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- Mortgage Agreement
- Promissory Notice
- Promissory Note having Payments
- Promissory Note Owed into a particular Day
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Which Second Revised And RESTATED Real estate loan WAREHOUSING Contract (the latest “Agreement”) produced and you may dated by this new tenth day of Es Investment Organization, a california firm (the brand new “Company”); AAMES Financial Corporation, a good Delaware enterprise plus the best stockholder of your Team (new “Parent”); lenders sometimes team hereto, together with their respective successors and you may assigns (for each and every an excellent “Bank and, with each other, the new “Lenders”); and you may NATIONSBANK Regarding Tx, Letter.
A beneficial. Pursuant compared to that specific Revised and you can Restated Mortgage loan Warehousing Arrangement dated as of ong the organization, brand new Administrative Representative, and Loan providers party thereto (as revised so far, the new “Present Borrowing from the bank Contract”), like Loan providers prolonged borrowing towards Organization to your words and you will subject to new conditions set forth therein.
B. The firm, the Management Broker therefore the Loan providers people toward Current Credit Contract need to amend the current Borrowing Arrangement in addition to data files, devices and you can arrangements appropriate thereto in a number of respects and, getting capability of source, so you’re able to restate the current Credit Contract within its totality here.
Now, Ergo, inside idea of one’s a lot more than Recitals and for most other an effective and you will valuable consideration, the fresh new receipt and adequacy of which try hereby approved, this new functions hereto hereby consent as follows:
1(a) Tranche A credit Restrict. Towards the conditions and you can susceptible to the latest criteria established herein, the lenders severally agree that they will from time to time to help you and you can including the Maturity Time (as such identity and you may capitalized terminology maybe not or even outlined here is defined in the Part 17 less than) make finance (the “Tranche A committed Funds” or a “Tranche A committed Financing”), pro-rata in accordance with its respective Percentage Shares, to the Company inside wide variety not to ever go beyond, in the aggregate at any one-time an excellent, the cheaper off:
(i) The aggregate dollar amount of Tranche B Finance and you will Tranche C Loans a good (in addition to all Tranche B Fund and you will Tranche C Money become financed to your proposed go out of money of requested Tranche A loyal Loans however, excluding Tranche C Fund in fact it is paid off that have continues of expected Tranche A committed Loans);
step one 2 (ii) The latest aggregate dollar quantity of Tranche A bid Finance a great (excluding Tranche A quote Loans which can be repaid on the continues of your questioned Tranche A loyal Financing); and
(2) The new Collateral Value of the newest Factory Borrowing Feet in addition to any Extra Bucks Security kept from the Management Representative, with no sum of:
(i) New aggregate money quantity of the Tranche C Financing a great (excluding Tranche C Loans which is paid which have continues of the newest requested Tranche A loyal Loans);
(ii) The latest aggregate buck level of all of the Quote Loans a good (leaving out installment loans New York Quote Funds and is repaid into continues from new expected Tranche A committed Loans); and
2(a) Page regarding Borrowing. For the terms and at the mercy of the new requirements set forth when you look at the current Credit Contract, NationsBank has granted its letter out-of credit (since the revised, stretched and you will changed from time to time, in addition to, in the place of limit, pursuant to that Arrangement, the brand new “Page regarding Borrowing”) toward account of one’s Company and only Pacific Thrift and you will Lender, a california firm, on number of $2,five-hundred,. Productive as of new Effective Day and you will susceptible to brand new criteria established here, NationsBank will amend the latest Page regarding Borrowing to increase the said termination go out to a night out together zero later as compared to on a regular basis booked Maturity Day hereunder; offered, but not, that L/C Offered Level of the new Letter regarding Borrowing from the bank because the so amended and offered should perhaps not surpass the least regarding: