AMENDED AND RESTATED COMMITTED NOTE PURCHASE AND SECURITY AGREEMENTCommitted Note Purchase and Security • December 17th, 2004 • ECC Capital CORP • Real estate investment trusts • New York
AMENDED AND RESTATED COMMITTED NOTE PURCHASE AND SECURITY AGREEMENT, dated as of December 3, 2004, among ENCORE SPV I, a Delaware business trust (the “Note Issuer”), UBS REAL ESTATE SECURITIES INC. (“UBS”, f/k/a UBS WARBURG REAL ESTATE SECURITIES INC.), as purchaser of Notes issued hereunder from time to time (UBS, in that capacity, and each other entity that from time to time may be a Purchaser as provided herein, each a “Purchaser”), each Person that from time to time holds any of the Notes issued hereunder (each a “Noteholder”) and UBS REAL ESTATE SECURITIES INC., a Delaware corporation, as agent for the Purchasers and the Noteholders (in that capacity, the “Agent”), whereby the parties hereto agree to amend and restate in its entirety that certain Committed Note Purchase and Security Agreement, dated August 1, 2002, among the Note Issuer, the Agent, each Purchaser and Noteholder thereunder, as follows:
