Exhibit 10.4
EXECUTION VERSION
FIRST AMENDMENT TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT
This FIRST AMENDMENT (this “Amendment”), dated as of November 5, 2021, is among TRIUMPH GROUP, INC., a Delaware corporation, individually (“Triumph”) and as servicer (in such capacity, the “Servicer”), TRIUMPH RECEIVABLES, LLC, a Delaware limited liability company (the “Company”), and each of the entities listed on the signature pages hereto as an Originator (each, an “Originator”; and collectively, the “Originators”).
RECITALS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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This Amendment shall become effective as of the date hereof provided that neither the Purchase and Sale Termination Date nor a Termination Event, Unmatured Termination Event, Purchase and Sale Termination Event or Unmatured Purchase and Sale Termination Event has occurred and is continuing and subject to the condition precedent that (i) the RPA Amendment shall have become effective and (ii) the Administrator shall have received the following, each duly executed and dated as of the date hereof (or such other date satisfactory to the Administrator), in form and substance satisfactory to the Administrator:
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[Signature pages to follow]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.
TRIUMPH RECEIVABLES, LLC
By: /s/ James F. McCabe, Jr.______________
Name: James F. McCabe, Jr._____________
Title: Senior Vice President and Chief______ Financial Officer
TRIUMPH GROUP, INC.
By: /s/ Jennifer H. Allen________________
Name: Jennifer H. Allen________________
Title: Senior Vice President, General Counsel and Secretary
744373836 08057100 | S-1 | First Amendment to A&R PSA (Triumph) |
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ORIGINATORS:
THE TRIUMPH GROUP OPERATIONS, INC.
TRIUMPH ACTUATION SYSTEMS – CONNECTICUT, LLC
TRIUMPH ACTUATION SYSTEMS, LLC
TRIUMPH CONTROLS, LLC
TRIUMPH GEAR SYSTEMS – MACOMB, INC.
TRIUMPH AIRBORNE STRUCTURES, LLC
TRIUMPH ACTUATION SYSTEMS – VALENCIA, INC.
TRIUMPH COMPOSITE SYSTEMS, INC.
TRIUMPH THERMAL SYSTEMS, LLC
TRIUMPH GEAR SYSTEMS, INC.
TRIUMPH ACCESSORY SERVICES – GRAND PRAIRIE, INC.
TRIUMPH INSULATION SYSTEMS, LLC
TRIUMPH ENGINE CONTROL SYSTEMS, LLC
TRIUMPH ACTUATION SYSTEMS – YAKIMA, LLC
TRIUMPH THERMAL SYSTEMS – MARYLAND, INC.
By: /s/ Jennifer H. Allen____________________________
Name: Jennifer H. Allen____________________________
Title: Senior Vice President, General Counsel and Secretary
744373836 08057100 | S-2 | First Amendment to A&R PSA (Triumph) |
Exhibit A
AMENDMENTS TO THE AGREEMENT
(Attached)
744373836 08057100 | Exhibit A |
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