AMENDMENT NUMBER NINE
MASTER REPURCHASE AGREEMENT
Dated as of May 31, 2013, as Amended and Restated to and Including June 17, 2016
CALIBER HOME LOANS, INC.,
MORGAN STANLEY BANK. N.A.
MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC
This AMENDMENT NUMBER NINE (this Amendment Number Nine) is made this 22nd day of November, 2019, among CALIBER HOME LOANS, INC., a Delaware corporation (Seller), MORGAN STANLEY BANK, N.A., a national banking association, as buyer (Buyer) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company, as agent for Buyer (Agent), to the Master Repurchase Agreement, dated as of May 31, 2013, as Amended and Restated to and including June 17, 2016, among Seller, Buyer and Agent, as such agreement may be amended from time to time (the Agreement). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
WHEREAS, Seller, Buyer and Agent have agreed to amend the Agreement, as more specifically set forth herein; and
WHEREAS, as of the date hereof, Seller represents to Buyer and Agent that Seller is in full compliance with all of the terms and conditions of the Agreement and each other Repurchase Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Repurchase Document.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the mutual covenants herein contained, the parties hereto hereby agree as follows:
SECTION 1. Amendment. Effective as of November 22, 2019 (the Amendment Effective Date),
(a) The definition of VA Renovation Loan in Section 1.01 of the Agreement is hereby amended to read in its entirety as follows:
VA Renovation Loan shall mean a VA Loan the purpose of which is made to purchase or refinance and repair or renovate a Mortgaged Property and such Loan complies with the VA Regulations including without limitation the Loan for Alteration and Repair guidelines.
(b) Section 2.05(b) of the Agreement is hereby amended to read in its entirety as follows:
(b) The Seller hereby promises to pay to the Buyer, Price Differential on the unpaid Purchase Price (and any unpaid fees, expenses and indemnity claims) of each Transaction for the period from and including the Purchase Date of such Transaction to but excluding the Termination Date of such Transaction, at a rate per annum equal to the Pricing Rate; provided, that in no event shall such rate per annum exceed the maximum