Amendment to Article II. Article II of the Credit Agreement is hereby amended by adding the following Section 2.16:
Amendment to Article II. Article II is hereby amended to add the following new Section 2.17 to read as follows:
Amendment to Article II. Article II of the Original Agreement is amended to insert new Section 2.5 as follows:]
Amendment to Article II. The first paragraph of Section 2.01 is hereby deleted and replaced in its entirety with the following: The Depositor, concurrently with the execution and delivery hereof, does hereby transfer, assign, set over and otherwise convey to the Trustee without recourse for the benefit of the Certificateholders all the right, title and interest of the Depositor, including any security interest therein for the benefit of the Depositor, in and to (i) each Mortgage Loan identified on the Mortgage Loan Schedule, including the related Cut-Off Date Principal Balance, all interest due thereon after the Cut-Off Date and all collections in respect of interest and principal due after the Cut-Off Date; (ii) all the Depositor’s right, title and interest in and to the Distribution Account and all amounts from time to time credited to and the proceeds of the Distribution Account; (iii) any real property that secured each such Mortgage Loan and that has been acquired by foreclosure or deed in lieu of foreclosure; (iv) the Depositor’s interest in any insurance policies in respect of the Mortgage Loans; (v) the Depositor’s security interest in the Additional Collateral; (vi) all proceeds of any of the foregoing; and (vii) all other assets included or to be included in the Trust Fund; provided that such assignment shall not include any Servicing Rights with respect to the Mortgage Loans. Such assignment includes all interest and principal due to the Depositor or the Master Servicer after the Cut-Off Date with respect to the Mortgage Loans. Notwithstanding anything provided herein to the contrary, each of the parties hereto agrees and acknowledges that, notwithstanding the transfer, conveyance and assignment of the Mortgage Loans from the Depositor to the Trustee pursuant to this Agreement, the Servicing Rights Owner remains the sole and exclusive owner of the Servicing Rights with respect to the SRO Mortgage Loans.
Amendment to Article II. Article II of the Master Purchase Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Article II. Section 2.6(c) of the Merger Agreement is hereby amended to add the following at the beginning of the first line: “Subject to Section 2.6(f),”
Amendment to Article II. Section 2.2.2 of the Existing Fee Consignment Agreement is hereby amended by (i) deleting the percentage "17.9810726%" in clause (a) of such Section and substituting the percentage "12.751677852%" in place thereof, and (ii) deleting the percentage "82.0189274%" in clause (b) of such Section, and substituting the percentage "87.248322148%" in place thereof.
Amendment to Article II. Article II (“Amount and Terms of the Facilities”) is amended by adding new Section 2.19 (“Commitment Reductions”) as follows:
Amendment to Article II. Section 2.1, Agreement Term, is modified to read, in its entirety, as follows: “The term of this Agreement shall commence on the Effective Date and end January 31, 2009, unless earlier terminated in accordance with the terms of this Agreement (the “Term”). The term of each of the initial Statements of Work is set forth in the respective Statement of Work. Any additional Statement of Work shall specify its term. If any Statement of Work has a stated term which extends beyond the Term, the Term shall continue until the expiration of any such Statement of Work for the purpose of completing such Statement of Work, provided that it will not extend the term of any other Statement of Work.”
Amendment to Article II. Article II of the Employment Agreement and the term “Effective Date” are hereby amended and restated as follows: Subject to termination pursuant to Article IV hereof, the Executive’s employment by the Company pursuant to this Agreement (as the same may be extended, the “Term”) shall begin on February 9, 2023 (the “Effective Date”) and continue until the third anniversary of the Effective Date; provided, however, that the Term shall be automatically extended for successive one‑year periods on each anniversary of the Effective Date (such that upon each extension, the Term shall expire on the third anniversary of the date of such extension) unless the Company shall have given notice of non-extension to the Executive at least sixty (60) days prior thereto.
