Capitalsource Inc – Credit Agreements Watch

from 10-Q 145 pages Fourth Amended and Restated Sale and Servicing Agreement by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller CSE Mortgage LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of June 16, 2009 Conformed Through Fourth Amendment, Dated June 2, 2010 Fourth Amended and Restated Sale and Servicing Agreement

from 10-Q 145 pages Fourth Amended and Restated Sale and Servicing Agreement by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller CSE Mortgage LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of June 16, 2009 Conformed Through Third Amendment, Dated February 26, 2010 Fourth Amended and Restated Sale and Servicing Agreement

from 10-Q 148 pages Second Amended and Restated Sale and Servicing Agreement by and Among Cs Funding VII Depositor LLC, as the Seller Capitalsource Finance LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of May 8, 2008 as Amended and Restated as of April 20, 2009 and as Amended and Restated as of June 16, 2009 Conformed Through Third Amendment, Dated February 26, 2010 Commercial Loan-Backed Variable Funding Certificates Second Amended and Restated Sale and Servicing Agreement

from 10-K 163 pages Credit Agreement Among Capitalsource Inc. as the Initial Borrower the Guarantors Listed Herein, the Lenders Listed Herein, Wachovia Bank, National Association, as the Administrative Agent, Swingline Lender, and Issuing Lender Bank of America, N.A., as Issuing Lender Wells Fargo Securities, LLC (F/K/a Wachovia Capital Markets, LLC) as Sole Bookrunner and as Lead Arranger Bank of Montreal, Barclays Bank PLC, and Suntrust Bank, as Co-Documentation Agents March 14, 2006

from 10-Q 6 pages Second Amendment and Waiver, Dated as of August 28, 2009 (This “Amendment”), to the Fourth Amended and Restated Sale and Servicing Agreement Dated as of June 16, 2009 (As Amended by That Certain First Amendment Dated as of July 14, 2009, and as Further Amended, Restated, Supplemented or Otherwise Modified From Time to Time, the “Agreement”), by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller (The “Seller”), CSE Mortgage LLC, as the Originator (The “Originator”), and as the Servicer (The “Servicer”), Each of the Issuers From Time to Time Party Thereto (Collectively, the “Issuers”), Each of the Liquidity Banks From Time to Time Party Thereto (Collectively, the “Liquidity Banks”), Citicorp North America, Inc., as the Administrative Agent for the Issuers and Liquidity Banks Thereunder (The “Administrative Agent”), and Wells Fargo Bank, National Association, Not in Its Individual Capacity but as the Backup Servicer (The “Backup Servicer”), and Not in Its Individual Capacity but as the Collateral Custodian (The “Collateral Custodian”). Terms Not Otherwise Defined in This Amendment Shall Have the Meanings Set Forth in the Agreement. the Parties Hereto Desire to Amend the Agreement and Waive Certain Provisions of the Agreement in the Manner Provided Herein. Accordingly, for Good and Valuable Consideration, the Receipt and Sufficiency of Which Are Hereby Acknowledged by the Parties Hereto, the Parties Hereto Hereby Agree as Follows: Section 1. Amendments to the Agreement. Effective as of the Effective Date, the Agreement Is Hereby Amended as Follows: (I) the Definition of “Consolidated Tangible Net Worth” in Section 1.1 Thereof Is Deleted and Replaced as Follows

from 10-Q 149 pages Fourth Amended and Restated Sale and Servicing Agreement by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller CSE Mortgage LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of June 16, 2009 Conformed Through Second Amendment, Dated August 28, 2009

from 10-Q 153 pages Second Amended and Restated Sale and Servicing Agreement by and Among Cs Funding VII Depositor LLC, as the Seller Capitalsource Finance LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of May 8, 2008 as Amended and Restated as of April 20, 2009 and as Amended and Restated as of June 16, 2009 Conformed Through Second Amendment, Dated August 28, 2009 Commercial Loan-Backed Variable Funding Certificates

from 10-Q 149 pages Fourth Amended and Restated Sale and Servicing Agreement by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller CSE Mortgage LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of June 16, 2009 Conformed Through First Amendment, Dated July 14, 2009

from 10-Q 153 pages Second Amended and Restated Sale and Servicing Agreement by and Among Cs Funding VII Depositor LLC, as the Seller Capitalsource Finance LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of May 8, 2008 as Amended and Restated as of April 20, 2009 and as Amended and Restated as of June 16, 2009 Conformed Through First Amendment, Dated July 14, 2009 Commercial Loan-Backed Variable Funding Certificates

