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Amendment No. 8 to Learn Repurchase Agreement, dated as of endment?), by and between Bank of America, N.A. (?Buyer?) and Caliber Home Loans, Inc. (?Merchant?).
Buyer and Seller are parties to that certain Master Repurchase Agreement, dated as of ended, restated, supplemented or otherwise modified from time to time, the ?Established Grasp Repurchase Contract?; and as further amended by this Amendment, the ?Master Repurchase Agreement?).
Client and you can Seller have agreed, subject to the brand new small print regarding the Amendment, that Current Grasp Repurchase Arrangement feel revised to help you mirror specific decided revisions for the terms of the existing Master Repurchase Arrangement.
Accordingly, Buyer and you can Provider hereby consent, inside the believe of the common guarantees and you may common loans set forth herein, your Existing Master Repurchase Agreement was hereby amended the following:
SECTION 1. Approved Payees. Section 3.7 of the Existing Master Repurchase Agreement is hereby amended by deleting subsection (b) in its entirety and replacing it with the following:
(b) . To ensure that a facility lender giving financing according off an excellent Correspondent Mortgage to-be designated a prescription Payee with regards to any Price, Supplier should submit to Buyer a written request, for instance the identity and you can address of warehouse lender, proving an importance of particularly designation. Notwithstanding this, Buyer reserves the legal right to will not employ such factory bank as the a prescription Payee, otherwise, rather, to require extra terms and conditions in order for Client to help you spend a purchase price in order to for example warehouse financial.
4.14 Alternative Rate. If prior to any Payment Date, Buyer determines in its sole discretion that, by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining One-Month LIBOR, One-Month LIBOR is no longer in existence, or the administrator of One-Month LIBOR or a Governmental Authority having jurisdiction over Buyer has made a public statement identifying a specific date after which One-Month LIBOR shall no longer be made available or used for determining the interest rate of loans (such specific date, the ?Planned Unavailability Day?), Buyer shall give prompt notice thereof to Seller. In addition, upon such time as Buyer chooses in good faith an alternative benchmark rate (including any mathematical or other adjustments to the benchmark rate (if any) incorporated therein and any proposed Successor Rate Conforming Changes, as determined by Buyer and consistent with Arkansas loans the benchmark rate of similarly situated counterparties with similar assets in similar facilities) (such rate, a ?Successor Rate?) to succeed One-Month LIBOR, Buyer shall give prompt notice thereof to Seller, and the Applicable Pricing Rate shall be such Successor Rate from the date specified in such notice until such notice has been withdrawn by Buyer.
(g) . The only credit facilities, including repurchase agreements for mortgage loans and mortgage-backed securities, of Seller that are presently in effect and are secured by mortgage loans or provide for the purchase, repurchase or early funding of mortgage loan sales, are either (i) with Persons disclosed to Buyer at the time of application, or thereafter disclosed on the monthly compliance certificate, and, if required by Buyer, such Persons have executed and delivered an Intercreditor Agreement (or will execute and deliver an Intercreditor Agreement within sixty (60) days following the Effective Date in accordance with Section seven.step three) or (ii) warehouse lenders that provide financing in respect of a Correspondent Mortgage Loan that are Approved Payees.