Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that: (a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder; (b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and (c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.
Appears in 1 contract
Samples: Master Repurchase Agreement (Crystal River Capital, Inc.)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERAgreed and acknowledged as of the first date set forth above: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: Name: /s/ Mxxxxxxx Xxxxxxx Xxxxxxxxxxx Xxxxxxx Xxxxxxxxxxx By: Name: /s/ Dxxxxx Xxxx X. Xxx Xxxxxxxxxx Xxxx X. Xxxxxxxxxx Title: Director Managing Director/Treasurer Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 Chief Financial Officer This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15April 12, 2005 2011 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River CapitalJEFFERIES & COMPANY, Inc. INC. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSParty A”) and the additional sellers from time to time parties hereto PROVIDENT MORTGAGE CAPITAL ASSOCIATES, INC. (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “SellerParty B”), . Capitalized terms used but not defined in this Annex I shall have the buyers from time meanings ascribed to time parties hereto (collectively, them in the “Buyer”) and Wachovia Bank, National Association, as agent for Agreement. In the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that event of any conflict between the terms and provisions of this Annex I conflict with the and any other terms and provisions of the Master Repurchase Agreement, the terms and provisions of this Annex I shall control.prevail. The parties hereto hereby agree as follows:
Appears in 1 contract
Samples: Master Repurchase Agreement (Provident Mortgage Capital Associates, Inc.)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a the Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: WILMINGTON TRUST COMPANY, as agent for SELLER: WACHOVIA BANKXxxxxx XXXXXXX LOAN HOLDINGS I, NATIONAL ASSOCIATIONL.L.C. By: /s/Xxxxx Xxxxxxxx By: Taberna Realty Financial Trust, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer its managing member By: /s/ Mxxxxxxx Xxxxxxx ByXxxx X. Xxxxxx Name: /s/ Dxxxxx X. Xxx Xxxxx Xxxxxxxx Title: Director Financial Services Officer Date: Name: Xxxx X. Xxxxxx Title: Assistant Secretary Chief Financial Officer Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms and the attached Annex II (“Annex II”) form a part of the Master Repurchase Agreement dated as of August 15September 19, 2005 2008 (the “Master Repurchase Agreement”” and, and collectively with this Annex II and Annex II, the “Repurchase Agreement”) ), between the Crystal River Capitalbuyer, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National AssociationWILMINGTON TRUST COMPANY, as agent for the Buyers (in such capacity, the “AgentBuyer”) with Wachovia Capital Markets, for Xxxxxx LLC, as the Sole Lead Arrangera Delaware limited liability company, and TABERNA LOAN HOLDINGS I, LLC (“Seller”). To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER0 = 1 117793449 Mellx Xxxehouse Securitization Trust 2021-2 By: SELLER: WACHOVIA BANKWilmington Savings Fund Society, NATIONAL ASSOCIATIONFSB, CRYSTAL RIVER CAPITAL, INC. not in its individual capacity but solely as the Agent and as a Buyer Owner Trustee By: /s/ Mxxxxxxx Xxxxxxx Devon C. A. Reverdito Name: Devon C.A. Reverdito Title: Assistant Vice President Date: 4/23/2021 loanXxxxx.xxx, XXC By: /s/ Dxxxxx X. Xxx Patrxxx Xxxxxxxx Name: Patrxxx Xxxxxxxx Title: Director Title: Assistant Secretary Chief Financial Officer Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 4/23/2021 September 1996 Master Repurchase Agreement 0 = 1 117793449 Annex I Supplemental Terms and Conditions This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15April 23, 2005 2021 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Base Agreement”) between the Crystal River Capital, Inc. Mellx Xxxehouse Securitization Trust 2021-2 (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia BankloanXxxxx.xxx, National Association, as agent for the Buyers XXC (in such capacity, the “AgentSeller”) with Wachovia Capital Markets(the Base Agreement, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with and the other annexes hereto, as they may be amended, supplemented or otherwise modified from time to time, collectively being the “Agreement”). Capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall control.have the meanings ascribed to them in the Agreement. References to sections in this Annex I shall, unless expressly stated to the contrary, mean sections of this Annex I.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer EBBETS FUNDING PLC By: /s/ Mxxxxxxx Xxxxxxx ByXxxx Xxxxxxxx Name: /s/ Dxxxxx X. Xxx Xxxx Xxxxxxxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGSAGILENT TECHNOLOGIES WORLD TRADE, INC. By: /s/ Dxxxxx Xxxxxxxx X. Xxx Xxxxx, III Name: Xxxxxxxx X. Xxxxx, III Title: Assistant Secretary Date: Axxxxx 00, 0000 Treasurer This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement (“Agreement”) dated as of August 15September 10, 2005 2007 between Agilent Technologies World Trade, Inc. (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSSeller”) and the additional sellers from time to time parties hereto Ebbets Funding Plc (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (). Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement. The Agreement has been entered into by Seller and Buyer pursuant to a Novation Agreement, of even date herewith, between Buyer and Fenway Capital LLC (“Transferring Buyer”) relating to a Master Repurchase Agreement dated as of January 27, 2006 between Transferring Buyer, as buyer, and Seller, as seller. The Agreement is the “New Agreement” under such Novation Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement (Agilent Technologies Inc)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a the Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKWILMINGTON TRUST COMPANY, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer agent for Xxxxxx By: /s/ Mxxxxxxx Xxxxxxx Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Financial Services Officer SELLER: TABERNA LOAN HOLDINGS I, L.L.C. By: Taberna Realty Finance Trust, its managing member By: /s/ Dxxxxx X. Xxx Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director Title: Assistant Secretary Date: August 15Chief Accounting Officer Dated as of September 19, 2005 Date: August 152008 and amended and restated as of October 27, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC2008. