0001564590-21-052991 Sample Contracts

SECOND AMENDMENT TO Master repurchase agreement AND FIRST AMENDMENT TO FEE LETTER
Master Repurchase Agreement • October 29th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO MASTER REPURCHASE AGREEMENT AND FIRST AMENDMENT TO FEE LETTER, dated October 29, 2021 (this “Amendment”), is entered into by and between BARCLAYS BANK PLC, a public limited company organized under the laws of England and Wales (including any successor thereto, “Purchaser”), and RCC REAL ESTATE SPE 7, LLC, a limited liability company organized under the laws of the State of Delaware (“Seller”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Repurchase Agreement (as defined below), and if not defined therein, in the Fee Letter (as defined below).

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AMENDMENT NO. 3 TO MASTER REPURCHASE AGREEMENT AND GUARANTEE AGREEMENT
Master Repurchase Agreement • October 29th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York

AMENDMENT NO. 3 TO MASTER REPURCHASE AGREEMENT AND GUARANTEE AGREEMENT, dated as of October 26, 2021 (this “Amendment”), between RCC REAL ESTATE SPE 8, LLC (“Seller”), a Delaware limited liability company, ACRES COMMERCIAL REALTY CORP, f/k/a Exantas Capital Corp., a Maryland corporation (“Guarantor”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association (the “Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

THIRD AMENDMENT TO GUARANTY
Guaranty • October 29th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York

THIRD AMENDMENT TO GUARANTY, dated as of October 29, 2021 (this “Amendment”), made by ACRES COMMERCIAL REALTY CORP. (f/k/a Exantas Capital Corp. f/k/a Resource Capital Corp.), a corporation organized under the laws of the State of Maryland (“Guarantor”), for the benefit of BARCLAYS BANK PLC, a public limited company organized under the laws of England and Wales (including any successor thereto, “Purchaser”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Guaranty (as defined below).

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