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SIXTH AMENDMENT TO
AMENDED AND RESTATED CREDIT AGREEMENT
THIS SIXTH
AMENDMENT, dated as of November 30, 2007, amends and modifies
a certain Amended and Restated Credit Agreement, dated as of
November 16, 2005, as amended by Amendments dated as of
December 5, 2005, December 14, 2005, March 15, 2006,
July 24, 2006 and November 30, 2006 (as so amended, the
“Credit Agreement”), between MMA MORTGAGE INVESTMENT
CORPORATION (the “Borrower”) and U.S. BANK NATIONAL
ASSOCIATION (the “Bank”). Terms not otherwise expressly
defined herein shall have the meanings set forth in the Credit
Agreement.
FOR VALUE
RECEIVED, the Borrower and the Bank agree that the Credit Agreement
is amended as follows.
ARTICLE I —
AMENDMENTS TO THE CREDIT AGREEMENT
1.1
Termination Date . The Definition of “Termination
Date” in Section 1.1 is amended to read as follows:
"'
Termination Date ‘: the earliest of (i) the date
on which the Bank terminates the Commitments pursuant to
Section 5.2 hereof, (ii) the date on which the
Commitments are reduced to $0 and all Advances repaid, as provided
in Section 2.9(a) , and (ii) March 31,
2008.”
The Borrower acknowledges
that the full aging periods set forth in Section 2.5(b) may
not elapse prior to the Termination Date and that the Advances and
the Notes shall be due and payable on the Termination Date without
regard to such further aging periods.
1.2
Quarterly Statements . Section 4.1(b) is amended by
deleting “60 days” and inserting
“45 days” in place thereof as the required timing
for delivery of quarterly financial statements.
1.3
Construction . All references in the Credit Agreement to
“this Agreement”, “herein” and similar
references shall be deemed to refer to the Credit Agreement as
amended by this Amendment.
ARTICLE II —
REPRESENTATIONS AND WARRANTIES
To induce
the Bank to enter into this Amendment and to make and maintain the
Loans under the Credit Agreement as amended hereby, the Borrower
hereby warrants and represents to the Bank that it is duly
authorized to execute and deliver this Amendment, and to perform
its obligations under the Credit Agreement as amended hereby, and
that this Amendment constitutes the legal, valid and binding
obligation of the Borro
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