WAIVER AND AGREEMENTWaiver and Agreement • December 28th, 2007 • Anthracite Capital Inc • Real estate investment trusts • New York
WAIVER AND AGREEMENT, dated as of December 28, 2007 (this “Waiver and Agreement”), regarding (a) the Guaranty (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Guaranty”; as amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Guaranty”), dated as of March 17, 2006, 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) and (b) the Credit Agreement, dated as of March 17, 2006 (as amended, restated, supplemented or otherwise modified prior to the date hereof, 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”) among AHR CAPITAL BOFA LIMITED, a limited company organized under the laws of Ireland, as a borrower, Anth
