MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, As Administrative Agent, THE FINANCIAL INSTITUTIONS PARTY HERETO as Buyers, and ACRES REAL ESTATE SPE 10, LLC as SellerBailee Agreement • November 9th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
This Master Repurchase and Securities Contract Agreement (this “Agreement”) is dated as of November 3, 2021, and is made by and among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), as administrative agent (in such capacity, together with its permitted successors and assigns, the “Administrative Agent”) for MORGAN STANLEY BANK, N.A. (“MSBNA”), a national banking association, and such other financial institutions from time to time party hereto as buyers (MSBNA, together with its successors and permitted assigns, and together with such other financial institutions from time to time party hereto and their respective successors and permitted assigns, collectively “Buyers” and individually, each a “Buyer”) and ACRES REAL ESTATE SPE 10, LLC, a Delaware limited liability company, as seller (“Seller”).
THIRD AMENDMENT TO LOAN AND SERVICING AGREEMENTLoan and Servicing Agreement • November 9th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
This Third Amendment to Loan and Servicing Agreement, dated as of August 16, 2021 (this “Amendment”), is among RCC Real Estate SPE Holdings LLC (“Holdings”), RCC Real Estate SPE 9 LLC (the “Borrower”), the Lenders party hereto, and Wells Fargo Bank, National Association, as Administrative Agent (in such capacity, the “Administrative Agent”).
GUARANTYGuaranty • November 9th, 2021 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York
THIS GUARANTY, dated as of November 3, 2021 (as amended, restated, supplemented, or otherwise modified from time to time, this “Guaranty”), made by ACRES COMMERCIAL REALTY CORP., a Maryland corporation (“Guarantor”), in favor of MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company, as administrative agent (in such capacity, together with its permitted successors and assigns, the “Administrative Agent”) for MORGAN STANLEY BANK, N.A., a national banking association (“MSBNA”), and such other financial institutions from time to time party to the Repurchase Agreement (as defined below) as buyers (MSBNA, together with its successors and assigns, and together with such other financial institutions from time to time party to the Repurchase Agreement and their respective successors and assigns, collectively “Buyers” and individually, each a “Buyer”).
