OMNIBUS AMENDMENT TO CREDIT AGREEMENT AND CUSTODIAL AND PAYMENT APPLICATION AGREEMENTCredit Agreement • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
OMNIBUS AMENDMENT TO CREDIT AGREEMENT AND CUSTODIAL AND PAYMENT APPLICATION AGREEMENT, dated as of May 15, 2009 (this “Amendment”), to (a) that certain Credit Agreement, dated as of March 17, 2006 (as amended, restated, supplemented or otherwise modified and in effect prior to the date hereof, the “Existing Credit Agreement,” and 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, a company organized under the laws of Ireland (“AHR Capital”), as a borrower (a “Borrower”), Anthracite Capital, Inc., a company organized under the laws of Maryland (“Anthracite”), as the borrower agent (in such capacity, the “Borrower Agent”), the borrowers from time to time parties thereto (each, a “Borrower,” and together with AHR Capital, collectively, the “Borrowers”) and Bank of America, N.A. (“BANA”), as lender (in such capacity, the “Lender”), and (b) that certain Custod
AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT TO MASTER REPURCHASE AGREEMENT, dated as of May 15, 2009 (this “Amendment”), to that certain Master Repurchase Agreement, dated as of July 20, 2007 (together with Annex I thereto (the (“Existing Annex”), as both are amended, restated, supplemented or otherwise modified and in effect prior to the date hereof, the “Existing Repurchase Agreement,” and 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, a limited liability company organized under the laws of Delaware (“Seller”), as seller, Bank of America, N.A. (“BANA”), as a buyer (in such capacity, a “Buyer”), Banc of America Mortgage Capital Corporation (“BAMCC”), as a buyer (in such capacity, a “Buyer” and together with BANA, the “Buyers”) and BANA, as buyer agent (in such capacity, the “Buyer Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings
AMENDMENT NO. 3 TO GUARANTYGuaranty • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT NO. 3 TO GUARANTY, dated as of May 15, 2009 (this “Amendment”), by and between ANTHRACITE CAPITAL, INC., a Maryland corporation whose address is 40 East 52nd Street, New York, New York 10022 (collectively, “Guarantor”) and DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, a branch of a foreign banking institution whose address is 60 Wall Street, New York, New York 10005 (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as hereinafter defined).
SECOND AMENDED AND RESTATED GUARANTYGuaranty • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED GUARANTY, dated as of May 15, 2009 (as amended, restated, supplemented or otherwise modified from time to time, this “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 214 North Tryon Street, Hearst Tower, 20th Floor, Mail Code: NC1-027-20-03, 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”).
SECOND AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITYParent Guaranty and Indemnity • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY (this “Guaranty”) is made as of May 15, 2009, by ANTHRACITE CAPITAL, INC., a Maryland corporation (“Guarantor”) in favor of MORGAN STANLEY MORTGAGE SERVICING LIMITED (“Security Trustee”), as security trustee under the Loan Agreement (hereinafter defined), and MORGAN STANLEY PRINCIPAL FUNDING, INC., a Delaware corporation (“Agent”; Agent and Security Trustee being sometimes referred to each as a “Finance Party” and collectively the “Finance Parties”), as agent and lender under the Loan Agreement.
AHR CAPITAL MS LIMITED MORGAN STANLEY MORTGAGE SERVICING LIMITED MORGAN STANLEY BANK, N.A. MORGAN STANLEY PRINCIPAL FUNDING, INC. AMENDMENT AND RESTATEMENT DEED IN RELATION TO THE THIRD AMENDED AND RESTATED MULTICURRENCY REVOLVING FACILITY AGREEMENT...Multicurrency Revolving Facility Agreement • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts
SECOND AMENDED AND RESTATED PARENT GUARANTYParent Guaranty • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED PARENT GUARANTY, dated as of May 15, 2009 (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 the Lender (as defined below).
AMENDMENT NO. 4 TO MASTER REPURCHASE AGREEMENT AND ANNEX I TO MASTER REPURCHASE AGREEMENT SUPPLEMENTAL TERMS AND CONDITIONSMaster Repurchase Agreement • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
AMENDMENT NO. 4 TO MASTER REPURCHASE AGREEMENT AND ANNEX I TO MASTER REPURCHASE AGREEMENT SUPPLEMENTAL TERMS AND CONDITIONS, dated as of May 15, 2009 (this “Amendment”), by and among ANTHRACITE FUNDING, LLC (“Delaware Seller”), AHR CAPITAL DB LIMITED, an Irish private limited company (“Irish Seller”, and together with Delaware Seller, individually or collectively as the context may require, “Seller”), ANTHRACITE CAPITAL, INC., a Maryland corporation (“Sponsor”) and DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, a branch of a German banking institution (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as hereinafter defined).
