ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER
RIGHT, REMEDY, POWER OR PRIVILEGE.
THE RIGHTS, REMEDIES, POWERS AND PRIVILEGES
HEREIN PROVIDED ARE CUMULATIVE AND NOT EXHAUSTIVE OF ANY RIGHTS, REMEDIES,
POWERS AND PRIVILEGES PROVIDED BY LAW.
SECTION 7.08
COUNTERPARTS.
THIS AGREEMENT AND ALL CONVEYANCE PAPERS 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.
SECTION 7.09
BINDING; THIRD-PARTY BENEFICIARIES.
THIS AGREEMENT AND THE
CONVEYANCE PAPERS WILL INURE TO THE BENEFIT OF AND BE BINDING UPON THE PARTIES
HERETO AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS.
26
SECTION 7.10
MERGER AND INTEGRATION.
EXCEPT AS SPECIFICALLY STATED OTHERWISE
HEREIN, THIS AGREEMENT, AS SUPPLEMENTED BY THE CONVEYANCE PAPERS, SETS FORTH THE
ENTIRE UNDERSTANDING OF THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF, AND
ALL PRIOR UNDERSTANDINGS, WRITTEN OR ORAL, ARE SUPERSEDED BY THE THIS AGREEMENT
AND THE CONVEYANCE PAPERS.
THIS AGREEMENT AND THE CONVEYANCE PAPERS MAY NOT BE
MODIFIED, AMENDED, WAIVED OR SUPPLEMENTED EXCEPT AS PROVIDED HEREIN.
SECTION 7.11
HEADINGS.
THE HEADINGS ARE FOR PURPOSES OF REFERENCE ONLY AND
SHALL NOT OTHERWISE AFFECT THE MEANING OR INTERPRETATION OF ANY PROVISION
HEREOF.
SECTION 7.12
SCHEDULES AND EXHIBITS.
THE SCHEDULES AND EXHIBITS ATTACHED
HERETO AND REFERRED TO HEREIN SHALL CONSTITUTE A PART OF THIS AGREEMENT AND ARE
INCORPORATED INTO THIS AGREEMENT FOR ALL PURPOSES.
SECTION 7.13
SURVIVAL OF REPRESENTATIONS AND WARRANTIES.
ALL
REPRESENTATIONS, WARRANTIES AND AGREEMENTS CONTAINED IN THIS AGREEMENT, SHALL
REMAIN OPERATIVE AND IN FULL FORCE AND EFFECT AND SHALL SURVIVE CONVEYANCE OF
THE RECEIVABLES BY COLUMBUS BANK TO LLC II.
[END OF ARTICLE VII]
27
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
duly executed by its duly authorized officer as of the day and year first above
written.
COLUMBUS BANK & TRUST COMPANY
By:
Title:
CFC II, LLC
By:
Title:
28
Schedule 4.03(a)
Official Name:
CFC II, LLC
Type of Entity:
Limited Liability Company
Organizational Identification Number:
27-0030584
State of Organization:
Nevada
SCHEDULE A
RESIDUAL INTERESTS
CompuCredit Credit Card Master Note Trust II Series 2001-II-One Class B Floating
Rate Asset Backed Variable Funding Note in the principal sum of Thirty-Six
Million Nine Hundred Thirty-Seven Thousand Five Hundred Dollars ($36,937,500)
payable to CFC II, LLC
SCHEDULE B
JURISDICTIONS
Nevada