Exhibit 4.2
First Amendment to the Pooling and Servicing Agreement
WACHOVIA BANK COMMERCIAL MORTGAGE TRUST,
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-C30
FIRST AMENDMENT TO POOLING AND SERVICING AGREEMENT
THIS FIRST AMENDMENT, dated as of September 21, 2007 (this "First
Amendment"), by and among Wachovia Commercial Mortgage Securities, Inc., as
depositor (the "Depositor"), Wachovia Bank, National Association, as master
servicer (the "Master Servicer"), CWCapital Asset Management LLC, as special
servicer (the "Special Servicer") and Xxxxx Fargo Bank, N.A., as trustee (the
"Trustee") to the Pooling and Servicing Agreement dated as of March 1, 2007 (the
"Pooling and Servicing Agreement"), by and among the Depositor, the Master
Servicer, the Special Servicer and the Trustee.
Capitalized terms used and not otherwise defined herein shall have
the meanings set forth for such terms in the Pooling and Servicing Agreement.
RECITALS
WHEREAS, the Depositor, the Master Servicer, the Special Servicer,
and the Trustee desire to amend the Pooling and Servicing Agreement; and
WHEREAS, pursuant to Section 11.01(a)(ii) of the Pooling and
Servicing Agreement, the Pooling and Servicing Agreement may be amended by the
parties thereto, without the consent of any of the Certificateholders or
Companion Holders to correct, modify or supplement any provision in the Pooling
and Servicing Agreement which may be inconsistent with any other provisions in
the Pooling and Servicing Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the Depositor, the Master Servicer, the Special Servicer and the Trustee
hereby agree that the Pooling and Servicing Agreement shall be amended as
follows:
SECTION 1. Amendments.
(A) The definition of "Rated Final Distribution Date" is hereby
deleted in its entirety and replaced with the following:
"Rated Final Distribution Date": The Distribution Date in December
2043, the first Distribution Date after the 24th month following the end of the
amortization term for the Mortgage Loan that, as of the Cut-Off Date, has the
longest remaining amortization term (without regard to the related Stated
Maturity Date).
SECTION 2. Conditions Precedent. This First Amendment shall become
effective on the date on which the Trustee shall have received this First
Amendment, executed and delivered by a duly authorized officer of the Depositor,
the Master Servicer, the Special Servicer and the Trustee.
SECTION 3. Limited Effect. Except as expressly amended and modified
by this First Amendment, the Pooling and Servicing Agreement shall continue to
be, and shall remain, in full force and effect in accordance with its terms.
SECTION 4. Counterparts. This First Amendment may be executed by one
or more of the parties hereto on any number of separate counterparts, each of
which shall be an original and all of which taken together shall constitute one
and the same instrument.
SECTION 5. Governing Law. This First Amendment shall be governed by,
and construed in accordance with, the laws of the State of New York.
(SIGNATURES COMMENCE ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the Depositor, the Master Servicer, the Special
Servicer and the Trustee have caused their names to be signed hereto by their
respective officers thereunto duly authorized all as of the day and year first
above written.
WACHOVIA COMMERCIAL MORTGAGE
SECURITIES, INC.,
as Depositor
By: /s/ Xxxxxxxxx X. Xxxxxxx
-----------------------------------
Name: Xxxxxxxxx X. Xxxxxxx
Title: Vice President
WACHOVIA BANK, NATIONAL ASSOCIATION,
as Master Servicer
By: /s/ Xxxxxxx X. Xxxxxxxx
-----------------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Vice President
CWCAPITAL ASSET MANAGEMENT LLC, as
Special Servicer
By: /s/ Xxxxx X.Xxxxxxxxx
-----------------------------------
Name: Xxxxx X. Xxxxxxxxx
Title: Managing Director
XXXXX FARGO BANK, N.A., as Trustee
By: /s/ Xxxxxx Xxxxxxxxxx
-----------------------------------
Name: Xxxxxx Xxxxxxxxxx
Title: Vice President &
Assistant Secretary
