WAIVER, CONSENT AND AMENDMENT NO. 5 TO LOAN AGREEMENTLoan Agreement • February 1st, 2007 • Sunterra Corp • Real estate dealers (for their own account) • New York
WAIVER, CONSENT AND AMENDMENT NO. 5, dated as of January 26, 2007 (this “Amendment”), to that certain Loan Agreement, dated as of July 29, 2002, as amended by Amendment No. 1 (“Amendment No. 1”), dated as of December 20, 2002, Amendment No. 2 (“Amendment No. 2”), dated as of February 13, 2004, Amendment No. 3 (“Amendment No. 3”), dated as of July 7, 2004 and Amendment No. 4 (“Amendment No. 4”), dated as of July 28, 2005 (as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4, the “Existing Loan Agreement”), among Sunterra Corporation, a Maryland corporation (“Parent”), Borrowers (as defined therein), the Lenders (as defined therein), and Merrill Lynch Mortgage Capital Inc., as administrative agent and collateral agent for the Lenders (in such capacity, “Agent”).
