EXHIBIT 10.30
(HSBC LOGO)
September 11, 2002
The New York Mortgage Company LLC
Attention: Xxxxxx Xxxxxxx, President
000 Xxxx Xxxxxx Xxxxx
Xxx Xxxx, XX 00000
Re: Credit and Security Agreement between HSBC Bank USA ("HSBC") and
The New York Mortgage Company LLC ("Company") dated as of March 30,
2001, as amended ("Credit Agreement")
Dear Xx. Xxxxxxx:
The Company's Credit Note to HSBC dated as of March 30, 2001, as amended,
in the maximum principal amount of $40,000,000.00 ("Note"), matures September
15, 2002.
This confirms HSBC's agreement to extend the scheduled maturity date of
the Note and term of the Credit Agreement to October 31, 2002.
All amounts advanced after September 15, 2002 and all principal amounts
previously advanced and outstanding as of September 15, 2002 and all other
amounts which may be due HSBC as of September 15, 2002 shall be (i) evidenced by
the Note and governed by the Credit Agreement as extended hereby, and (ii)
secured by all Collateral (as defined in the Credit Agreement).
The Company agrees that it has no defenses, offsets or counterclaims in
connection with obligations under the Note and Credit Agreement. To the extent
not modified hereby, the Note and Credit Agreement remain in full force and
effect.
HSBC Bank USA
Mortgage Warehouse Lending, 000 Xxxxxxxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxx Xxxxxx,
XX 00000
Fax: (000) 000-0000
The New York Mortgage Company LLC
September 11, 2002
Page 2
By this agreement HSBC does not waive (i) any existing events of default
under the Note or Credit Agreement, or (ii) any rights or remedies resulting
from any such events of default.
Please indicate the Company's agreement to the foregoing by signing and
returning a copy of this letter.
Very truly yours,
HSBC Bank USA
By: /s/ Xxxxx X. Xxxxx
--------------------------------
Xxxxx X. Xxxxx
Vice President
AGREED:
THE NEW YORK MORTGAGE COMPANY LLC
By: /s/ Xxxxxx Xxxxxxx
---------------------------------
Xxxxxx Xxxxxxx, Member
RATIFICATION OF GUARANTY
The Guarantor agrees and represents that the Guaranty remains in full force and
effect subject to no offset, claim, counterclaim or defense. The undersigned
agrees and acknowledges that all references to the Credit Agreement in the
Guaranty, means the Credit Agreement, as amended by the Amendment Agreement, as
the same may be hereafter amended from time to time.
/s/ Xxxxxx Xxxxxxx
------------------------------------
Xxxxxx Xxxxxxx
RATIFICATION OF GUARANTY
The Guarantor agrees and represents that the Guaranty remains in full force and
effect subject to no offset, claim, counterclaim or defense. The undersigned
agrees and acknowledges that all references to the Credit Agreement in the
Guaranty, means the Credit Agreement, as amended by the Amendment Agreement, as
the same may be hereafter amended from time to time.
/s/ Xxxxxx X. Xxxxxx
-----------------------------------
Xxxxxx X. Xxxxxx
