AMENDMENT AND AGREEMENTAmendment and Agreement • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT AND AGREEMENT, dated as of August 7, 2008 (this “Amendment”), in respect of the Master Repurchase Agreement, dated as of July 20, 2007 (together with Annex I thereto, as both are amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Repurchase Agreement”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among ANTHRACITE CAPITAL BOFA FUNDING LLC, as seller (the “Seller”), BANK OF AMERICA, N.A. (“BANA”), BANC OF AMERICA MORTGAGE CAPITAL CORPORATION (“BAMCC”; BANA AND BAMCC, individually and/or collectively, as the context may require, each a “Buyer” and collectively, the “Buyers”), and BANK OF AMERICA N.A. as agent for the Buyers (in such capacity, the “Buyer Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement.
AMENDED AND RESTATED GUARANTYAmended and Restated Guaranty • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York
This AMENDED AND RESTATED GUARANTY is made and entered into by Anthracite Capital, Inc., a Maryland corporation whose address is c/o BlackRock Financial Management, Inc., 40 East 52nd Street, New York, New York 10022 (“Guarantor”), for the benefit of Bank of America, N.A., whose address is Mail Code NC1-027-19-01, Hearst Tower, 214 North Tryon Street, Charlotte, North Carolina 28555 (the “Buyer Agent”) for the benefit of Bank of America, N.A. (“BANA”) and Banc of America Mortgage Capital Corporation (“BAMCC”, individually and/or collectively, as the context may require, each a “Buyer” and collectively, the “Buyers”). This Guaranty is made with reference to the following facts (with some capitalized terms being defined below):
AMENDMENT, AGREEMENT AND WAIVERAmendment, Agreement and Waiver • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT, AGREEMENT AND WAIVER dated as of August 7, 2008 (this “Amendment”), in respect of the Credit Agreement, dated as of March 17, 2006 (as previously amended, restated, supplemented or otherwise modified and in effect from time to time, the “Existing Credit Agreement”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement), by and among AHR CAPITAL BOFA LIMITED (“AHR”) as a borrower, each of the borrowers from time to time party thereto (together with AHR, collectively, the “Borrowers”), ANTHRACITE CAPITAL, INC. (“Anthracite”, and together with the AHR and the other Borrowers, collectively, the “Anthracite CA Parties”) as borrower agent (in such capacity, the “Borrower Agent”) and BANK OF AMERICA, N.A. (“BANA”) as lender (in such capacity, the “Lender”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Credit Agreement.
AMENDED AND RESTATED PARENT GUARANTYParent Guaranty • August 11th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York
This AMENDED AND RESTATED PARENT GUARANTY, dated as of August 7, 2008 (as amended, restated, supplemented or otherwise modified from time to time, this “Guaranty”), is executed by ANTHRACITE CAPITAL INC. (“Anthracite”) as guarantor (the “Guarantor”), in favor of BANK OF AMERICA, N.A., as the lender (the “Lender”) under the Credit Agreement (as defined below).
