EX-10.25 18 dex1025.htm AMENDMENT #9 TO RENEWAL OF COMMITMENT LETTER, DATED AS OF 12/30/2004 Amendment #9 to Renewal of Commitment Letter, Dated as of 12/30/2004

EXHIBIT 10.25

AMENDMENT NO. 9 TO

COMMITMENT LETTER

 

This AMENDMENT NO. 9 TO COMMITMENT LETTER (the “Amendment”) is made and entered into as of December 30, 2004 by and between Countrywide Warehouse Lending (“Lender”), Encore Credit Corp., Bravo Credit Corporation and ECC Capital Corporation (collectively “Borrower”). This Amendment amends that certain Commitment Letter by and between Lender and Borrower dated as of November 14, 2003 (the “Commitment Letter”), which supplements that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of May 13, 2002 (as may be amended from time to time, the “Credit Agreement”).

 

R E C I T A L S

 

Lender and Borrower have previously entered into the Commitment Letter and Credit Agreement pursuant to which Lender may, from time to time, provide Borrower credit in the form of a warehouse line secured by residential mortgage loans. Lender and Borrower hereby agree that the Commitment Letter shall be amended as provided herein.

 

In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower hereby agree as follows:

 

Schedule 1 – Commitment Requirements. Lender and Borrower agree that SCHEDULE 1 of the Commitment Letter shall be amended to add the following Tranche X as follows:

 

    Tranche
Sublimit


 

Margin over

30 day LIBOR


 

Advance

Rate


  Maximum
Dwell
Time


  Fees

 

Commitment

Requirements


                         

Tranche X: Correspondent Loans (originated by Borrower’s correspondent lending division) (Lender and Borrower agree to identify these loans in the CDR as indicated in the below Schedule 3)

  Not to
exceed

$50,000,000
in total in
Advances
at any one
time
  Shall be equal to
the Margin over
30 days LIBOR
indicated in the
Commitment
Letter for
non-Correspondent
loans for such loan
type
  Shall be equal to
the Advance
indicated in the
Commitment
Letter for
non- Correspondent
loans for such loan
type
      Shall be equal to
File Fee indicated
in the
Commitment
Letter for
non-Correspondent
loans for such loan
type
 

1.      Collateral must be received and accepted by Lender prior to funding each Advance.

           

2.      Borrower to provide Correspondent Funding Conditions Form prior to funding each Advance.

           

3.      Borrower to provide bailee instructions from correspondent’s warehouse bank prior to funding each Advance in the CDR and in the collateral package delivered to Lender.

           

4.      Lender to only wire to approved institutional warehouse banks, chosen at Lenders discretion.

 

5.      Lenders retains the right not to fund a loan originated by a correspondent or unapproved warehouse provider.

 

6.      CDR must be received prior to collateral receipt.

 

7.      Borrower to include in CDR its purchase price for each loan, and Lender shall use Borrower’s purchase price to determine the Advance Amount.

 

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2. Schedule 3. Lender and Borrower agree to add the following schedule in order to identify correspondent loans in the CDR as follows:

 

Loan Type (1)


  

Tranche type in CDR (1)


  

Tranche X

Correspondent Loans

Tranche Terms


Jumbo - Sold to Countrywide Home Loans    CHL 1st Bonds   
Jumbo - Sold to an Investor other than Countrywide Home Loans    1st Bonds   
Super Jumbo - Sold to Countrywide Home Loans    CHL 2nd Bonds    Setup will emulate the applicable Loan Types setup under Warehouse Tranches for non-correspondent loans with the exception of Sublimits. Lender and Borrower agree that the sum of the Sublimits under all correspondent loans shall not exceed twenty five million ($50,000,000) in Advances.
Super Jumbo - Sold to an Investor other than Countrywide Home Loans    2nd Bonds   
Subprime - Sold to Countrywide Home Loans    CHL Construction / OTC   
Subprime - Sold to an Investor other than Countrywide Home Loans    Construction / OTC   

 

(1) With prior notice to Borrower, Countrywide Warehouse Lending Operation Account Management may reassign designated Tranche type(s) in Borrower CDR in the event that currently assigned Tranches may create linking issues with Countrywide’s Correspondent Lending Division.

 

3. No Other Amendments; Conflicts with Previous Amendments. Other than as expressly modified and amended herein, the Commitment Letter shall remain in full force and effect and nothing herein shall affect the rights and remedies of Lender as provided under the Commitment Letter and Credit Agreement. To the extent any amendments to the Commitment Letter contained herein conflict with any previous amendments to the Commitment Letter, the amendments contained herein shall control.

 

4. Capitalized Terms. Any capitalized term used herein and not otherwise defined herein shall have the meaning ascribed to such term in the Credit Agreement.

 

5. Facsimiles. Facsimile signatures shall be deemed valid and binding to the same extent as the original.

 

IN WITNESS WHEREOF, Lender and Borrower have caused their names to be signed hereto by their respective officers thereunto duly authorized as of the date first written above.

 

COUNTRYWIDE WAREHOUSE LENDING

     

ENCORE CREDIT CORP.

By:   /s/ Richie Walia       By:  

/s/ William E. Moffatt

    Signature           Signature
   

Name:

 

Richie Walia

         

Name:

 

William E. Moffatt

   

Title:

 

1st VP

         

Title:

 

Treasurer

 

       

BRAVO CREDIT CORPORATION

                By:  

/s/ John Kontoulis

                    Signature
                   

Name:

 

John Kontoulis

                   

Title:

 

EVP

 

       

ECC CAPITAL CORPORATION

                By:  

/s/ William E. Moffatt

                    Signature
                   

Name:

 

William E. Moffatt

                   

Title:

 

Treasurer

 

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