Section 23A Clause Samples

Section 23A. Section 2.3(b) of the Credit Agreement is hereby amended by adding the following to the end of Section 2.3(b): "Notwithstanding the foregoing but subject to all other terms and conditions of this Agreement, if requested by the Borrower, the Agent, on behalf of the Lenders, may amend or replace Letter of Credit No. F848888 issued by the Agent on August 23, 2006, for the benefit of LB-UBS Commercial Mortgage Trust in the stated amount of $815,235.00 (the "LOC") for the purpose of extending the expiration date (now scheduled on February 23, 2012) for an additional period of up to one (1) year after the Termination Date, provided that on the Termination Date, the Borrower shall provide cash collateral for the LOC in the amount and manner provided in, and subject to the terms of Section 2.15 and, for the avoidance of doubt, all obligations of Borrower in respect of the LOC shall continue in full force and effect until the LOC has expired and all reimbursement or other obligations in regard thereto have been paid in full."

Section 23A. 9 Article 23A. 10 Article 23A.11

Section 23A. Section 2.3(a) is hereby amended by replacing “10.50%” with “Applicable Rate” therein.

Section 23A. Section 2.3(a) of the Credit Agreement is hereby amended by adding the following to the end of said Section 2.3(a): “Notwithstanding the foregoing or any other provision of this Section 2.3(a), if requested by the Borrowers, the Issuing Lender shall issue a Letter of Credit with an expiration date that is up to one (1) year after the Revolving Loan Maturity Date, provided that no later than thirty (30) days prior to the Revolving Loan Maturity Date, the Borrowers provide a cash deposit in the full amount available to be drawn under all Letters of Credit with expiration dates after the Revolving Loan Maturity Date. Any such additional cash collateral shall be held by the Administrative Agent, for the benefit of the Lenders, in the Letter of Credit Collateral Account as defined in, and in accordance with the terms of, Section 2.3(l).”

Section 23A. Section 2.3(a) is hereby amended and restated as follows: