Exhibit 10.4(d)
THIRD AMENDMENT TO
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT
THIS THIRD AMENDMENT TO AMENDED AND
RESTATED REVOLVING CREDIT AGREEMENT (this “ Amendment
”) is made as of the 26th day of February, 2009, between
Crystal River Capital, Inc. , a Maryland corporation
(“ Borrower ”), and Brookfield US
Corporation, f/k/a Brascan (US) Corporation (“
Lender ”).
W I T N
E S S E
T H :
WHEREAS, Borrower and Lender are
parties to that certain Amended and Restated Revolving Credit
Agreement dated as of November 8, 2007, as amended pursuant to
that certain First Amendment to Amended and Restated Revolving
Credit Agreement dated as of March 7, 2008, as further amended
by that Second Amendment to Amended and Restated Revolving Credit
Agreement dated as of August 7, 2008 (as further amended,
restated, supplemented or otherwise modified from time to time, the
“ Credit Agreement ”; unless otherwise defined
herein, all capitalized terms used in this Amendment shall have the
meanings ascribed to such terms in the Credit Agreement);
and
WHEREAS, Borrower and Lender desire
to amend the Credit Agreement as hereinafter set forth;
NOW, THEREFORE, in consideration of
the premises set forth above, the terms and conditions contained
herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows:
1.
Amendments to the Credit
Agreement .
(a)
Section 1.2 of the Credit
Agreement is hereby modified and amended, effective as of
December 31, 2008, by deleting the definitions of “
Adjusted Net Portfolio Value ”, “ Net
Worth ” and “ Qualified Subordinated Debt
” in their entirety.
(b)
Section 1.2 of the Credit
Agreement is hereby further modified and amended by deleting the
following paragraph:
““ Maximum Advance
Amount ” shall mean $100,000,000.”
and replacing it with the following:
““
Maximum Advance Amount ” shall mean
$50,000,000.”
(c)
Section 5.4 of the Credit
Agreement is hereby amended and restated in its entirety as
follows, effective as of December 31, 2008, as
follows:
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