from 8-K 29 pages Intercreditor Agreement Dated as of July 27, 2009 Among Wachovia Bank, National Association, as Collateral Agent, Wachovia Bank, National Association, as Authorized Representative Under the Credit Agreement, and U.S. Bank National Association, as the Authorized Representative Under the Indenture

from 8-K 153 pages Credit Agreement Among Capitalsource Inc. as the Initial Borrower the Guarantors Listed Herein, the Lenders Listed Herein, Wachovia Bank, National Association, as the Administrative Agent, Swingline Lender, and Issuing Lender Bank of America, N.A., as Issuing Lender Wells Fargo Securities, LLC (F/K/a Wachovia Capital Markets, LLC) as Sole Bookrunner and as Lead Arranger Bank of Montreal, Barclays Bank PLC, and Suntrust Bank, as Co-Documentation Agents March 14, 2006

from 8-K 148 pages Third Amended and Restated Sale and Servicing Agreement by and Among Capitalsource Real Estate Loan LLC, 2007-A, as the Seller CSE Mortgage LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of April 20, 2009

from 8-K 151 pages Amended and Restated Sale and Servicing Agreement by and Among Cs Funding VII Depositor LLC, as the Seller Capitalsource Finance LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of May 8, 2008 as Amended and Restated as of April 20, 2009 Commercial Loan-Backed Variable Funding Certificates

from 10-K 110 pages Mezzanine Loan Agreement Dated as of July 31, 2007 Between CSE Casablanca Holdings II LLC, as Borrower and Column Financial, Inc., as Lender

from 10-K 128 pages Amended and Restated Loan Agreement Dated as of March 29, 2007 Between the Entities Whose Names Appear on the Signature Pages Hereof, as Borrower and Column Financial, Inc., as Lender

from 10-K 148 pages Composite Version Reflects All Amendments Through February 10, 2009 10 February 2009 Cs Europe Finance Limited and Cs Uk Finance Limited as the Borrowers and Guarantors Each of the Conduit Lenders and Institutional Lenders From Time to Time Party Hereto as Lenders, as the Lenders Each of the Lender Agents From Time to Time Party Hereto as Lender Agents, as the Lender Agents Each of the Swingline Lender Agents From Time to Time Party Hereto as Swingline Lender Agents as the Swingline Lender Agents Each of the Conduit Lenders and Institutional Lenders From Time to Time Party Hereto as Swingline Lenders, as the Swingline Lenders Capitalsource Finance LLC as the Servicer Wachovia Bank, N.A. as the Administrative Agent and the Security Trustee and Wachovia Securities International Ltd., as Lead Arranger and Sole Bookrunner Amended €125,000,000 Multicurrency Revolving Facility Agreement -I

from 10-K 111 pages Credit Agreement Dated as of July 20, 2007 Among Capitalsource Funding VIII LLC as the Borrower Capitalsource Finance LLC as the Servicer the Financial Institutions From Time to Time Party Hereto as Lenders the Financial Institutions From Time to Time Party Hereto as Managing Agents Deutsche Bank AG, New York Branch as the Administrative Agent and Wells Fargo Bank, National Association as Collateral Custodian and Backup Servicer

from 10-K 161 pages Cumulative Conformed Version Sale and Servicing Agreement by and Among Cs Funding VII Depositor LLC, as the Seller Capitalsource Finance LLC, as the Originator and as the Servicer Each of the Issuers From Time to Time Party Hereto, Each of the Liquidity Banks From Time to Time Party Hereto Citicorp North America, Inc., as the Administrative Agent and Wells Fargo Bank, National Association, as the Backup Servicer and as the Collateral Custodian Dated as of May 8, 2008 as Amended by First Amendment Dated as of July 31, 2008 Second Amendment Dated as of August 20, 2008 Commercial Loan-Backed Variable Funding Certificates

from 10-K 148 pages Credit Agreement Among Capitalsource Inc. as the Initial Borrower the Guarantors Listed Herein, the Lenders Listed Herein, Wachovia Bank, National Association, as the Administrative Agent, Swingline Lender, and Issuing Lender Bank of America, N.A., as Issuing Lender Wachovia Capital Markets, LLC, as Sole Bookrunner and as Lead Arranger Bank of Montreal, Barclays Bank PLC, and Suntrust Bank, as Co-Documentation Agents March 14, 2006 (Composite Version; Reflects All Amendments Through February 25, 2009) Schedules

from 10-K 44 pages Standard Office Lease Between Crown Brea Associates, LLC, a Delaware Limited Liability Company, as Landlord and Fremont Investment & Loan, a California Industrial Bank, as Tenant 2727 East Imperial Highway, Brea, California Standard Office Lease