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Amendment No. 8 to Grasp Repurchase Agreement, 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 Grasp Repurchase Contract?; and as further amended by this Amendment, the ?Master Repurchase Agreement?).
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Visitors and you can Vendor have assented, susceptible to the latest terms and conditions on the Amendment, your Existing Learn Repurchase Agreement be revised so you can echo particular agreed upon posts on terms of the existing Learn Repurchase Contract.
Properly, Visitors and Supplier hereby concur, into the planning of your own mutual guarantees and you may shared obligations set forth here, that Existing Learn Repurchase Arrangement is actually hereby revised as follows:
SECTION 1. Accepted 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:
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(b) . So as that a facility lender that provides financial support in respect away from a Correspondent Mortgage loan become designated an approved Payee in terms of any Cost, Merchant shall yield to Consumer a written demand, including the label and you will address of facility bank, demonstrating an importance of such as for example designation. Notwithstanding this, Visitors supplies the right to refuse to employ including warehouse bank because the an approved Payee, otherwise, alternatively, to require most small print so Buyer to help you pay a price so you can including facility bank.
4.14 Option 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 ?Scheduled Unavailability Time?), 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 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 eight.3) or (ii) warehouse lenders that provide financing in respect of a Correspondent Mortgage Loan that are Approved Payees.