EMPLOYMENT AGREEMENTEmployment Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of , 2005 (the “Effective Date”) by and between ECC Capital Corporation (the “Company” or “Encore”) and Shahid S. Asghar (“Executive”).
MASTER REPURCHASE AGREEMENT By and Among: WACHOVIA BANK, NATIONAL ASSOCIATION, as Buyer, ECC CAPITAL CORPORATION, as Seller and ENCORE CREDIT CORP., as Seller Dated as of December 1, 2004Master Repurchase Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
MORTGAGE LOAN PURCHASE AGREEMENTMortgage Loan Purchase Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • California
This Mortgage Loan Purchase Agreement is dated and effective as of June 20, 2003 (the “Agreement”), between Encore Credit Corp., having an address at 101 Innovation Drive, Suite 200, Irvine, California 92612 (the “Seller”), and Countrywide Home Loans, Inc., having an address at 4500 Park Granada, Calabasas, California 91302 (the “Purchaser”).
AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENTLoan Purchase Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
The LOAN PURCHASE AGREEMENT, dated as of August 1, 2002, between ENCORE SPV I, a Delaware statutory trust, and ENCORE CREDIT CORP., a California corporation, is hereby being amended (as amended, the “Agreement”) by this Amendment No. 1, dated as of July 30, 2004, (the “Amendment”) as follows:
AMENDMENT NO. 9 TO COMMITMENT LETTERCommitment Letter • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 9 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of December 30, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
WAIVER AND AMENDMENTWaiver and Amendment • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
WAIVER AND AMENDMENT, dated as of January 20, 2005 (“Waiver and Amendment”), to the Master Repurchase Agreement, dated as of June 30, 2004, as amended by Amendment No. 1, dated as of November 10, 2004, and Amendment No. 2, dated as of January 13, 2005 (collectively, the “Repurchase Agreement”), each between IXIS REAL ESTATE CAPITAL INC. (“Buyer”) and ENCORE CREDIT CORP. (“Seller”).
AMENDMENT NO. 2 TO COMMITMENT LETTERCommitment Letter • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 2 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of July 25, 2003 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of May 13, 2002 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 2ECC Capital CORP • February 9th, 2005 • Real estate investment trusts • New York
AMENDMENT NO. 2, dated as of January 13, 2005 (“Amendment”), to the Master Repurchase Agreement, dated as of June 30, 2004 (the “Repurchase Agreement”), as amended by Amendment No. 1, dated as of November 10, 2004, each between IXIS REAL ESTATE CAPITAL INC. (“Buyer”) and ENCORE CREDIT CORP. (“Seller”).
AMENDMENT NO. 7 TO COMMITMENT LETTERECC Capital CORP • February 9th, 2005 • Real estate investment trusts
This AMENDMENT NO. 7 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of December 7, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
LOAN PURCHASE AGREEMENTLoan Purchase Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
THIS LOAN PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Loan Purchase Agreement”), dated as of August 1, 2002, is made between Encore Credit Corp., a California corporation (the “Seller”), and Encore SPV I, a Delaware business trust (the “Purchaser”).
AGREEMENT OF MERGERAgreement of Merger • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts
This AGREEMENT OF MERGER is dated as of August 9, 2004 (the “Agreement”), by and among Encore Credit Corp., a California corporation (the “Encore”), ECC Merger Sub, a California corporation (“Merger Sub”) and ECC Capital Corp., a Maryland corporation (“ECC”).
AMENDMENT NUMBER ONE to the MASTER REPURCHASE AGREEMENT dated as of December 1, 2004 among ECC CAPITAL CORPORATION, ENCORE CREDIT CORP. and WACHOVIA BANK, NATIONAL ASSOCIATIONMaster Repurchase Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
This AMENDMENT NUMBER ONE (“Amendment Number One”), is made this 5th day of January, 2005, among ECC Capital Corporation (“ECC”), Encore Credit Corp. (“Encore” and together with ECC, the “Sellers”) and Wachovia Bank, National Association (the “Buyer”), to the Master Repurchase Agreement, dated as of December 1, 2004, among the Buyer and the Sellers (the “Master Repurchase Agreement”).
OMNIBUS AMENDMENT NO. 1Committed Note Purchase and Security Agreement • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts • New York
This Omnibus Amendment No. 1 (the “Amendment”), dated as of January 18, 2005, among ENCORE SPV I, a Delaware statutory trust, ENCORE CREDIT CORP., a California corporation, BRAVO CREDIT CORPORATION, a California corporation, ECC CAPITAL CORPORATION, a Maryland corporation, DEUTSCHE BANK NATIONAL TRUST COMPANY, as custodian and disbursement agent, and solely with respect to the Custodial Agreement and UBS REAL ESTATE SECURITIES INC., a Delaware corporation, amends the following agreements (the “Amended Agreements”):
AMENDMENT NO. 8 TO COMMITMENT LETTERCommitment Letter • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 8 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of December 20, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 4 TO COMMITMENT LETTERECC Capital CORP • February 9th, 2005 • Real estate investment trusts
This AMENDMENT #4 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of August 20, 2003 by and between Countrywide Warehouse Lending (“Lender”) and Encore Credit Corp. (“Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of May 13, 2002 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 6 TO COMMITMENT LETTERCommitment Letter • February 9th, 2005 • ECC Capital CORP • Real estate investment trusts
This AMENDMENT NO. 6 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of November 5, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
AMENDMENT NO. 5 TO COMMITMENT LETTERECC Capital CORP • February 9th, 2005 • Real estate investment trusts
This AMENDMENT NO. 5 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of November 5, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).