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part Pursuant to the terms of Paragraph 1 of the Master Repurchase Agreement Agreement, dated as of August 15September 19, 2005 2008 (the “Master Repurchase Agreement”as amended, restated, supplemented or otherwise modified and collectively with this Annex Iin effect from time to time, the “Repurchase Agreement”) ), between the Crystal River Capitalbuyer, Inc. WILMINGTON TRUST COMPANY, as agent (in such capacity, “Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSBuyer”) for Xxxxxx LLC, a Delaware limited liability company, and the additional sellers from time to time parties hereto TABERNA LOAN HOLDINGS I, LLC (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), such parties agreed that the buyers Transaction entered into thereunder shall be governed by the provisions set forth in that certain Annex I (as amended, restated, supplemented or otherwise modified and in effect from time to time parties hereto (collectivelytime, the “BuyerAnnex I”) and Wachovia Bankthat certain Annex II (as amended, National Associationrestated, supplemented or otherwise modified and in effect from time to time, “Annex II”) among such parties, which Annex I and Annex II were incorporated in their entirety into the Repurchase Agreement and deemed a part thereof. Such parties supplemented the Repurchase Agreement in order to document such additional agreements as agent are set forth in such Annex I and Annex II. The Buyer and Seller desire to amend and restate the Repurchase Agreement and such Annex I and Annex II to, among other things, (i) substitute the CWHL Assets (as defined in the original Annex I) for certain additional Purchased Assets and (ii) to provide for the Buyers (delivery of transfer documents “in such capacityblank” from Seller rather than re-register the Purchased Assets in the name of the Buyer. The Buyer and Seller hereby agree that, effective as of the “Agent”) with Wachovia Capital Marketsdate hereof, LLCAnnex I and Annex II shall be, and hereby are, amended and restated in their entirety to read as the Sole Lead Arranger. follows: To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERBEAR XXXXXXX MORTGAGE CAPITAL CORPORATION NC CAPITAL CORPORATION By /s/ Xxxx Xxxxxxxx By /s/ Xxxxx Xxxxx Title Senior Vice President Title President Date October 31, 2003 Date October 31, 2003 New Century Mortgage Corporation, in its capacity as Servicer hereunder, hereby acknowledges and agrees to the provision of Section 12(c)(ii) of the Agreement. By /s/ Xxxxx Xxxxx Title Senior Vice President Date October 31, 2003 TO: SELLERNC Capital Corporation 00000 Xxx Xxxxxx Xxxxx 0000 Xxxxxx, Xxxxxxxxxx 00000 Attention: WACHOVIA BANKXxxx Xxxxxxx FROM: Bear Xxxxxxx Mortgage Capital Corporation RE: Request/Confirmation under Master Repurchase Agreement, NATIONAL ASSOCIATIONdated as of October 31, CRYSTAL RIVER CAPITAL2003, INC. as the Agent between Bear Xxxxxxx Mortgage Capital Corporation and as a Buyer By: /s/ Mxxxxxxx NC Capital Corporation Bear Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I Mortgage Capital Corporation (“Annex IBuyer”) forms is pleased to confirm your sale and its purchase of the Mortgage Loans described below and listed on the attached Loan Schedule pursuant to the above-referenced Master Repurchase Agreement under the following terms and conditions: ORIG. PRINCIPAL AMOUNT OF MORTGAGE LOANS: CURRENT PRINCIPAL AMOUNT OF MORTGAGE LOANS: PURCHASE DATE: REPURCHASE DATE: PURCHASE PRICE: PRICING RATE: MINIMUM REQUIRED MARGIN PERCENTAGE: PRICE DIFFERENTIAL DUE DATE: PRINCIPAL AMOUNT OF WET MORTGAGE LOANS The Master Repurchase Agreement is incorporated by reference into this Request/Confirmation and made a part of hereof as if it were fully set forth herein. All capitalized terms used herein but not otherwise defined shall have the meanings specified in the Master Repurchase Agreement Agreement. BEAR XXXXXXX MORTGAGE CAPITAL CORPORATION BY: NAME: TITLE: FROM: Bear Xxxxxxx Mortgage Capital Corporation TO: NC Capital Corporation 00000 Xxx Xxxxxx Suite 1000 Irvine, California 92612 Attention: Xxxx Xxxxxxx RE: Request for Wire under Master Repurchase Agreement, dated as of August 15October 31, 2005 2003, between Bear Xxxxxxx Mortgage Capital Corporation and NC Capital Corporation NC Capital Corporation, as seller under the above-referenced repurchase agreement (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto hereby notifies Bear Xxxxxxx Mortgage Capital Corporation (collectively, the “Buyer”) that Seller intends to enter into a Transaction on [Purchase Date]. Accordingly, please deliver [$ ] to Deutsche Bank National Trust Company via wire to the following account: Seller hereby agrees to deliver to Buyer an executed Request/Confirmation no later than 5:00 p.m. on the Purchase Date. The Master Repurchase Agreement is incorporated by reference into this Request for Wire and Wachovia Bank, National Association, made a part hereof as agent for if it were fully set forth herein. All capitalized terms used herein but not otherwise defined shall have the Buyers (meanings specified in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.. By: Name: Title:
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“"SEC”") under Section 15 of the Securities Exchange Act of 1934 (“"1934 Act”"), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”"SPA") do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer EACH INVESTMENT COMPANY AND/OR PORTFOLIO SERIES OR FUND OF EACH INVESTMENT COMPANY IDENTIFIED ON SCHEDULE A HERETO By: /s/ Mxxxxxxx Xxxxxxx By(ILLEGIBLE SIGNATURE) ---------------------- Name: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary SVP Date: August 15GOLDMAN, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INCSACHS & CO. By: /s/ Dxxxxx X. Xxx (ILLEGIBLE SIGNATURE) ---------------------- Name: Title: Assistant Secretary Date: Axxxxx 00, 0000 ANNEX I SUPPLEMENTAL TERMS AND CONDITIONS This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15April 7, 2005 2003 (the “Master Repurchase "Agreement”, and collectively with this Annex I, the “Repurchase Agreement”") between the Crystal River Capitaleach Mutual Fund and/or Portfolio Series of each Mutual Fund Identified on Exhibit A and Goldman, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (Sachs & Co. Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex Xxxxx I shall controlhave the meanings ascribed to them in the Agreement.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”’) do not protect the other party part with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKPERSHING LLC GSO Capital Partners LP on behalf of each entity listed in Exhibit Al attached hereto, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer severally not jointly By: /s/ Mxxxxxxx Xxxxxxx Xxxx Xxxxxxxxxx By: /s/ Dxxxxx Xxxxxx X. Xxx Xxxxxx Title: Director Title: Assistant Secretary Authorized Signatory Date: August 15February 3, 2005 2015 Date: August 15GSO / Blackstone Debt Funds Management LLC on behalf of each entity listed in Exhibit Al attached hereto, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. severally not jointly By: /s/ Dxxxxx Xxxxxx X. Xxx Xxxxxx Title: Assistant Secretary Authorized Signatory Date: Axxxxx 00With Respect to Pershing LLC: Pershing LLC Xxx Xxxxxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Attn: CAO, Collateral Funding & Trading Phone: 000-000-0000 E-mail: xxxx.xxxx@xxxxxxxxx.xxx With Copy to: Pershing LLC Xxx Xxxxxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Attn: Chief Legal Officer Phone: 000-000-0000 Pershing LLC Xxx Xxxxxxxx Xxxxx Xxxxxx Xxxx, XX 00000 Attn: Collateral Funding & Trading