Original Repurchase Agreement definition
Examples of Original Repurchase Agreement in a sentence
From and after the date hereof, the Original Repurchase Agreement is hereby amended, restated and superseded in its entirety by this Agreement.
The parties hereto acknowledge and agree that the liens and security interests granted under the Original Repurchase Agreement are, in each case, continuing in full force and effect and, upon the amendment and restatement of the Original Repurchase Agreement, such liens and security interests secure and continue to secure the payment of the Repurchase Obligations.
This Agreement is given in substitution for the Original Repurchase Agreement, and not as payment of the obligations of the Seller thereunder, and is in no way intended to constitute a novation of the Original Repurchase Agreement.
Pursuant to that certain Amended and Restated Master Repurchase and Securities Contract, dated as of the date hereof (as amended, restated, supplement or otherwise modified from time to time, the “Repurchase Agreement”), among Original Seller, New Seller and Buyer, Original Seller and Buyer have agreed to amend and restate the Original Repurchase Agreement so as to join New Seller as an additional Seller thereunder, jointly and severally with Original Seller.
The Commitment Fee payable on the Restatement Effective Date shall be reduced by the amount of any Commitment Fee (as defined in the Original Repurchase Agreement) paid by Seller under the Original Repurchase Agreement attributable to the period beginning on the Restatement Effective Date and ending on October 29, 2008, such payment to be made in Dollars, in immediately available funds, without deduction, set off or counterclaim, to Buyer on the Restatement Effective Date.
Buyer and Seller desire to further amend and restate the Original Repurchase Agreement in its entirety and contemporaneously therewith enter into the Program Documents (as such term is defined in this Agreement).
Each Transaction Document is hereby amended such that each reference to the “Repurchase Agreement” shall mean the Original Repurchase Agreement as amended by this Amendment and as the same may be further amended, replaced, restated, supplemented or otherwise modified from time to time.
In connection with the execution and delivery by the parties thereto of the Original Repurchase Agreement, ACRC Holdings LLC, a Delaware limited liability company, (“Original Guarantor”) executed and delivered to Buyer a Guarantee Agreement dated as of December 14, 2011 (the “Original Guarantee”).
The rights and obligations of the parties evidenced by the Original Repurchase Agreement shall be evidenced by this Agreement and shall continue to be in full force and effect as set forth in this Agreement.
Notwithstanding the assignment of the Original Repurchase Agreement and each of the Program Documents (as defined therein) and GCFP’s rights thereunder to RBS, Seller acknowledges and agrees that GCFP shall continue to receive, and, from and after the date hereof, RBS shall receive, the benefit of and each shall be entitled to enforce any indemnification obligation of Seller to GCFP or RBS, as applicable.