U.S. $400,000,000 SALE AND SERVICING AGREEMENT by and among CAPITALSOURCE FUNDING III LLC, as the Seller CAPITALSOURCE FINANCE LLC, as the Originator and as the Servicer VARIABLE FUNDING CAPITAL CORPORATION and EACH OTHER COMMERCIAL PAPER CONDUIT FROM...Sale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors • New York
THIS SALE AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented, restated or replaced from time to time, the “Agreement”) is made as of this April 20, 2004, by and among:
SALE AND SERVICING AGREEMENT by and among CAPITALSOURCE COMMERCIAL LOAN TRUST 2004-1, as the Issuer, CAPITALSOURCE COMMERCIAL LOAN LLC, 2004-1, as the Trust Depositor, CAPITALSOURCE FINANCE LLC, as the Originator and as the Servicer, and WELLS FARGO...Sale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors • New York
WHEREAS, in the regular course of its business, the Originator originates and/or otherwise acquires Loans (as defined herein);
INDENTURE by and between CAPITALSOURCE COMMERCIAL LOAN TRUST 2004-1, as the Issuer, and WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the Indenture Trustee Dated as of June 22, 2004Indenture • August 13th, 2004 • Capitalsource Inc • Finance lessors • New York
THIS INDENTURE, dated as of June 22, 2004 (as amended, modified, restated, supplemented or waived from time to time, the “Indenture”), is by and between CAPITALSOURCE COMMERCIAL LOAN TRUST 2004-1, a Delaware statutory trust, as the issuer (together with its successors and assigns in such capacity, the “Issuer”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, not in its individual capacity but solely in its capacity as the indenture trustee (together with its successors and assigns, in such capacity, the “Indenture Trustee”).
THIRD AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This Third Amendment (this “Amendment”) to the Note Purchase Agreement referenced below is entered into as of May 21, 2004, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Citigroup Global Markets Realty Corp (the “Purchaser”).
FIRST AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This First Amendment (this “Amendment”) to the Note Purchase Agreement referenced below is entered into as of April 8, 2004, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Citigroup Global Markets Realty Corp (the “Purchaser”).
SECOND AMENDMENT TO SALE AND SERVICING AGREEMENTSale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This Second Amendment (this “Amendment”) to the Sale and Servicing Agreement referenced below is entered into as of April 15, 2004, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Wells Fargo Bank, National Association, successor-by-merger to Wells Fargo Bank Minnesota, National Association, a national banking association, as Indenture Trustee on behalf of the Noteholders (in such capacity, the “Indenture Trustee”), as Paying Agent (the “Paying Agent”), as Collateral Custodian (the “Collateral Custodian”) and as Backup Servicer (the “Backup Servicer”).
FIRST AMENDMENT TO SALE AND SERVICING AGREEMENTSale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This First Amendment (this “Amendment”) to the Sale and Servicing Agreement referenced below is entered into as of April 8, 2004, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Wells Fargo Bank, National Association, successor-by-merger to Wells Fargo Bank Minnesota, National Association, a national banking association, as Indenture Trustee on behalf of the Noteholders (in such capacity, the “Indenture Trustee”), as Paying Agent (the “Paying Agent”), as Collateral Custodian (the “Collateral Custodian”) and as Backup Servicer (the “Backup Servicer”).
U.S. $700,000,000 FOURTH AMENDED AND RESTATED LOAN CERTIFICATE AND SERVICING AGREEMENT by and among CAPITALSOURCE FUNDING LLC, as the Seller CAPITALSOURCE FINANCE LLC, as the Originator and as the Servicer EACH OF THE PURCHASERS AND PURCHASER AGENTS...Loan Certificate and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors • New York
THIS FOURTH AMENDED AND RESTATED LOAN CERTIFICATE AND SERVICING AGREEMENT (such agreement as amended, modified, waived, supplemented, replaced or restated from time to time, the “Agreement”) is made as of this May 28, 2004, by and among:
THIRD AMENDMENT TO SALE AND SERVICING AGREEMENTSale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This Third Amendment, dated as of June 29, 2004 (this “Amendment”) to the Sale and Servicing Agreement, dated as of September 17, 2003, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Wells Fargo Bank, National Association, successor-by-merger to Wells Fargo Bank Minnesota, National Association, a national banking association, as Indenture Trustee on behalf of the Noteholders (in such capacity, the “Indenture Trustee”), as Paying Agent (the “Paying Agent”), as Collateral Custodian (the “Collateral Custodian”) and as Backup Servicer (the “Backup Servicer”).
AMENDMENT NO. 5 TO LOAN CERTIFICATE AND SERVICING AGREEMENTLoan Certificate and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
THIS AMENDMENT NO. 5 TO LOAN CERTIFICATE AND SERVICING AGREEMENT, dated as of April 8, 2004 (this “Amendment”), is entered into by and among
AMENDMENT NO. 1 TO SALE AND SERVICING AGREEMENTSale and Servicing Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors • New York
FOURTH AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • August 13th, 2004 • Capitalsource Inc • Finance lessors
This Fourth Amendment (this “Amendment”) to the Note Purchase Agreement referenced below is entered into as of June 29, 2004, among CapitalSource Funding II Trust, a Delaware statutory trust (the “Issuer”), CS Funding II Depositor LLC, a Delaware limited liability company, as Depositor (in such capacity, the “Depositor”), CapitalSource Finance LLC, a Delaware limited liability company (“CapitalSource”), as Loan Originator (in such capacity, the “Loan Originator”) and as Servicer (in such capacity, the “Servicer”) and Citigroup Global Markets Realty Corp (the “Purchaser”).