Phone: 000-0000000 E-Mail: xxxx.xxxx@xxxxxxxxx.xxx With Respect to each Entity Listed in Exhibit Al hereto: c/o GSO Capital Partners LP 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Legal Department Telephone: 000-000-0000 With Respect to each Entity Listed in Exhibit A2 hereto: c/o GSO / Blackstone Debt Funds Management LLC 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Legal Department Telephone: 000-000-0000 This Annex I VII (“Annex I”including any Schedules hereto) forms a part of the Master Repurchase Agreement dated as of August 15January 22, 2005 2015 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. Pershing LLC (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSCounterparty”) and the additional sellers each investment company identified on Schedule ‘VII.A hereto (as such schedule may be amended from time to time parties hereto time) acting on behalf of its respective series or portfolios identified on such Schedule VII.A, or in the case of those investment companies for which no separate series or portfolios are identified on such Schedule VII.A, acting for and on behalf of itself (the “Additional Sellers”each such series, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLCportfolio or investment company, as the Sole Lead Arrangercase may be, hereinafter referred to as a “Fund”). To In the extent that event of any conflict between the terms of this Annex I conflict with the terms VII and any other term of the Master Repurchase Agreement, the terms of this Annex I VII shall controlprevail. Capitalized terms used but not defined in this Annex VII shall have the meanings ascribed to them in the Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement (Blackstone / GSO Long-Short Credit Income Fund)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“"SEC”") under Section 15 of the Securities Exchange Act of 1934 (“"1934 Act”"), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“"SIPA”") do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL(Name of Party) (Name of Party) FIRST NATIONWIDE MORTGAGE CORPORATION LOMAS MORTGAGE USE, INC. as the Agent and as a Buyer By: By /s/ Mxxxxxxx Xxxxxxx By: J. RANDX XXXXX By /s/ Dxxxxx LOUIX X. Xxx Title: Director Title: Assistant Secretary Date: August 15XXXXXXX Xxxle President Title Senior Vice President Date 9/19/95 Date 9/19/95 6 7 ANNEX I (continued) SUPPLEMENTAL TERMS TO MASTER REPURCHASE AGREEMENT, 2005 Date: August 15DATED AS OF SEPTEMBER 19, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS1995, BETWEEN FIRST NATIONWIDE MORTGAGE CORPORATION AND LOMAS MORTGAGE USA, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 001. APPLICABILITY. These Supplemental Terms to Master Repurchase Agreement (the "Supplemental Terms") modify the terms and conditions under which the parties hereto, 0000 This Annex I (“Annex I”) forms a part of from time to time, enter into Transactions under the Master Repurchase Agreement (the "Master Repurchase Agreement") dated as of August 15September 19, 2005 1995, between First Nationwide Mortgage Corporation and Lomas Mortgage USA, Inc. (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRSthese Supplemental Terms, collectively, constitutes the “Sellers” and each, “Seller”"Agreement"), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I these Supplemental Terms conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I these Supplemental Terms shall control.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKCOOPERATIEVE RABOBANK U.A., NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer NEW YORK BRANCH By: /s/ Mxxxxxxx Xxxxxxx Jxxxxxx Xxxx Name: Jxxxxxx Xxxx Title: Executive Director Date: By: /s/ Dxxxxx Exxx X. Xxx Xxxxx Name: Exxx X. Xxxxx Title: Executive Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS[SIGNATURE PAGES CONTINUE ON FOLLOWING PAGE] FLOWERS FOODS, INC. By: /s/ Dxxxxx X. Xxx R. Xxxxx Xxxxxx Name: R. Xxxxx Xxxxxx Title: Assistant Secretary Chief Financial Officer and Chief Accounting Officer Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part of the 1996 SIFMA Master Repurchase Agreement dated as of August 15April 14, 2005 2023 (the “Master Repurchase AgreementSIFMA Master”, and collectively with as amended by this Annex I, this or the “Repurchase Agreement”) between the Crystal River CapitalFlowers Foods, Inc. (“Crystal RiverFlowers”), Crystal River Capital TRS Holdingsas Seller under the Framework Agreement (as defined below), Inc. and Coöperatieve Rabobank U.A., New York Branch (“TRSRabobank”) and as Buyer under the additional sellers from time Framework Agreement. Subject to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms provisions of Paragraph 1 of this Annex I conflict with the I, (a) capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the SIFMA Master, and (b) aside from this Annex I, including all exhibits and schedules attached hereto and thereto, no other Annexes or Schedules thereto shall form a part of the SIFMA Master or be applicable thereunder.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has September 1996 ¡ Master Repurchase Agreement ¡ 11 taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;.
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA SPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK[Signature Pages Follow] 12 ¡ September 1996 ¡ Master Repurchase Agreement COÖPERATIEVE RABOBANK, NATIONAL ASSOCIATIONU.A., CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer NEW YORK BRANCH By: /s/ Mxxxxxxx Xxxxxxx X. XxXxxx Name: Xxxxxxx X. XxXxxx Title: Executive Director Date: January 31, 2017 By: /s/ Dxxxxx X. Xxx Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Managing Director Date: January 31, 2017 [SIGNATURE PAGES CONTINUE ON FOLLOWING PAGE] [Signature Page to 1996 SIFMA Master Repurchase Agreement] THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH By: /s/ Xxxxx XxXxx Name: Xxxxx XxXxx Title: Assistant Secretary Managing Director Date: August 15January 31, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS2017 [SIGNATURE PAGES CONTINUE ON FOLLOWING PAGE] [Signature Page to 1996 SIFMA Master Repurchase Agreement] PHI FINANCIAL SERVICES, INC. By: /s/ Dxxxxx X. Xxx Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Assistant Secretary President Date: Axxxxx 00January 31, 0000 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.2017
Appears in 1 contract
Samples: Master Repurchase Agreement
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer Xxxxxx Brothers Inc. GSC Capital Corp. Xxxxxx Commercial Paper Inc. By: /s/ Mxxxxxxx Xxxxxxx Xxxxxx X. Xxxxxxxxx By: /s/ Dxxxxx April X. Xxx Xxxxxxx Name: Xxxxxx X. Xxxxxxxxx Name: April X. Xxxxxxx Title: Director Senior Vice President Title: Assistant Secretary Chief Financial Officer Date: August 15, 2005 8/4/05 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 8/4/05 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 154, 2005 (the “Master Repurchase Agreement”) between Xxxxxx Brothers Inc., Xxxxxx Commercial Paper Inc., and collectively with GSC Capital Corp. Capitalized terms used but not defined in this Annex I shall have the meanings ascribed to them in the Agreement.
