EX-4.2(D)
from 10-Q
7 pages
Amendment No. 2 Dated as of June 30, 2006 (This “Amendment”) to the Loan and Security Agreement Dated as of June 30, 2003, as Amended by Amendment No. 1 Dated August 3, 2004 (As the Same May Be Further Amended, Supplemented or Otherwise Modified, Renewed or Replaced From Time to Time, the “Credit Agreement”), by and Among Belmar Capital Fund LLC, a Delaware Limited Liability Company (The “Borrower”), the Lenders Referred to Therein, Merrill Lynch Mortgage Capital, Inc., a Delaware Corporation, as Agent (The “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware Corporation (The “Swap Provider”). Whereas, on June 30, 2003, the Borrower, the Lenders, the Agent and the Swap Provider Entered Into the Credit Agreement Pursuant to Which the Lenders Made Available to the Borrower a Revolving Credit Facility in the Aggregate Principal Amount of $118,500,000; Whereas, the Borrower Has Requested the Required Lenders to Decrease the Amount of the Revolving Credit Facility by $60,000,000 to an Aggregate Principal Amount of $58,500,000; Whereas, the Borrower Has Requested and the Required Lenders Have Agreed, Subject to the Terms and Conditions of This Amendment, to Amend Certain Provisions of the Credit Agreement, as Set Forth Herein; Now, Therefore, in Consideration of the Premises and of the Mutual Agreements Herein Contained, the Parties Hereto Agree as Follows: Section 1. Amendments. Subject to the Satisfaction of the Conditions Precedent Set Forth in Section 3 Hereof, the Credit Agreement Is Hereby Amended as of the Effective Date (As Defined in Section 3 Hereof) as Follows: (A) Article 1 of the Credit Agreement Is Hereby Amended by Amending and Restating the Following Definition in Its Entirety to Read as Follows: “‘Maximum Loan Amount’ Shall Mean $58,500,000.” (B) Schedule 1.1 of the Credit Agreement Is Hereby Amended by Deleting the Figure “$118,500,000” and Inserting the Figure “$58,500,000” in Lieu Thereof
12/34/56
