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Amendment No. 8 to Learn Repurchase Arrangement, dated as of endment?), by and between Bank of America, N.A. (?Client?) and Caliber Home Loans, Inc. (?Supplier?).
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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 ?Existing Learn Repurchase Arrangement?; and as further amended by this Amendment, the ?Master Repurchase Agreement?).
Customer and you can Vendor keeps concurred, susceptible to the newest conditions and terms from the Modification, that the Established Grasp Repurchase Agreement become revised in order to mirror particular agreed upon changes toward regards to the existing Master Repurchase Agreement.
Correctly, Visitors and Vendor hereby consent, during the believe of one’s mutual guarantees and you will mutual personal debt established here, the Existing Master Repurchase Arrangement try hereby amended as follows:
SECTION 1. Acknowledged 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:
Factory Lenders
(b) . So that a facility financial that give investment according of an effective Correspondent Mortgage is appointed an approved Payee with regards to one Price, Provider shall submit to Customer a composed request, like the title and you will address of your own facility financial, demonstrating an importance of like designation. In spite of the foregoing, Visitors reserves the ability to refuse to designate instance factory financial due to the fact an approved Payee, otherwise, alternatively, to need extra conditions and terms so as that Consumer so you can pay a cost so you can such as for example factory financial.
4.14 Alternative Speed. 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 ?Booked Unavailability Date?), 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 Replacement Rate Conforming Changes, as determined by Buyer and consistent with 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 7.step 3) or (ii) warehouse lenders that provide financing in respect of a Correspondent Mortgage Loan that are Approved Payees.