OMNIBUS AMENDMENT TO MASTER REPURCHASE AGREEMENT AND THIRD
AMENDED AND RESTATED PRICING SIDE LETTER
THIS OMNIBUS AMENDMENT TO MASTER REPURCHASE AGREEMENT AND THIRD AMENDED AND RESTATED PRICING SIDE LETTER, dated as of December 14, 2020 (this Amendment), is by and between UNITED SHORE FINANCIAL SERVICES, LLC, a Michigan limited liability company, as seller (the Seller) and JEFFERIES FUNDING LLC, a Delaware limited liability company, as the buyer (the Buyer). Unless otherwise defined herein, capitalized terms used in this Amendment have the meanings assigned to such terms in the Repurchase Agreement (as defined below).
WHEREAS, the Buyer and the Seller have entered into that certain Master Repurchase Agreement, dated as of March 7, 2019 (as amended, restated, supplemented or otherwise modified to the date hereof and by this Amendment, the Repurchase Agreement);
WHREAS, the Buyer and the Seller have entered into that certain Third Amended and Restated Pricing Side Letter, dated as of April 22, 2020 (as amended, restated, supplemented or otherwise modified to the date hereof and by this Amendment, the Pricing Side Letter and together with the Repurchase Agreement, the Agreements);
WHEREAS, the Seller has notified the Buyer that the Seller plans to change its name to United Wholesale Mortgage, LLC, effective as of December 14, 2020 (the Name Change);
WHEREAS, the Buyer and the Seller have agreed, subject to the terms and conditions of this Amendment, that the Repurchase Agreement and the Pricing Side Letter be amended to reflect certain agreed upon changes in connection with the Name Change;
NOW, THEREFORE, in consideration of the mutual covenants made herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
SECTION 1. Definitions. The following terms used in this Amendment shall have the meanings set forth below:
eCommerce Laws shall mean ESIGN, UETA, any applicable state or local equivalent or similar laws and regulations, and any rules, regulations and guidelines promulgated under any of the foregoing.
ESIGN shall mean the Electronic Signature In Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (codified at 15 U.S.C. §§ 7001-31), as the same may be supplemented, amended, recodified or replaced from time to time.
UETA shall mean the Uniform Electronic Transactions Act, as adopted in the relevant jurisdiction, and as may be supplemented, modified or replaced from time to time.
SECTION 2. Amendments to Repurchase Agreement. Effective as of the date hereof, the Repurchase Agreement is hereby amended as follows:
a. As of the Effective Date, the definition of Seller and all related references to Seller in the Repurchase Agreement and the other Program Documents shall be deemed to refer to United Wholesale Mortgage, LLC.