of such date over the Series 2005-4 Maximum Non-Eligible Manufacturer
Amount as of such date and (xi) the Series 2005-4 Percentage of any Aggregate Adjustment Amount.
13. Each of the following defined terms are hereby added, in appropriate alphabetical order, to Article I(b) of the Series 2005-4
Supplement:
“ Series 2005-4 Maximum Aggregate Hyundai/Kia Amount ” means, as of any day, with respect to Hyundai or Kia, in the aggregate,
an amount equal to 20% of the aggregate Net Book Value of all Vehicles leased under the Leases on such day.
“ Series 2005-4 Maximum Hyundai Amount ” means, as of any day, with respect to Hyundai, an amount equal to 15% of the
aggregate Net Book Value of all Vehicles leased under the Leases on such day.
“ Series 2005-4 Maximum Individual Isuzu/Subaru Amount ” means, as of any day, with respect to Isuzu or Subaru, individually, an
amount equal to 5% of the aggregate Net Book Value of all Vehicles leased under the Leases on such day.
“ Series 2005-4 Maximum Kia Amount ” means, as of any day, with respect to Kia, an amount equal to 7.5% of the aggregate Net
Book Value of all Vehicles leased under the Leases on such day.
“ Series 2005-4 Maximum Suzuki Amount ” means, as of any day, with respect to Suzuki, an amount equal to 7.5% of the aggregate
Net Book Value of all Vehicles leased under the Leases on such day.
14. Each of the following defined terms, as set forth in Article I(b) of the Series 2005-4 Supplement, is hereby deleted in its entirety:
“Series 2005-4 Maximum Aggregate Kia/Isuzu/Subaru/Hyundai/Suzuki Amount”, “Series 2005-4 Maximum Individual Hyundai/Suzuki
Amount” and “Series 2005-4 Maximum Individual Kia/Isuzu/Subaru Amount.”
15. Article 6 of the Series 2005-4 Supplement is hereby amended by adding the following clause as Section 6.22:
“Section 6.22 Capitalized Cost Covenant . ABRCF hereby agrees that (i) it shall not permit the aggregate Capitalized Cost for all
Vehicles purchased in any model year that are not subject to a Manufacturer Program to exceed 85% of the aggregate MSRP (Manufacturer
Suggested Retail Price) of all such Vehicles and (ii) it shall not modify its buying patterns or purchasing criteria with respect to the Vehicles
where the primary purpose of such modification is compliance with clause (i) of this covenant.”
16. This Amendment is limited as specified and, except as expressly stated herein, shall not constitute a modification, acceptance or
waiver of rights under, or of any other provision of the Series 2005-4 Supplement.
17. This Amendment shall become effective as of the date (the “ Amendment Date ”) on which each of the following has occurred:
(i) each of the parties hereto shall have executed and delivered this Amendment to the Trustee, (ii) the Rating Agency Consent Condition shall
have been
NEW YORK 6994977 (2K)
Third Amendment to Series 2005-4
Supplement (November 2008
Amendment)(CONFORMED)
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