0001564590-22-038041 Sample Contracts

AMENDMENT NO. 4 TO GUARANTEE AGREEMENT
Guarantee Agreement • November 18th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York

AMENDMENT NO. 4 TO GUARANTEE AGREEMENT, dated as of November 17, 2022 (this “Amendment”), between ACRES COMMERCIAL REALTY CORP, f/k/a Exantas Capital Corp., a Maryland corporation (“Guarantor”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

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AMENDMENT NO. 1 TO GUARANTY
Guaranty • November 18th, 2022 • ACRES Commercial Realty Corp. • Real estate investment trusts • New York

AMENDMENT NO. 1 TO GUARANTY, dated as of November 18, 2022 (this “Amendment”), between ACRES COMMERCIAL REALTY CORP, a Maryland corporation (“Guarantor”), and 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”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

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