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 of the Original Agreement is amended to insert new Section 2.5 as follows:]
Amendment to Article II. Article II is hereby amended to add the following new Section 2.20 to read 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. Article II is hereby amended by adding the following Section 2.07A after Section 2.07:
Amendment to Article II. Article II of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.2.1 and 2.2.2.
2.1. Section 2.06(b)(ii) of the Existing Credit Agreement is hereby amended by adding the following proviso immediately after the first proviso therein: "provided, further, however, that the Borrower shall also not be required to make any such prepayment and deposit with respect to Net Cash Proceeds realized from any sale of assets permitted under sub-clause (vii) of Section 5.02(e)."
Amendment to Article II of the Existing Fee Consignment Agreement is hereby amended by (i) deleting the percentage "41.6749751%" in clause (a) of such Section and substituting the percentage "17.9810726%" in place thereof, and (ii) deleting the percentage "58.3250249%" in clause (b) of such Section, and substituting the percentage "82.0189274" 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. Article II of the Credit Agreement is hereby amended by the addition of a new Section 2.24 as follows:
(a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make Swingline Loans to the Borrowers from time to time from May 31, 2001, to but excluding the earlier of the Revolving Credit Maturity Date and the date of termination of the Revolving Credit Commitments, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $5,000,000 or (ii) the sum of the total Revolving Credit Exposures exceeding the total Revolving Credit Commitments, provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans.
(b) To request a Swingline Loan, the applicable Borrower shall notify the Administrative Agent of such request by telephone (confirmed by telecopy), not later than 12:00 noon, New York City time, on the day of a proposed Swingline Loan. Each such notice shall be irrevocable and shall specify the requested date (which shall be a Business Day) and amount of the requested Swingline Loan. The Administrative Agent will promptly advise the Swingline Lender of any such notice received from any Borrower. The Swingline Lender shall make each Swingline Loan available to the applicable Borrower by means of a credit to the general deposit account of such Borrower with the Swingline Lender by 3:00 p.m., New York City time, on the requested date of such Swingline Loan.
(c) The Swingline Lender may by written notice given to the Administrative Agent not later than 12:00 noon, New York City time, on any Business Day require the Revolving Credit Lenders to acquire participations on such Business Day in all or a portion of the Swingline Loans outstanding. Such notice shall specify the aggregate amount of Swingline Loans in which Revolving Credit Lenders will participate. Promptly upon receipt of such notice, the Administrative Agent will give notice thereof to each Revolving Credit Lender, specifying in such notice such Lender's Pro Rata Percentage of such Swingline Loan or Swingline Loans. Each Revolving Credit Lender hereby absolutely and unconditionally agrees, upon receipt of notice as provided above, to pay to the Administrative Agent, for...