1. In addition to this Annex I, Annex II shall be deemed executed by the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms shall also form a part of the Master Repurchase Agreement.
2. With respect to individual repurchase transactions, this Agreement shall only apply to the terms Xxxxxx Brothers entity (i.e. Xxxxxx Brothers Inc., Xxxxxx Commercial Paper Inc.) printed in the confirmation (as described in Section 3(b) herein) provided to the counterparty of this Annex I shall controlthe Xxxxxx Brothers entity.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;; 11 September 1996 Master Repurchase Agreement Society Hill Funding LLC
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx Mxxxx Xxxxxx By: /s/ Dxxxxx Gxxxxx X. Xxx Xxxxxxxxxx Title: Managing Director Name: Gxxxxx X. Xxxxxxxxxx Date: 6/18/15 Title: Assistant Secretary Executive Vice President Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 6/18/15 12 September 1996 Master Repurchase Agreement Society Hill Funding LLC This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15June 18, 2005 2015 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. Gxxxxxx Sxxxx Bank USA (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “SellersParty A” and each, “Seller”), the buyers from time to time parties hereto (collectively, the or “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers Society Hill Funding LLC (“Party B” or “Seller”). Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Investment Corp III)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITALX.X. XXXXXX SECURITIES LLC PROVIDENT MORTGAGE CAPITAL ASSOCIATES, INC. as the Agent and as a Buyer By Name /s/ XXXX XXXXXXXXX XXXX XXXXXXXXX By: /s/ Mxxxxxxx Xxxxxxx ByName: /s/ Dxxxxx Xxxx X. Xxx Xxxxxxxxxx Xxxx X. Xxxxxxxxxx Title EXECUTIVE DIRECTOR Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 Chief Financial Officer This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15May 4, 2005 2011 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River CapitalX.X. Xxxxxx Securities LLC (“Party A”) and Provident Mortgage Capital Associates, Inc. (“Crystal RiverParty B”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (. Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement (Provident Mortgage Capital Associates, Inc.)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERMELLX XXXEHOUSE SECURITIZATION TRUST 2021-3 By: SELLER: WACHOVIA BANKWilmington Savings Fund Society, NATIONAL ASSOCIATIONFSB, CRYSTAL RIVER CAPITAL, INC. not in its individual capacity but solely as the Agent and as a Buyer Owner Trustee By: /s/ Mxxxxxxx Xxxxxxx Devon C. A. Reverdito Name: Devon C. A. Reverdito Title: Assistant Vice President Date: LOANXXXXX.XXX, XXC By: /s/ Dxxxxx X. Xxx Patrxxx Xxxxxxxx Name: Patrxxx Xxxxxxxx Title: Director Title: Assistant Secretary Chief Financial Officer Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 September 1996 Master Repurchase Agreement Annex I Supplemental Terms and Conditions This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15October 21, 2005 2021 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Base Agreement”) between the Crystal River Capital, Inc. Mellx Xxxehouse Securitization Trust 2021-3 (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia BankloanXxxxx.xxx, National Association, as agent for the Buyers XXC (in such capacity, the “AgentSeller”) with Wachovia Capital Markets(the Base Agreement, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with and the other annexes hereto, as they may be amended, supplemented or otherwise modified from time to time, collectively being the “Agreement”). Capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall control.have the meanings ascribed to them in the Agreement. References to sections in this Annex I shall, unless expressly stated to the contrary, mean sections of this Annex I.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection 11 • September 1996 • Master Repurchase Agreement Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx Bxxxxx Xxxxxxxxxx Name: Bxxxxx Xxxxxxxxxx Title: Managing Director By: CapitalSource Inc., as Manager By: /s/ Dxxxxx Txxxxx X. Xxx Xxxx Name: Txxxxx X. Xxxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 Senior Vice President and Chief Financial Officer This Annex I (“Annex I”) supplements and forms a part of the Master Repurchase Agreement dated as of August 15November 17, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Citigroup Global Markets Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (CSE Mortgage LLC. Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 1934, as amended (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 1970, as amended (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, [Signatures follow on separate page] AMGEN INC. as the Agent and as a Buyer HSBC BANK USA, N.A. By: /s/ Mxxxxxxx Xxxxxxxx X. Xxxxxxx By: /s/ Dxxxxx Xxxx Xxxxxxxxxx Name: Xxxxxxxx X. Xxx Xxxxxxx Name: Xxxx Xxxxxxxxxx Title: Director Executive Vice President and Chief Title: Assistant Secretary Senior Vice President Financial Officer Date: August 15October 29, 2005 2013 Date: August 15October 29, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 2013 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement Agreement, dated as of August 15October 29, 2005 2013, between Amgen Inc. (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSSeller”) and the additional sellers from time to time parties hereto HSBC Bank USA, N.A. (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) (as amended, amended and Wachovia Bankrestated, National Association, as agent for the Buyers (in such capacitysupplemented or otherwise modified from time to time, the “AgentAgreement”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger). To the extent that the Capitalized terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the Agreement. References in this Annex I and in the Agreement to provisions of the Agreement shall refer to such provisions as amended by this Annex I. This Agreement arises from the novation of a portion of a “Transaction” under a master repurchase agreement dated as of August 24, 2013, entered into by Bank of America, N.A. and the Seller, as supplemented by a confirmation dated September 30, 2013 (such master repurchase agreement, as supplemented by such confirmation, the “Original Agreement”). By virtue of the transaction confirmed by such confirmation, the Buyer exhausted the facility provided pursuant to the Original Agreement; and accordingly the sole Transaction under this Agreement is and will be that described in the Confirmation dated the date of this Agreement between the Seller and the Buyer (the “Confirmation”) related to the novated portion of such original transaction, and all references to further transactions hereunder shall be of no effect and shall be disregarded in the interpretation of this Agreement.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. [SIGNATURE PAGE FOLLOWS] BUYER: GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Vice President SELLER: WACHOVIA BANKKBS TRIBECA SUMMIT, NATIONAL ASSOCIATIONLLC, CRYSTAL RIVER CAPITALa Delaware limited liability company By: KBS REIT ACQUISITION III, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, general partner By: /s/ Xxxxxxx X. Xxxxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxxxx, Xx. Title: Chief Executive Officer CONFIRMATION TO MASTER REPURCHASE AGREEMENT Date of Confirmation: July 18, 2006 Reference is hereby made to that certain Master Repurchase Agreement (the “Repo Agreement”) dated as of July 18, 2006 between GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital MarketsKBS TRIBECA SUMMIT, LLC, as a Delaware limited liability company (“Seller”). Capitalized terms used but not defined herein shall have the Sole Lead Arrangermeanings given to such terms in the Repo Agreement. To This document (this “Confirmation”) confirms the extent that agreement of Buyer and Seller to enter into a Transaction on the terms of this Annex I conflict with the terms of the Master Repurchase Agreementfollowing terms:
