CREDIT AND GUARANTY AGREEMENT by and among ARES COMMERCIAL REAL ESTATE CORPORATION as Borrower, ACRC HOLDINGS LLC, ACRC MEZZ HOLDINGS LLC, ACRC CP INVESTOR LLC and ACRC WAREHOUSE HOLDINGS LLC as Guarantors, THE LENDERS PARTIES HERETO FROM TIME TO TIME...Credit and Guaranty Agreement • December 14th, 2015 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS CREDIT AND GUARANTY AGREEMENT, dated as of December 9, 2015, is entered into by and among, on the one hand, the lenders identified on the signature pages hereof, HIGHBRIDGE PRINCIPAL STRATEGIES, LLC (“Highbridge”), as the administrative agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, “Administrative Agent”), and DBD CREDIT FUNDING LLC (“Fortress”), as the collateral agent for the Lenders (in such capacity, together with its successors and permitted assigns in such capacity, “Collateral Agent” and, together with the Administrative Agent, the “Agents”), and, on the other hand, ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (“Borrower”), ACRC HOLDINGS LLC, a Delaware limited liability company (“ACRC Holdings”), ACRC MEZZ HOLDINGS LLC, a Delaware limited liability company (“ACRC Mezz”), ACRC CP INVESTOR LLC, a Delaware limited liability company (“ACRC CP Investor”) and ACRC WAREHOUSE HOLDINGS LLC, a Delawar
NEGATIVE PLEDGE AGREEMENTNegative Pledge Agreement • December 14th, 2015 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS NEGATIVE PLEDGE AGREEMENT (the “Agreement”) is entered into as December 9, 2015, by ACRC KA JV Investor LLC, a Delaware limited liability company (“ACRC KA JV Investor”), ACRC Lender LLC, a Delaware limited liability company (“ACRC Lender”) and ACRC Champions Investor LLC, a Delaware limited liability company (“ACRC Champions Investor”), ACRE Capital Holdings LLC, a Delaware limited liability company (“ACRE Capital Holdings” and, together with ACRC KA JV Investor, ACRC Lender and ACRC Champions Investor, the “Pledgor Subsidiaries”), and Ares Commercial Real Estate Corporation, a Maryland corporation (the “Borrower” and, together with the Pledgor Subsidiaries, the “Negative Pledgors”), in favor of DBD Credit Funding LLC, as collateral agent (the “Collateral Agent”) on behalf and for the benefit of the Lenders (as defined below).
PLEDGE AND SECURITY AGREEMENT among ARES COMMERCIAL REAL ESTATE CORPORATION, ACRC HOLDINGS LLC, ACRC WAREHOUSE HOLDINGS LLC, ACRC LENDER LLC, ACRC CP INVESTOR LLC, and ACRC MEZZ HOLDINGS LLC, as Grantors and DBD CREDIT FUNDING LLC, as Collateral Agent...Pledge and Security Agreement • December 14th, 2015 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
This PLEDGE AND SECURITY AGREEMENT, dated as of December 9, 2015, among each of the signatories hereto designated as a Grantor on the signature pages hereto (together with any other entity that may become a party hereto as a Grantor as provided herein, each a “Grantor” and collectively, the “Grantors”), and DBD Credit Funding LLC, as collateral agent (in such capacity and together with its successors and assigns in such capacity, the “Collateral Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to that certain Credit and Guaranty Agreement, dated as of December 9, 2015 (as amended, restated, supplemented or otherwise modified or replaced from time to time, the “Credit Agreement”), among Ares Commercial Real Estate Corporation, a Maryland corporation (the “Borrower”), ACRC Holdings LLC, a Delaware limited liability company (“ACRC Holdings”), ACRC Mezz Holdings LLC, a Delaware limited liability company (“ACRC Mezz”), ACRC CP
