FOURTH AMENDMENT TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • May 9th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
This Fourth Amendment to Loan and Servicing Agreement, dated as of April 12, 2022 (this “Amendment”), is among RCC Real Estate SPE Holdings LLC (“Holdings”), RCC Real Estate SPE 9 LLC (the “Borrower”), the Lenders party hereto, and Wells Fargo Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”).
GUARANTYGuaranty • May 9th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
GUARANTY, dated as of May 25, 2021 (this “Guaranty”), by Exantas Phili Holdings, LLC, a Delaware limited liability company (the “Guarantor”), in favor of the Secured Parties under, and as defined in, the Loan and Servicing Agreement referred to below (together with the Guarantor, the “Parties” and each, a “Party”).
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • May 9th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts
This Second Amendment to Fourth Amended and Restated Management Agreement, dated May 6, 2022 (this “Amendment”), is made by and among ACRES Commercial Realty Corp., a Maryland corporation (the “Company”), ACRES Capital, LLC, a New York limited liability company (together with its permitted assignees, the “Manager”), and ACRES Capital Corp., a Delaware corporation (“ACRES Capital”).
GUARANTYGuaranty • May 9th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
GUARANTY, dated as of April 12, 2022 (this “Guaranty”), by APPLETON HOTEL HOLDINGS, LLC, a Delaware limited liability company (“Propco”), and APPLETON HOTEL LEASING, LLC, a Delaware limited liability company (“Opco” and together with Propco, each a Guarantor and collectively, the “Guarantors”), in favor of the Secured Parties under, and as defined in, the Loan and Servicing Agreement referred to below (together with the Guarantor, the “Parties” and each, a “Party”).
pledge and GUARANTY agreementPledge and Guaranty Agreement • May 9th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
PLEDGE AND GUARANTY AGREEMENT, dated as of August 16, 2021 (this “Agreement”), between Acres Real Estate TRS 9 LLC, a Delaware limited liability company (the “Guarantor”), and Wells Fargo Bank, National Association, as administrative agent (in such capacity, the “Administrative Agent”), in favor of the Secured Parties under, and as defined in, the Loan and Servicing Agreement referred to below (together with the Guarantor, the “Parties” and each, a “Party”).