I. Principal Terms
1. Buyer: GREENWICH CAPITAL FINANCIAL PRODUCTS, the terms of this Annex I shall controlINC.
2. Seller: KBS TRIBECA SUMMIT, LLC 3. Purchase Date: July 18, 2006
Appears in 1 contract
Samples: Master Repurchase Agreement
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“"SEC”") under Section 15 of the Securities Exchange Act of 1934 (“"1934 Act”"), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“"SIPA”") do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERBEAR, STEARNS INTERNATIONAL LIMITED, LNR CMBS Holdings Corporation Xx: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer /s/ PAUL M. FRIEDMAN By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx SHELLY RUBIN -------------------------------- -------------------------------- Paul M. Freidman Shelly Rubin Title: Director Dxxxxxxx Title: Assistant Secretary Vxxx Xxxxxxxxt ----------------------------- ----------------------------- Date: August 15November 06, 2005 2000 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 4/14/00 ------------------------------ ------------------------------ ANNEX I Supplemental Terms and Conditions This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement (September 1996 Version) dated as of August 15March 31, 2005 1999 (the “Master Repurchase "Agreement”, and collectively with this Annex I, the “Repurchase Agreement”") between the Crystal River Capital, Inc. BEAR STEARNS INTERNATIONAL LIMITED (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”"Bear Stearns") and the additional sellers from time to time parties hereto LNR CMBS Holdings Xxxxxxation (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”"Counterparty"), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (. Capitaxxxxx xerms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement.
Appears in 1 contract
Samples: Supplement and Amendment to Annex 1 a of the Master Repurchase Agreement (LNR Property Corp)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a the Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: WILMINGTON TRUST COMPANY, as agent for SELLER: WACHOVIA BANKXxxxxx XXXX CRE HOLDINGS, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer LLC By: /s/ Mxxxxxxx Xxxxxxx Xxxxx Xxxxxxxx By: Taberna Realty Financial Trust, its managing member By: /s/ Dxxxxx Xxxxx X. Xxx Xxxxx Name: Xxxxx Xxxxxxxx Title: Director Financial Services Officer Date: Name: Xxxxx X. Xxxxx Title: Assistant Secretary SVP & CAO Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms and the attached Annex II (“Annex II”) form a part of the Master Repurchase Agreement dated as of August 15September 19, 2005 2008 (the “Master Repurchase Agreement”” and, and collectively with this Annex II and Annex II, the “Repurchase Agreement”) ), between the Crystal River Capitalbuyer, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National AssociationWILMINGTON TRUST COMPANY, as agent for the Buyers (in such capacity, the “AgentBuyer”) with Wachovia Capital Markets, for Xxxxxx LLC, as the Sole Lead Arrangera Delaware limited liability company, and RAIT CRE HOLDINGS, LLC (“Seller”). To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;.
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA SPA will not provide protection to the other party with respect to any Transaction hereunder; hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxx Xxxxxxx Name:Xxxxxx Xxxxxxx Title:Managing Director By: /s/ Dxxxxx X. Xxx Xxxxx Xxxxxxx Name:Xxxxx Xxxxxxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. :Vice President By: /s/ Dxxxxx X. Xxx Xxxxxx Xxxxxxxx Name:Xxxxxx Xxxxxxxx Title:Managing Director By: Assistant Secretary Date/s/ Xxxxxx Panaino Name:Xxxxxx Panaino Title:Managing Director By: Axxxxx 00, 0000 /s/ Xxxxxx Xxxxxxx Name:Xxxxxx Xxxxxxx Title:Vice President By: /s/ Xxxxxxx Xxxxx Name:Xxxxxxx Xxxxx Title:President This Annex I (“Annex I”) forms a part of the 1996 SIFMA Master Repurchase Agreement dated as of August 15February 11, 2005 2020 (the “Master Repurchase Agreement”, SIFMA Master,” and collectively with as amended by this Annex I, this or the “Repurchase Agreement”) between the Crystal River Capitalamong PHI Financial Services, Inc. Inc., Coöperatieve Rabobank, U.A., New York Branch (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSRabobank”) and each of the additional sellers other Buyers from time to time parties hereto (Party thereto. Subject to the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms provisions of Paragraph 1 of this Annex I conflict with the I, (a) capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the SIFMA Master, and (b) aside from this Annex I, including all exhibits and schedules attached hereto and thereto, no other Annexes or Schedules thereto shall form a part of the SIFMA Master or be applicable thereunder.
Appears in 1 contract
Samples: Master Repurchase Agreement (Dupont E I De Nemours & Co)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKRCG PB, NATIONAL ASSOCIATIONLTD, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Jxxxxxx X. Xxxxxxx Name: Jxxxxxx X. Xxxxxxx Title: Authorized Signatory HANOVER CAPITAL MORTGAGE HOLDINGS, INC., as Seller By: /s/ Dxxxxx Jxxx X. Xxx Xxxxxxxx Name: Jxxx X. Xxxxxxxx Title: Director Title: Assistant Secretary Date: August 15Chairman, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 President and Chief Executive Officer This Second Amended and Restated Annex I (this “Annex I”) ), dated as of November 13, 2007, forms a part of the TBMA Master Repurchase Agreement (September 1996 Version) dated as of August 1510, 2005 2007 (the “Master Repurchase Agreement”” and, and collectively together with this Second Amended and Restated Annex I, the Annex II and any schedules and exhibits hereto or thereto, this “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River between Hanover Capital TRS Mortgage Holdings, Inc. Inc., as the Seller (the “TRSSeller”) and the additional sellers from time to time parties hereto RCG PB, Ltd, as buyer (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for ). Capitalized terms used but not defined in this Annex I shall have the Buyers (meanings ascribed to them in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead ArrangerMaster Agreement. To the extent that the terms of this Annex I conflict conflicts with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.. All references to Buyer in the Agreement shall be deemed to be references to RCG PB, Ltd, and except as is otherwise expressly provided in this Annex I to the contrary, any reference to “Seller” in the Master Agreement shall be construed to mean a reference to Hanover Capital Mortgage Holdings, Inc.
Appears in 1 contract
Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERGREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation By: SELLER/s/ XXXXX X. XXXXXXX Name: WACHOVIA BANKXxxxx X. Xxxxxxx Title: Vice President XXXXXXX PROPERTIES- HOLDINGS V, NATIONAL ASSOCIATIONLLC, CRYSTAL RIVER CAPITALa Delaware limited liability company By: XXXXXXX PROPERTIES, L.P., a Maryland limited partnership, its sole member By: XXXXXXX PROPERTIES, INC., a Maryland corporation, its sole general partner By: /s/ XXXXXX X. XXXXXXXXX Name: Xxxxxx X. Xxxxxxxxx Title: Executive Vice President & CFO Reference is hereby made to that certain Master Repurchase Agreement (the “Repo Agreement”) dated as of April 21, 2008 between GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital MarketsXXXXXXX PROPERTIES-HOLDINGS V, LLC, as a Delaware limited liability company (“Seller”). Capitalized terms used but not defined herein shall have the Sole Lead Arrangermeanings given to such terms in the Repo Agreement. To This document (this “Confirmation”) confirms the extent that agreement of Buyer and Seller to enter into a Transaction on the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.following terms:
Appears in 1 contract
Samples: Master Repurchase Agreement (Maguire Properties Inc)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERa Delaware corporation By: SELLER/s/ Xxxxx X. Xxxxxxx Name: WACHOVIA BANKXxxxx X. Xxxxxxx Title: Vice President a Delaware limited liability company By: KBS REIT ACQUISITION III, NATIONAL ASSOCIATIONLLC, CRYSTAL RIVER CAPITALa Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, general partner By: /s/ Xxxxxxx X. Xxxxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxxxx, Xx. Title: Chief Executive Officer Reference is hereby made to that certain Master Repurchase Agreement (the “Repo Agreement”) dated as of July 18, 2006 between GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital MarketsKBS TRIBECA SUMMIT, LLC, as a Delaware limited liability company (“Seller”). Capitalized terms used but not defined herein shall have the Sole Lead Arrangermeanings given to such terms in the Repo Agreement. To This document (this “Confirmation”) confirms the extent that agreement of Buyer and Seller to enter into a Transaction on the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall control.following terms:
Appears in 1 contract
Samples: Master Repurchase Agreement (KBS Real Estate Investment Trust, Inc.)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKCHS Inc. MUFG Bank, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer By: /s/ Mxxxxxxx Xxxxxxx By: /s/ Dxxxxx X. Xxx Title: Director Title: Assistant Secretary Date: August 15, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 Ltd. [Name of Party] [Name of Party] 11 ■¡ September 1996 ■¡ Master Repurchase Agreement This Annex I (“Annex I”) forms a part of the 1996 SIFMA Master Repurchase Agreement Agreement, dated as of August 15September 4, 2005 2018 (the “Master Repurchase AgreementSIFMA Master”, and collectively with as amended by this Annex I, this or the “Repurchase Agreement”) between the Crystal River Capital, CHS Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSCHS”) and the additional sellers from time to time parties hereto MUFG Bank, Ltd. (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “SellerMUFG”), . Subject to the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms provisions of Paragraph 1 of this Annex I conflict with the I, (a) capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the SIFMA Master, and (b) aside from this Annex I, including all exhibits and schedules attached hereto and thereto, no other Annexes or Schedules thereto shall form a part of the SIFMA Master or be applicable thereunder.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“"SEC”") under Section 15 of the Securities Exchange Act of 1934 (“"1934 Act”"), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“"SIPA”") do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKX.X. XXXXXX SECURITIES LLC CMFT REAL ESTATE SECURITIES I, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer LLC By: /s/ Mxxxxxxx Xxxxxxx X. Xxxxxxx By: /s/ Dxxxxx Xxxxxx XxXxxxxx Name: Xxxxxxx X. Xxx Xxxxxxx Name: Xxxxxx XxXxxxxx Title: Executive Director Title: Assistant Secretary Date: August 15Vice President, 2005 Date: August 15, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 Chief Financial and Treasurer This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15June 1, 2005 2022 (the “Master Repurchase "Agreement”, and collectively with this Annex I, the “Repurchase Agreement”") between the Crystal River Capital, Inc. X.X. Xxxxxx Securities LLC (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSParty A”) and the additional sellers from time to time parties hereto CMFT Real Estate Securities I, LLC (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “SellerParty B”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (. Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of this Annex I shall controlhave the meanings ascribed to them in the Agreement.
1. Annexes and any Schedules thereto shall form a part of the Agreement and shall be applicable thereunder: Annex V (Margin for Forward Transactions)
2. Confirmations in accordance with Paragraph 3(b) are in all cases to be furnished by Party A.
3. The generally recognized source for the determination of Market Value under Paragraph 2(j) shall be (i) Bloomberg for U.S. Treasury bills, bonds and notes or (ii) determined in good faith by Party A in a reasonable manner selected by it for all other securities.
4. With respect to all Transactions, Party B hereby represents and warrants to Party A that it is not a “Plan Party” (as defined in Paragraph 18 of the Agreement).
Appears in 1 contract
Samples: Securities Transfer Agreement (Cim Real Estate Finance Trust, Inc.)
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 1934, as amended (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 1970, as amended (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, [Signatures follow on separate page] AMGEN INC. SMBC REPO PASS-THRU TRUST, 2013-1 By: THE BANK OF NEW YORK MELLON, not in its individual capacity but solely as the Agent and as a Buyer Trustee By: /s/ Mxxxxxxx Xxxxxxxx X. Xxxxxxx Name: Xxxxxxxx X. Xxxxxxx By: /s/ Dxxxxx X. Xxx Xxxxxxx Xxxxxx Title: Director Executive Vice President and Chief Name: Xxxxxxx Xxxxxx Financial Officer Title: Assistant Secretary Vice President Date: August 15October 28, 2005 2013 Date: August 15October 28, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 2013 This Annex I (“Annex I”) forms a part of the Master Repurchase Agreement Agreement, dated as of August 15October 28, 2005 2013, between AMGEN INC. (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRSSeller”) and the additional sellers from time to time parties hereto SMBC REPO PASS-THRU TRUST, 2013-1 (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) (as amended, amended and Wachovia Bankrestated, National Association, as agent for the Buyers (in such capacitysupplemented or otherwise modified from time to time, the “AgentAgreement”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger). To the extent that the Capitalized terms of this Annex I conflict with the terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the Agreement. References in this Annex I and in the Agreement to provisions of the Agreement shall refer to such provisions as amended by this Annex I. This Agreement arises from the novation of a portion of a “Transaction” under a master repurchase agreement dated as of August 24, 2013, entered into by Bank of America, N.A. and the Seller, as supplemented by a confirmation dated September 30, 2013 (such master repurchase agreement, as supplemented by such confirmation, the “Original Agreement”). By virtue of the transaction confirmed by such confirmation, the Buyer exhausted the facility provided pursuant to the Original Agreement; and accordingly the sole Transaction under this Agreement is and will be that described in the Confirmation dated the date of this Agreement between the Seller and the Buyer (the “Confirmation”) related to the novated portion of such original transaction, and all references to further transactions hereunder shall be of no effect and shall be disregarded in the interpretation of this Agreement.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange SecuritiesExchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and depositand therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA BANKBEAR, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITALXXXXXXX & CO. INC. THE XXXXXXX FUNDS, INC. as the Agent and as a Buyer ByBY: /s/ Mxxxxxxx Xxxxxxx ByXxxxxxx BY: /s/ Dxxxxx Xxxx X. Xxx TitleXxxxxxxx NAME: Director TitleXXXXXXX XXXXXXX NAME: Assistant Secretary DateXXXX X. XXXXXXXX TITLE : August 15SENIOR MANAGING DIRECTOR TITLE: SECRETARY DATE: MAY 27, 2005 DateDATE: August 15MAY 27, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS2005
(1) Paragraph 2(i). The “Margin Notice Deadline” referred to in Paragraph 2(i) is 10 o’clock in the morning, INCNew York time.
(2) Paragraph 2(j). By: /s/ Dxxxxx X. Xxx Title: Assistant Secretary Date: Axxxxx 00, 0000 This Annex I (The definition of “Annex I”) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase AgreementMarket Value”, and collectively with this Annex Iis hereby amended by adding thereto, after the words “a generally recognized source agreed to by the parties”, the following parenthetical: “Repurchase Agreement(and, in the absence of such agreement, determined by Buyer)”.
(3) between Paragraph 2(p). The definition of “Purchased Securities”, is hereby supplemented by adding at the Crystal River Capitalend thereof the following: “‘Purchased Securities’ shall be limited to Securities that are (i) United States Treasury bills, Inc. notes, bonds and STRIPS, (“Crystal River”ii) all other securities issued or guaranteed by the United States government or its agencies or instrumentalities (including government-sponsored enterprises), Crystal River Capital TRS Holdings(iii) all other “exempted securities” as defined in the Securities Exchange Act of 1934, Inc. (“TRS”) and the additional sellers as from time to time parties hereto in effect, (the “Additional Sellers”iv) investment-grade bonds issued by corporations, together with Crystal River and TRS(v) money market instruments, collectively, the “Sellers” and each, “Seller”including but not limited to commercial paper (whether asset-backed or not), bankers’ acceptances and bank certificates of deposit (both Eurodollar and other Eurocurrency certificates, and domestic US certificates), (vi) “mortgage-related securities” as defined in the buyers Securities Exchange Act of 1934, as from time to time in effect and (vii) other asset-backed securities which are rated AAA or AA (or the equivalent) by a nationally recognized statistical rating organization, including securities backed by auto loan receivables and credit card receivables.
(4) Paragraph 2. The definition of “Purchase Price” in Paragraph 2(o) of the Agreement and the provisions of Paragraph 4 (Margin Maintenance) of the Agreement notwithstanding, the parties hereto hereby agree (collectivelyi) that the Purchase Price will not be increased or decreased by the amount of cash transferred by one party hereto to the other pursuant to Paragraph 4 of the Agreement, and (ii) that transfer of such cash shall be treated as if it constituted a transfer of Securities (with a Market Value equal to the “Buyer”U.S. dollar amount of such cash) and Wachovia Bank, National Association, as agent for the Buyers pursuant to Paragraph 4(a) or (in such capacity, the “Agent”) with Wachovia Capital Markets, LLCb), as the Sole Lead Arrangercase may be (including for purposes of the definition of “Additional Purchased Securities”).
(5) Paragraph 3(a). To Paragraph 3(a) (Initiation) is hereby amended by deleting the first sentence thereof and substituting therefore the following: “Upon demand from time to time by Seller, made in writing, orally or electronically to custodian for Buyer, which is CUSTODIAL TRUST COMPANY (“CTC”), a bank organized under the laws of New Jersey and an affiliate of Seller, Buyer shall purchase Securities from Seller for a Purchase Price equal to the available, uninvested cash held in all of Buyer’s custody accounts at CTC, such Securities to have a Market Value at the time of purchase of no less than 102% of the Purchase Price. Each such Transaction shall have the following terms and conditions:
(a) Buyer’s Margin Percentage and Seller’s Margin Percentage shall each be not less than 102% of the Repurchase Price;
(b) Pricing Rate shall be the Pricing Rate offered by Seller and conveyed to CTC at the xxxx Xxxxxx makes the demand which initiates such Transaction;
(c) Purchase Date shall be the date on which Seller makes the demand which initiates such Transaction; and
(d) Repurchase Date shall be the next business day after the Purchase Date.”
(6) Paragraph 3. Paragraph 3 (Initiation, Confirmation, Termination) is hereby supplemented by adding at the end thereof the following sub-paragraph (d): “Buyer and Seller hereby agree that notwithstanding any requirements for the contents of Confirmations set forth in Paragraph 3(b) above, each report delivered by Seller to Buyer (or if not delivered by Seller to Buyer, then each report delivered by CTC to Buyer), listing (i) Transactions entered into by Buyer and Seller which are outstanding on the date shown in such report, (ii) the Purchased Securities subject thereto, and (iii) the Pricing Rate and the aggregate Purchase Price for such Purchased Securities, shall constitute a Confirmation in accordance with Paragraph 3(b) above of such Transactions, Purchased Securities, Pricing Rate and Purchase Price, as well as of the Purchase Date and Repurchase Date for such Transactions, unless with respect to such report specific objection is made by Buyer to Seller promptly after Buyer’s receipt thereof or such report contains a manifest error.”
(7) Paragraph 11. Paragraph 11 (Events of Default), is hereby supplemented by adding at the end thereof the following sub-paragraph (j): “In the event Buyer is the defaulting party, Seller shall have a continuing security interest in all property of Buyer of whatever nature held by Seller, including, but not limited to, securities, commodity futures contracts, commercial paper, monies and any after-acquired property held by Seller or carried in Buyer’s accounts with Seller, as security for the payment of all obligations and liabilities of Buyer to Seller under this Agreement.”
(8) Paragraph 14. Paragraph 14 (Entire Agreement; Severability) is hereby amended by deleting the first sentence thereof and substituting therefore the following: “This Agreement shall supersede any existing agreements between the parties containing general terms and conditions for repurchase transactions, but shall do so only to the extent that any such agreement might otherwise apply to repurchase transactions initiated in the terms of manner provided for in Paragraph 3 above (as amended) and shall itself not be superseded by any such agreement that the parties may enter into in the future unless such future agreement specifically identifies this Annex I conflict with the terms of the Master Repurchase Agreement by date and states that it supersedes this Agreement, the terms of this Annex I shall control.”
(9) Paragraph 21. A supplemental Paragraph 21 is hereby added as follows: “
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYERBEAR, XXXXXXX & Co., Inc. as agent for CRIIMI MAE ASSET ACQUISITION CORP. BEAR, XXXXXXX INTERNATIONAL LIMITED BY: SELLER: WACHOVIA BANK, NATIONAL ASSOCIATION, CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer /s/ Xxxxxxx Xxxxxx By: /s/ Mxxxxxxx Xxxxx Xxxxxxxx Name: Xxxxxxx ByXxxxxx Name: /s/ Dxxxxx X. Xxx TitleXxxxx Xxxxxxxx TITLE : Senior Managing Director Title: Assistant Secretary Date: August 15Chairman, 2005 Date: August 15President and CEO BEAR, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, XXXXXXX & CO. INC. ByGOVERNMENT OPERATIONS 0 XXXXXXXXX XXXXXX XXXXX 0XX XXXXX XXXXXXXX, XX 00000-0000 ATTENTION: /s/ Dxxxxx X. Xxx TitleSR. MANAGING DIRECTOR TELEPHONE: Assistant Secretary Date: Axxxxx 00, (000) 000-0000 This Annex I III (“Annex I”including any Schedules hereto) forms a part of the Master Repurchase Agreement dated as of August 15, 2005 (the “Master Repurchase Agreement”, and collectively with this Annex I, the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia Bank, National Association, as agent for the Buyers (..Capitalized terms used but not defined in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms of this Annex I conflict with III shall have the terms of meanings ascribed to them in the Master Repurchase Agreement, the terms of this Annex I shall control.
Appears in 1 contract
Disclosure Relating to Certain Federal Protections. The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the Securities and Exchange Commission (“SEC”) under Section 15 of the Securities Exchange Act of 1934 (“1934 Act”), the Securities Investor Protection Corporation has taken the position that the provisions of the Securities Investor Protection Act of 1970 (“SIPA”) do not protect the other party with respect to any Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, as applicable. BUYER: SELLER: WACHOVIA MUFG BANK, NATIONAL ASSOCIATIONLTD., CRYSTAL RIVER CAPITAL, INC. as the Agent and as a Buyer NEW YORK BRANCH USCC EIP LLC By: /s/ Mxxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx By: /s/ Dxxxxx Xxxxxxx X. Xxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Managing Director Title: Assistant Secretary Authorized Person of USCC EIP LLC and EVP, CFO and Treasurer of United States Cellular Company Date: August 15January 26, 2005 2022 Date: August 15January 26, 2005 CRYSTAL RIVER CAPITAL TRS HOLDINGS, INC. 2022 By: /s/ Dxxxxx Xxxx X. Xxx Xxxxxx Name: Xxxx X. Xxxxxx Title: Assistant Secretary Authorized Person of USCC EIP LLC and VP and Treasurer of Telephone and Data Systems, Inc. Date: Axxxxx 00January 26, 0000 2022 This Annex I (“Annex I”) forms a part of the 1996 SIFMA Master Repurchase Agreement Agreement, dated as of August 15January 26, 2005 2022 (the “Master Repurchase Agreement”, SIFMA Master,” and collectively with as amended by this Annex I, this or the “Repurchase Agreement”) between the Crystal River Capital, Inc. (“Crystal River”), Crystal River Capital TRS Holdings, Inc. (“TRS”) between USCC EIP LLC and the additional sellers from time to time parties hereto (the “Additional Sellers”, together with Crystal River and TRS, collectively, the “Sellers” and each, “Seller”), the buyers from time to time parties hereto (collectively, the “Buyer”) and Wachovia MUFG Bank, National AssociationLtd., as agent for New York Branch. Subject to the Buyers (in such capacity, the “Agent”) with Wachovia Capital Markets, LLC, as the Sole Lead Arranger. To the extent that the terms provisions of Paragraph 1 of this Annex I conflict with the I, (a) capitalized terms of the Master Repurchase Agreement, the terms of used but not defined in this Annex I shall controlhave the meanings ascribed to them in the SIFMA Master, and (b) aside from this Annex I, including all exhibits and schedules attached hereto and thereto, no other Annexes or Schedules thereto shall form a part of the SIFMA Master or be applicable thereunder.
Appears in 1 contract
Samples: Master Repurchase Agreement (United States Cellular Corp)