Item 1.01 Entry into a Material Definitive Agreement.
On April 24, 2009, Commercial Metals Company (the "Company") entered into an Amendment (the "Amendment") to the Second Amended and Restated Receivables Purchase Agreement, dated April 30, 2008 (the "RPA"), among CMC Receivables, Inc., the Company, Liberty Street Funding LLC ("Liberty"), Gotham Funding Corporation ("Gotham"), The Bank of Nova Scotia ("Scotia") and The Bank of Tokyo-Mitsubishi UFJ, LTD., New York Branch ("BTMU"). Defined terms used herein and not defined herein have the meanings assigned to such terms in the RPA, a copy of which was filed as Exhibit 10.1 to the Company's Form 8-K, filed May 2, 2008.
Pursuant to the Amendment, Liberty, Gotham, Scotia, and BTMU each waived any Termination Event arising under Section 10.01(r) of the RPA as a result of the average Default Ratio for the three consecutive Accounting Periods ended March 31, 2009 exceeding 3%.
In addition, the Amendment amended (i) Section 1.01 of the RPA to (a) change the definition of "Commitment Termination Date" from April 24, 2009 to May 26, 2009 and (b) change the definition of "Expiration Date" from April 24, 2009 to May 26, 2009 and (ii) Section 5.06 of the RPA to provide that the Deferred Purchase Price, with respect to any day during the period of time from April 24, 2009 to, but excluding, May 26, 2009, would be increased by the Portfolio Performance Reserve, as such term is defined in the Amendment.
The Amendment is filed as Exhibit 10.1 to this Form 8-K and is incorporated by reference. The description of the material terms of the Amendment is qualified in its entirety by reference to such exhibit. Item 9.01. Financial Statements and Exhibits.
(d) Exhibits

The following exhibit is furnished with this Form 8-K.

10.1 Amendment to the Second Amended and Restated Receivables Purchase Agreement, dated April 24, 2009 (the "RPA"), among CMC Receivables Inc., the Company, Liberty Street Funding LLC, Gotham Funding Corporation, The Bank of Nova Scotia and The Bank of Tokyo-Mitsubishi UFJ, LTD., New York Branch.

---