0001628280-24-034916 Sample Contracts

AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED GUARANTEE AGREEMENT
Guarantee Agreement • August 6th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

This AMENDMENT NO. 2 TO SECOND AMENDED AND RESTATED GUARANTEE AGREEMENT, dated as of August 2, 2024 (this “Amendment”) by and among ACRC LENDER W LLC, a Delaware limited liability company (“ACRC Seller”), ACRC LENDER W TRS LLC, a Delaware limited liability company (“TRS Seller” and together with ACRC Seller, individually and collectively as the context may require, “Seller”), ARES COMMERCIAL REAL ESTATE CORPORATION (“Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Guarantee (as defined below).

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FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED SUBSTITUTE GUARANTY AGREEMENT
Substitute Guaranty Agreement • August 6th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED SUBSTITUTE GUARANTY AGREEMENT (this “Amendment”), dated as of August 2, 2024 is made and entered into by and among ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (“Guarantor”), CITIBANK, N.A., a national banking association (together with its successors and/or assigns, “Buyer”), and for the purpose of acknowledging and agreeing to the provision set forth in Section 5 hereof, ACRC LENDER C LLC, a Delaware limited liability company (“Seller”).

AMENDMENT NUMBER TEN TO CREDIT AGREEMENT AND AMENDMENT NUMBER FOUR TO GENERAL CONTINUING GUARANTY
Credit Agreement • August 6th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS AMENDMENT NUMBER TEN TO CREDIT AGREEMENT AND AMENDMENT NUMBER FOUR TO GENERAL CONTINUING GUARANTY (this “Amendment”), dated as of August 2, 2024, is entered into by and among, on the one hand, the several banks and other financial institutions and lenders from time to time party hereto (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and, collectively, as the “Lenders”), and CITY NATIONAL BANK, a national banking association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), and, on the other hand, ACRC LENDER LLC, a Delaware limited liability company (the “Borrower”) and ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation (the “Guarantor”), and in light of the following:

THIRD AMENDMENT TO PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • August 6th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

This THIRD AMENDMENT TO PARENT GUARANTY AND INDEMNITY (this “Amendment”), dated as of August 2, 2024, is entered into by and among MORGAN STANLEY BANK, N.A., a national banking association, as buyer (together with its successors and assigns, “Buyer”), ACRC LENDER MS LLC, a Delaware limited liability company, as seller (“Seller”), and ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation, as guarantor (“Guarantor”).

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