AMENDMENT NO. 2 TO GUARANTYGuaranty • November 7th, 2023 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
AMENDMENT NO. 2 TO GUARANTY, dated as of November 3, 2023 (this “Amendment”), between ACRES COMMERCIAL REALTY CORP, a Maryland corporation (“Guarantor”), and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company, as administrative agent (in such capacity, together with its permitted successors and assigns, the “Administrative Agent”) for MORGAN STANLEY BANK, N.A., a national banking association (“MSBNA”), and such other financial institutions from time to time party to the Repurchase Agreement (as defined below) as buyers (MSBNA, together with its successors and assigns, and together with such other financial institutions from time to time party to the Repurchase Agreement and their respective successors and assigns, collectively “Buyers” and individually, each a “Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).
