Amendment to Guarantee Agreement. The Guarantee Agreement is hereby amended by deleting Recital D therefrom and replacing it in its entirety with the following:
Amendment to Guarantee Agreement. (a) Section 10(c) of the Guarantee Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Guarantee Agreement. Section 2(b) of Guarantee Agreement is hereby amended as follows:
Amendment to Guarantee Agreement. (a) Section 1 of the Guarantee Agreement is hereby amended by inserting the following new sentence at the end of the first paragraph of such Section 1: “For the avoidance of doubt, the term “Lender” as used in clause (c) of the first sentence of this paragraph shall also include each Person that both (y) is a counterparty to a Hedging Agreement with a Loan Party and (z) was a Lender or an Affiliate of a Lender at the time such Hedging Agreement was entered into and the term “Secured Party” as used in this Guarantee Agreement shall include each such Affiliate.”
Amendment to Guarantee Agreement. Line 6 of Section 2(b) of the Guarantee Agreement is hereby amended to replace the words “Flex Assets” with the words “LCF Assets”.
Amendment to Guarantee Agreement. The Guarantor shall have executed and delivered to the Noteholders the Amendment to Guarantee Agreement substantially in the form of Exhibit C attached to this Second Modification and the Guaranty Agreement, as amended by the Amendment to Guaranty Agreement, shall be in full force and effect, with no event having occurred and continuing or conditions then existing that would constitute a default thereunder or provide a basis for the termination thereof.
Amendment to Guarantee Agreement. Effective as of July 24, 2018, the defined term “Net Available Capital Commitments”, as set forth in Section 1(s) of the Guarantee Agreement, is hereby amended and restated in its entirety to read as follows:
Amendment to Guarantee Agreement. Section 2(b) of the Guarantee Agreement shall be amended and restated in its entirety to read as follows: “(b) Notwithstanding anything in Section 2(a) to the contrary, but subject in all cases to Sections 2(c), and (d) below, which shall control with respect to the circumstances described therein, the maximum liability of the Guarantor hereunder shall in no event exceed the sum of (i) with respect to the portion of the Purchase Price not constituting the Fifth Amendment Additional Advance Amount, twenty-five percent (25%) of the aggregate amount of the then-currently unpaid portion of such Purchase Price of all Purchased Assets that are Senior Mortgage Loans or Participation Interests in -3-
Amendment to Guarantee Agreement. (a) Section 9(a)(iii) of the Guarantee Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Guarantee Agreement. The defined term “Liquidity”, as set forth in Section 1 of the Guarantee Agreement, is hereby amended and restated in its entirety to read as follows:
