Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 12/03 A&R CREDIT AGREEMENT, AS AMENDED BY THE 3/04 AMENDMENT TO CREDIT AGREEMENT DATED AS OF MARCH 8, 2004, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED as of the 3/04 Amendment Effective Date. HOMEBANC MORTGAGE CORPORATION By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Senior Vice Presient JPMORGAN CHASE BANK, as the Agent and as a Lender By: /s/ Xxxxxxx X. Xxxxxxxxx Name: Xxxxxxx X. Xxxxxxxxx Title: Senior Vice President COMMERZBANK AKTIENGESELLSCHAFT NEW YORK AND GRAND CAYMAN BRANCHES as a Lender By: /s/ X. Xxxxx Name: Xxxxx X. Xxxxx Title: Vice President By: /s/ Xxxxxxx XxXxxxxx Name: Xxxxxxx X. XxXxxxxx Title: Vice President KEYBANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice-President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President WASHINGTON MUTUAL BANK, as a Lender By: /S/ XXXXXX X. XXXXXX Name: Xxxxxx X. Xxxxxx Title: Vice President COLONIAL BANK, N.A. as a Lender By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Senior Vice President CREDIT LYONNAIS NEW YORK BRANCH, as a Lender By: /S/ XXXXXXXXX XXXXX Name: Xxxxxxxxx Xxxxx Title: Senior Vice President NATIONAL CITY BANK OF KENTUCKY, as a Lender By: /S/ XXXX STEVEKING Name: Xxxx Steveking Title: Senior Vice President BANK HAPOALIM as a Lender By: /S/ XXXXX X. XXXXXXX Name: Xxxxx X. Xxxxxxx Title: Vice President By: /S/ XXXXX XXX XXXXX Name: Xxxxx Xxx Xxxxx Title: Senior Vice President and Corporate Manager
Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 3/04 CREDIT AGREEMENT, AS AMENDED BY THE 6/04 AMENDMENT AND THIS AMENDMENT, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTED as of the Effective Date. SUNSET FINANCIAL RESOURCES, INC. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: Chief Financial Officer JPMORGAN CHASE BANK, N.A. as the Agent and as a Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President Exhibit 3/05-B - Requests for Borrowing forms with Submission List and Total Pledged MBS List forms Schedule 3/05-EC - Eligible Collateral Schedule 3/05-10.6(h) - Permitted Debt as of Xxxxx 0, 0000 JPMorgan Chase Bank, N.A. 0000 Xxxxxx, 12th Floor Houston, Texas 77002 Attention: Xxxxx Xxxx Ladies and Gentlemen: SUNSET FINANCIAL RESOURCES, INC. (the “Company”) and JPMORGAN CHASE BANK, N.A. as a lender and as agent (the “Agent”) for the other lender(s) who are parties to it as lenders, and such other lenders (all such lenders, including JPMorgan Chase Bank, N.A. being herein called the “Lenders”) together executed a 3/04 Senior Secured Credit Agreement dated March 22, 2004 (which, as it may have been or may hereafter be supplemented, amended or restated from time to time, is called the “Current Credit Agreement”). Any term defined in the Current Credit Agreement and used in this Request for Borrowing shall have the meaning given to it in the Current Credit Agreement. The Company currently qualifies under the Current Credit Agreement for, and hereby requests, an Advance or Advances as set forth below to be made on , 20 (or, if the Agent is closed that day, on the next day when it is not). Single-family Warehousing Advance(s): Wet Advance: $ Dry Advance: $ Total Single-family Warehousing Advance: $ Commercial Warehousing Advance(s) $ MBS Financing Advance(s) $ Total Borrowing $ After giving effect as required by the Credit Agreement to the requested Advance, the Borrowing Base will equal or exceed the outstanding principal balance of the Loan and such balance will not exceed the Aggregate Committed Sum. ¨ This Request for Borrowing includes a request for a Single-family Warehousing Advance. If the Current Credit Agreement requires new Collateral to support the requested Advance, (i) the Company ...
Notice Pursuant to Tex. Bus. & Comm.
Notice Pursuant to Tex. Bus. & Comm. Code ss.26.02. This Section is hereby amended to read as follows:
Notice Pursuant to Tex. Bus. & Comm. Code "26.02. THIS AGREEMENT, AS AMENDED BY THE 7/98 AMENDMENT AND THE 4/99 AMENDMENT, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THE 6/04 CREDIT AGREEMENT, AS AMENDED BY THE 6/23/04 AMENDMENT, AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code §26.02. THIS AGREEMENT AND THE OTHER FACILITIES PAPERS TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. BUS. & COMM. CODE §26.02. THIS AMENDMENT AND ALL OTHER LOAN DOCUMENTS EXECUTED BY ANY OF THE PARTIES BEFORE OR SUBSTANTIALLY CONTEMPORANEOUSLY WITH THE EXECUTION HEREOF, TOGETHER CONSTITUTE A WRITTEN LOAN AGREEMENT WHICH REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Notice Pursuant to Tex. Bus. & Comm. Code Section 26.02. . . . . . . . . . . . . . . . . . . . 84
