THIRD OMNIBUS AMENDMENT AND AGREEMENTThird Omnibus Amendment and Agreement • February 3rd, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York
THIRD OMNIBUS AMENDMENT AND AGREEMENT, dated as of January 28, 2009 (this “Agreement”), in respect of (a) that certain Master Repurchase Agreement, dated as of July 20, 2007 (together with Annex I thereto (“Annex I”), as both are amended, restated, supplemented or otherwise modified and in effect prior to the date hereof, the “Existing Repurchase Agreement”, and as both are amended hereby and as further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Repurchase Agreement”), by and among ANTHRACITE CAPITAL BOFA FUNDING LLC, as seller (the “Seller”), BANK OF AMERICA, N.A. (“BANA”) as a buyer, BANC OF AMERICA MORTGAGE CAPITAL CORPORATION (“BAMCC”; BANA and BAMCC, individually and/or collectively, as the context may require, each a “Buyer” and collectively, the “Buyers”) as a buyer, and BANA as agent for the Buyers (in such capacity, the “Buyer Agent”); (b) that certain Credit Agreement, dated as of March 17, 2006 (as amended, restated, supplemen
