Back to top

AMENDMENT TO GUARANTY

Guarantee Agreement

AMENDMENT TO GUARANTY | Document Parties: CAPITALSOURCE INC | COLUMN FINANCIAL, INC | CSE Casablanca Holdings II LLC You are currently viewing:
This Guarantee Agreement involves

CAPITALSOURCE INC | COLUMN FINANCIAL, INC | CSE Casablanca Holdings II LLC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: AMENDMENT TO GUARANTY
Governing Law: New York     Date: 3/2/2009
Industry: Misc. Financial Services     Sector: Financial

AMENDMENT TO GUARANTY, Parties: capitalsource inc , column financial  inc , cse casablanca holdings ii llc
50 of the Top 250 law firms use our Products every day

Exhibit 10.21.1

AMENDMENT TO GUARANTY

           THIS AMENDMENT TO GUARANTY , dated as of July 31, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “ Agreement ”), between COLUMN FINANCIAL, INC. , having an address at 11 Madison Avenue, New York, New York 10010 (“ Lender ”) and CAPITALSOURCE INC., having its principal place of business at 4445 Willard Avenue, 12 th Floor, Chevy Chase, MD 20815 (“ Guarantor ”).

RECITALS

     A. Lender made a certain mezzanine loan (the “Loan”) to CSE Casablanca Holdings II LLC (“Borrower”) in the original principal amount of $36,140,981.00 subject to and in accordance with the terms of that certain Mezzanine Loan Agreement dated as of July 31, 2007 (the “Existing Loan Agreement”).

     B. In connection with the Loan, Guarantor delivered a certain Guaranty Agreement (the “Existing Guaranty”) for the benefit of Lender.

     C. Lender, Borrower and Guarantor, among others, have entered into a certain Modification Agreement (the “Loan Modification Agreement”), dated as of the date hereof, pursuant to which the terms of the Existing Loan Agreement have been amended.

     D. Lender and Guarantor desire to modify the Existing Guaranty subject to and in accordance with the terms and provisions of this Agreement.

AGREEMENT

     1.  Definitions . All capitalized terms used but not defined in this Agreement shall have the meanings given to them in the Existing Guaranty.

     2.  Modifications to Existing Guaranty .

          (a) All references in the Existing Guaranty to the term “Mortgage Borrower” are deleted and replaced with the term “Owner”.

          (b) Section 1.2(a)(i)(A) of the Existing Guaranty is hereby modified by deleting the phrase “or the Original Loan”.

          (c) Section 1.2(a)(i)(H) of the Existing Guaranty is hereby modified by adding the phrase “or a foreclosure of the Collateral” after the phrase “deed in lieu thereof”.

          (d) The last paragraph of Section 1.2(a) is hereby modified by deleting the phrase “the additional covenant to comply with any assumptions in the Insolvency Opinion or in any Additional Insolvency Opinion” in clause (B) thereof and inserting in its place the phrase “any additional covenant set forth in the Insolvency Opinion and in any Additional Insolvency Opinion which is not otherwise set forth in the Loan Agreement”.

 


 

          (e) Section 1.2(c) of the Existing Guaranty is hereby modified as follows:

          (A) The word “entity” in the first instance such word appears in clause (i) is hereby deleted and replaced with the word “Person”.

          (f) All references in the Existing Guaranty to the term &ld


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more