0000940394-06-000707 Sample Contracts

Contract
Loan and Security Agreement • August 9th, 2006 • Belrose Capital Fund LLC • Miscellaneous business credit institution • New York

AMENDMENT NO. 5 dated as of June 30, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of November 4, 2003, Amendment No. 2 dated as of August 3, 2004, Amendment No. 3 dated as of October 14, 2005 and Amendment No. 4 dated as of December 15, 2005 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELROSE CAPITAL FUND LLC, a Delaware limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).

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