Amendment to the Sale and Servicing Agreement. Effective as of the date first above written and subject to the execution of this Pricing Side Letter by the parties hereto, clause (xx) of Exhibit E to the Sale and Servicing Agreement is hereby amended to insert at the end thereof: Notwithstanding the foregoing, a Loan that satisfies all of the other representations and warranties set forth in Exhibit E may satisfy the representation and warranty set forth in this clause, subject to the limitations set forth in the definition of “Collateral Value”, if the principal payments on such Loan commence more than two months but no more than seven years after the proceeds of such Loan were disbursed (any such loan being an “Interest-Only Loan”).
Amendment to the Sale and Servicing Agreement. Upon satisfaction of the conditions precedent set forth in Article III hereof the Sale and Servicing Agreement is hereby amended as follows:
(a) Section 9.01(a)(13) of the Sale and Servicing Agreement is hereby amended and restated in its entirety as follows:
Amendment to the Sale and Servicing Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 2 below, (a) Section 5.06(d) of the Sale and Servicing Agreement is amended to replace the ratio "7.0:1" with the ratio "8.0:1" and (b) Appendix I to the Sale and Servicing Agreement shall be amended to extend the Final Purchase Date to March 27, 2003.
Amendment to the Sale and Servicing Agreement. In connection with the transfer of the Mortgage Loans hereunder, the Servicer agrees that, from and after the date hereof, each Mortgage Loan transferred hereunder will be subject to the Sale and Servicing Agreement, provided that, solely with respect to the Mortgage Loans transferred hereunder, Exhibit I (“Servicing Criteria to be Addressed in Assessment of Compliance”) shall be replaced with Exhibit 7 hereto. For the avoidance of doubt, the Sale and Servicing Agreement is not hereby amended with respect to any other mortgage loans sold thereunder and shall remain in full force and effect in accordance with its terms with respect to such other mortgage loans.
Amendment to the Sale and Servicing Agreement. Effective as of the date hereof, the definition of “Receivable” set forth in Annex X to the Sale and Servicing Agreement is hereby amended by adding the following sentence to the end of such definition: “Notwithstanding the foregoing, no indebtedness or other obligations arising in connection with the sale of goods or the rendering of services by Precision Gear LLC to Xxxxxxx Assembly Technologies, Inc. shall be a “Receivable” hereunder.” SECTION 2.
Amendment to the Sale and Servicing Agreement. The definition of “Original Pool Balance” in Section 1.1 of the Sale and Servicing Agreement is hereby amended by replacing the reference to “1,015,780,000” therein with “1,073,768,791.83.”
Amendment to the Sale and Servicing Agreement. The definition of “Change-in-Control” in Section 1.01 of the Sale and Servicing Agreement is hereby amended by replacing the current proviso with the following: “provided that (i) the transaction described in the S-1 filed on May 14, 2007, in the name of Xxxxx Capital Partners LLC shall not be a “Change-in-Control”; and (ii) neither of (x) the initial public offering or (y) the “GC Private Placement” transaction, each as described in the N-2 filed on November 23, 2009, shall be a “Change-in-Control” or otherwise require any action pursuant to clause (b) of this definition.”
Amendment to the Sale and Servicing Agreement. Effective as of the date first above written and subject to the satisfaction of the conditions precedent set forth in Section 2 below, the Sale and Servicing Agreement is hereby amended as follows:
1.1. The definition of “Change of Control” set forth in Annex A to the Sale and Servicing Agreement is hereby amended and restated in its entirety as follows:
Amendment to the Sale and Servicing Agreement. The Sale and Servicing Agreement are hereby amended as set forth in Appendix A hereto with respect to the Specified Mortgage Loans.
Amendment to the Sale and Servicing Agreement. In connection with the transfer of the Mortgage Loans hereunder, the Servicer agrees that, from and after the date hereof, each Mortgage Loan transferred hereunder will be subject to the Sale and Servicing Agreement, provided that, solely with respect to the Mortgage Loans transferred hereunder, the following modifications shall be made:
(a) Section 12.2 (“Amendment”) of the Sale and Servicing Agreement is hereby amended by replacing it with the following: This Agreement may be amended from time to time by the Purchaser, the Company, the Master Servicer and the Trustee, without the consent of any of the Certificateholders (i) to cure any ambiguity or mistake, (ii) to correct any defective provision herein or to supplement any provision herein which may be inconsistent with any other provision herein or in the Prospectus Supplement, (iii) to add to the duties of the Purchaser, the Company, the Trustee or the Master Servicer, (iv) to add any other provisions with respect to matters or questions arising hereunder, (v) to modify, alter, amend, add to or rescind any of the terms or provisions contained in this Agreement, or (vi) to appoint a special servicer pursuant to Section 11.4 in this Agreement; provided that any action pursuant to clause (iv), (v) or (vi) above shall not, as evidenced by an Opinion of Counsel addressed to the Trustee and Master Servicer (which Opinion of Counsel shall be an expense of the party requesting the amendment), adversely affect in any material respect the interests of any Certificateholder; provided, however, that the amendment shall not be deemed to adversely affect in any material respect the interests of the Certificateholders if the Person requesting the amendment obtains a letter from each Rating Agency stating that the amendment would not result in the downgrading or withdrawal of the respective ratings then assigned to the Certificates; it being understood and agreed that any such letter in and of itself will not represent a determination as to the materiality of any such amendment and will represent a determination only as to the credit issues affecting any such rating. The Purchaser, the Company, the Trustee and the Master Servicer also may at any time and from time to time amend this Agreement without the consent of the Certificateholders to modify, eliminate or add to any of its provisions to such extent as shall be necessary or helpful to (i) maintain the qualification of any REMIC created under this Agreement as a ...
