100 Summer Street, Suite 3232
Boston, MA 02110
Caliber Home Loans, Inc.
1525 South Belt Line Road
Coppell, Texas 75019
Attention: Glenn Minkoff
Re: Second Amendment to the Loan and Security Agreement (Second Amendment).
This Second Amendment is made this 25th day of September (the Amendment Effective Date), to that certain Loan and Security Agreement, dated as of September 27, 2019 (as amended, restated, supplemented or otherwise modified from time to time) (the Agreement, by and between Caliber Home Loans, Inc. (Borrower), and TIAA, FSB (Bank).
WHEREAS, Borrower and Bank desire to amend the Agreement as set forth herein.
NOW THEREFORE, in consideration of the amendments, agreements and other provisions herein contained and of certain other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is hereby agreed between Borrower and Bank as follows:
SECTION 1. Amendment of the Agreement. The Agreement is hereby amended as follows:
(a) Section 1(rrr) of the Agreement is hereby amended and restated as follows:
(rrr) Maturity Date means the earlier of (a) December 23, 2020, or (b) such earlier date on which this Agreement shall terminate or be terminated by Bank or Borrower in accordance with the provisions hereof or by operation of law or the date on which the Loan shall be accelerated and declared due and payable in accordance with the provisions hereof.
(b) Section 1(hhhhh) of the Agreement is hereby amended and restated as follows:
(hhhhh) Termination Date means the earlier of (a) December 23, 2020, or (b) the Maturity Date.
SECTION 2. Defined Terms. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Agreement.
SECTION 3. Fees. There are no fees due and owing in connection with this Second Amendment.
SECTION 4. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Second Amendment need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby.