Amendments to Guaranty. The Guaranty is hereby amended and modified as follows:
(a) Any references to, and any definition of, the “Repurchase Agreement” in the Guaranty shall mean, and such definition is hereby amended to refer to, the Second A&R Repurchase Agreement, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.
Amendments to Guaranty. The Guaranty is hereby amended as follows:
(a) Exhibit A to the Guaranty is hereby amended by amending and restating the definition of “Interest Expense” as follows:
Amendments to Guaranty. Subject to the terms and conditions set forth herein, the Guaranty is hereby amended as follows:
(a) All references to “Credit Agreement” in the Guaranty shall hereafter refer to the Amended and Restated Credit Agreement.
(b) Section 9 of the Guaranty is hereby amended to restate the last sentence of subsection (c) in its entirety to read as follows:
Amendments to Guaranty. The Guaranty is hereby amended as follows:
(a) Each of the following definitions in Article 1 of the Guaranty are hereby deleted and replaced as follows:
Amendments to Guaranty. The Guaranty is hereby amended as follows:
(a) Section 9(a)(iii) of the Guaranty is hereby deleted in its entirety and replaced with the following (with new or revised text underscored):
(iii) Total Debt to Total Assets Ratio. Guarantor shall not, with respect to itself and its Subsidiaries, directly or indirectly, permit the ratio, expressed as a percentage, (i) the numerator of which shall equal the Indebtedness of Guarantor and its consolidated Subsidiaries associated with its Target Investments (net of restricted cash associated with any consolidated variable interest entities) and (ii) the denominator of which shall equal the Total Assets of Guarantor and its consolidated Subsidiaries associated with its Target Investments, to at any time be greater than seventy-seven and one half percent (77.5%); provided, that notwithstanding the foregoing, Guarantor and its consolidated Subsidiaries may from time to time acquire Highly Rated CMBS and enter into secured Indebtedness in connection therewith pursuant to which the ratio, expressed as a percentage, (i) the numerator of which equals the Indebtedness of Guarantor and its consolidated Subsidiaries associated with its Highly Rated CMBS (net of restricted cash associated with any consolidated variable interest entities) and (ii) the denominator of which equals the Total Assets of Guarantor and its consolidated Subsidiaries associated with its Highly Rated CMBS exceeds seventy-seven and one half percent (77.5%) but is not greater than ninety percent (90.00%), subject to the condition that at any such time, Guarantor shall not, with respect to itself and its Subsidiaries, directly or indirectly, permit the ratio, expressed as a percentage, (i) the numerator of which shall equal the Indebtedness of Guarantor and its consolidated ACTIVE 251104552
(ii) the denominator of which shall equal the Total Assets of Guarantor and its consolidated Subsidiaries to be greater than eighty percent (80.00%).
Amendments to Guaranty. Effective as of the Amendment No. 1 Effective Date, and subject to the terms and conditions set forth herein, the Guaranty is hereby amended as follows:
(a) Section 1.02 of the Guaranty is hereby amended by amending and restating in its entirety the definition of “Guarantor” to read as follows:
Amendments to Guaranty. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by the Guarantor here from, shall in any event be effective unless the same shall be in writing and signed by the Guarantor (only with respect to amendments), the Borrower and the Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Amendments to Guaranty. (a) The following definitions are hereby added to Section 1.1 of the Guaranty in alphabetical order:
Amendments to Guaranty. Effective as of the Agreement Effective Date, the Guaranty is hereby amended as follows:
