AMENDMENT NO. 3 TO LOAN AND SERVICING AGREEMENT (this “Amendment”), dated as of May 28, 2024, among Twin Brook Capital Funding XXXIII MSPV, LLC, a Delaware limited liability company, as borrower (the “Borrower”), AGTB Fund Manager, LLC, a Delaware...Loan and Servicing Agreement • June 3rd, 2024 • AG Twin Brook Capital Income Fund • New York
WHEREAS, the Borrower, the Servicer, the Administrative Agent, the Lenders, the Collateral Agent, the Account Bank and the Collateral Custodian are party to that certain Loan and Servicing Agreement, dated as of June 17, 2022 (as the same may be amended, modified or supplemented prior to the Amendment Effective Date in accordance with the terms thereof, the “Loan and Servicing Agreement”), by and among the Borrower, Twin Brook Capital Funding XXXIII, LLC, a Delaware limited liability company, as the transferor, the Servicer, each of the lenders from time to time party thereto (the “Lenders”), the Administrative Agent, the Collateral Agent, the Account Bank and the Collateral Custodian, providing, among other things, for the making and the administration of the Advances by the Lenders to the Borrower; and
