Amendments to Guaranty. The Guaranty is hereby amended as follows:
Amendments to Guaranty. Effective as of the Agreement Effective Date, the Guaranty is hereby amended as follows:
Amendments to Guaranty. Subject to the satisfaction of the conditions set forth in Section 5 hereof, the Guaranty is amended in the following respects:
Amendments to Guaranty. The Guaranty is hereby amended and modified as follows:
Amendments to Guaranty. (a) Section 5.2(g)(c) of the Guaranty is hereby amended and restated in its entirety to read as follows:
Amendments to Guaranty. (a) The following definitions are hereby added to Section 1.1 of the Guaranty in alphabetical order:
Amendments to Guaranty. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by the Guarantor here from, shall in any event be effective unless the same shall be in writing and signed by the Guarantor (only with respect to amendments), the Borrower and the Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Amendments to Guaranty. (a) Section 1 of the Guaranty is hereby amended by amending and restating the following defined term in its entirety to read as follows:
Amendments to Guaranty. The Guaranty is hereby amended as follows: (a) Section 9(a)(iii) of the Guaranty is hereby deleted in its entirety and replaced with the following (with new or revised text underscored): (iii) Total Debt to Total Assets Ratio. Guarantor shall not, with respect to itself and its Subsidiaries, directly or indirectly, permit the ratio, expressed as a percentage, (i) the numerator of which shall equal the Indebtedness of Guarantor and its consolidated Subsidiaries associated with its Target Investments (net of restricted cash associated with any consolidated variable interest entities) and (ii) the denominator of which shall equal the Total Assets of Guarantor and its consolidated Subsidiaries associated with its Target Investments, to at any time be greater than seventy-seven and one half percent (77.5%); provided, that notwithstanding the foregoing, Guarantor and its consolidated Subsidiaries may from time to time acquire Highly Rated CMBS and enter into secured Indebtedness in connection therewith pursuant to which the ratio, expressed as a percentage, (i) the numerator of which equals the Indebtedness of Guarantor and its consolidated Subsidiaries associated with its Highly Rated CMBS (net of restricted cash associated with any consolidated variable interest entities) and (ii) the denominator of which equals the Total Assets of Guarantor and its consolidated Subsidiaries associated with its Highly Rated CMBS exceeds seventy-seven and one half percent (77.5%) but is not greater than ninety percent (90.00%), subject to the condition that at any such time, Guarantor shall not, with respect to itself and its Subsidiaries, directly or indirectly, permit the ratio, expressed as a percentage, (i) the numerator of which shall equal the Indebtedness of Guarantor and its consolidated ACTIVE 251104552
Amendments to Guaranty. Subject to the satisfaction of the conditions set forth in Section 3 of this Amendment, the Guaranty (but not including any Schedules or Annexes thereto) is hereby amended as set forth in Exhibit C attached hereto such that all of the newly inserted bold, double-underlined text (indicated textually in the same manner as the following example: double-underlined text) and any formatting changes attached hereto shall be deemed to be inserted in the text of the Guaranty and all of the deleted stricken text (indicated textually in the same manner as the following example: stricken text) shall be deemed to be deleted from the text of the Guaranty. Unmarked drafts of the Guaranty (but not including any Schedules or Annexes thereto), as amended by this Amendment, are attached hereto as Exhibit D.
