Amendment as a Transaction Document Sample Clauses

Amendment as a Transaction Document. This Amendment is a Transaction Document for all purposes of the Loan and Servicing Agreement and the other Transaction Documents. The parties have caused this Amendment to be executed as of the date first above written. THE BORROWER: KREF LENDING VII LLC By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory HOLDINGS: KREF HOLDINGS VII LLC By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Authorized Signatory LENDERS: [**] By: Name: Title: [**] = Certain information contained in this document, marked by “[**]” has been excluded because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential. SERVICER AND ADMINISTRATIVE AGENT: MIDLAND LOAN SERVICES, a Division of PNC Bank, National Association By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President COLLATERAL CUSTODIAN: PNC BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxxxx Xxxxx Name: Xxxxxxxx Xxxxx Title: Vice President EXHIBIT A Amended Loan and Servicing Agreement [See Attached] Exhibit A to First Amendment to Amended and Restated Loan and Servicing Agreement AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT among KREF HOLDINGS VII LLC, as Holdings, KREF LENDING VII LLC, as the Borrower, PNC BANK, NATIONAL ASSOCIATION as the Collateral Custodian, MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as the Servicer and the Administrative Agent, THE INITIAL LENDER, and The other Lenders from time to time party hereto KKR CAPITAL MARKETS LLC, as the Sole Arranger, Dated as of December 20, 2022 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 2 Section 1.01 Certain Defined Terms 2 Section 1.02 Other Terms 29 Section 1.03 Computation of Time Periods 29 Section 1.04 Interpretation 29 Section 1.05 Advances to Constitute Loans 30 Section 1.06 Rates 30 ARTICLE II THE FACILITY 30 Section 2.01 Term Loan Notes and Advances 30 Section 2.02 Procedure for Advances 32 Section 2.03 Repayment, Prepayment and Interest 32 Section 2.04 Continuation of Advances 34 Section 2.05 Remittance Procedures 34 Section 2.06 Instructions to the Account Bank 37 Section 2.07 Sale of Loan Assets; Affiliate Transactions 37 Section 2.08 Payments and Computations, Etc. 38 Section 2.09 Taxes 39 Section 2.10 Grant of a Security Interest 42 Section 2.11 Evidence of Debt 43 Section 2.12 Release of Loan Assets 43 Section 2.13 Treatment of Amounts Deposited in the Collection Account 44 Section 2.14 Mandatory and Voluntary Prepayments; Termination 44 Section 2.15 Co...
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Related to Amendment as a Transaction Document

  • Transaction Agreement This Amendment shall be a Transaction Agreement, as set forth in Section 2.1 of the Framework Agreement, for all purposes.

  • Amendments to Transaction Documents On and after the Closing Date, each of the Transaction Documents are hereby amended as follows:

  • Other Transaction Documents Each representation and warranty made by the Servicer under each other Transaction Document to which it is a party (including, without limitation, the Purchase and Sale Agreement) is true and correct in all material respects as of the date when made.

  • Acquisition Documents Borrower has made available to Lender true and complete copies of all material agreements and instruments under which Borrower or any of its Affiliates or the seller of any of the Properties have remaining material rights or material obligations in respect of Borrower’s acquisition of the Properties.

  • Reference to and Effect on the Transaction Documents (a) Upon the effectiveness of this Amendment, (i) each reference in the Credit Agreement to “this Credit Agreement”, “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby, and (ii) each reference to the Credit Agreement in any other Transaction Document or any other document, instrument or agreement executed and/or delivered in connection therewith, shall mean and be a reference to the Credit Agreement as amended or otherwise modified hereby.

  • Effect on Transaction Documents Except as expressly set forth above, all of the terms and conditions of the Transaction Documents shall continue in full force and effect after the execution of this Agreement and shall not be in any way changed, modified or superseded by the terms set forth herein, including, but not limited to, any other obligations the Company may have to the Purchaser under the Transaction Documents. Notwithstanding the foregoing, this Agreement shall be deemed for all purposes as an amendment to any Transaction Document as required to serve the purposes hereof, and in the event of any conflict between the terms and provisions of the Debentures or any other Transaction Document, on the one hand, and the terms and provisions of this Agreement, on the other hand, the terms and provisions of this Agreement shall prevail.

  • Acquisition Agreement The Administrative Agent shall have received a fully executed or conformed copy of the Acquisition Agreement which shall be in full force and effect.

  • Description of the Transaction Documents The Transaction Documents will conform in all material respects to the respective statements relating thereto contained in the Offering Memorandum.

  • Complete Agreement; Amendment The parties acknowledge that this Agreement is the complete and exclusive statement of agreement respecting the subject matter hereto and supersedes all proposals (oral or written), understandings, representations, conditions, and other communications between the parties relating hereto, including the Former Agreement. This Agreement may be amended only by a subsequent writing that specifically refers to this Agreement and is signed by both parties, and no other act, document, purchase order, usage, or custom shall be deemed to amend this Agreement.

  • Effect on Purchase Agreement Except as expressly set forth herein, all terms and provisions contained in the Purchase Agreement shall remain in full force and effect. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, and agreements, understandings, commitments or representations whatsoever, oral or written, with respect to the subject matter hereof and may be changed only in writing signed by authorized representatives of the parties.

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