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December 27, 2013 (the 'Agreement"), by and between FIFTH THIRD BANK, as Secured
Party ('Secured Party and/or 'Lender), and THORAIR, LLC, as Grantor ('Grantor and/or Borrower).
Unless otherwise specified herein ... dated January 1, 2019, the
Note, the Guaranty(s), an IDERA in favor of Secured Party, the Rate Management Agreement and all
other documents prepared by Secured Party ... effect and are in all respects hereby ratified and affirmed.
IN WITNESS WHEREOF, Secured Party and Grantor have executed this Amendment as
of the date first
above written.
Secured Party
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THIRD BANK, es Secured
dated
'Lender), and THOFtAIR, LLC, as Grantor ("Grantor and/or Borrower").
Party ('Secured Party and/or
to them In the
Unless otherwise specified herein, all capitalized terms shall ... Note, the Guaranty(s), an IDERA In favor of Secured Party, the Rate Management Agreement
other documents prepared by Secured Party and now or hereafter executed In connection therewith ... effect and are in all respects hereby ratified and affirmed.
IN WITNESS WHEREOF, Secured Party and Grantor have executed this Amendment as of the date first
above written.
Secured Party
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01331565.pdf
Holding and Using Posted Winters!
(a) Care of Posted Collateral. Without limiting the Secured Party's rights under Paragraph 6(c), the Secured
Party will exercise reasonable care to assure ... Posted Collateral to the extent requited by
applicable law, and in any event the Secured Party will be deemed to have exercised reasonable care if it
exercises at least ... with respect to its own property. Except as
specified in the preceding sentence, the Secured Party will have no duty with respect to Posted Collateral,
including, without limitation, any duty
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Paragraph 13 and the
other provisions of this Annex, Paragraph 13 will prevail.
(b) Secured Party and Pledger. All references in this Annex to the "Secured Party" will ... party to this Annex, all
references herein to that party as the Secured Party with respect to that Other Posted Support will be to that party
as the beneficiary thereof ... beneficiary thereof to provisions
of law generally relating to security interests and secured parties.
Paragraph 2. Security Interest
Each party, as the Pledger, hereby pledges to the other party
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Paragraph 13 and the
other provisions of this Annex, Paragraph 13 will prevail.
(b) Secured Party and Pledgor. All references in this Annex to the "Secured
Party" will ... party to this Annex, all
references herein to that party as the Secured Party with respect to that
Other Posted Support will be to that party
as the beneficiary thereof ... beneficiary thereof to provisions
of law generally relating to security interests and secured parties.
Paragraph 2. Security Interest
Each party, as the Pledgor, hereby pledges to the other party
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Paragraph 13 and the other provisions of this Annex, Paragraph 13 will prevail.
(b) Secured Party and Pledgor. All references in this Annex to the "Secured Party" will ... party to this
Anne; all references herein to that party as the Secured Party with respect to that Other Posted Support will
be to that party as the beneficiary thereof ... beneficiary
thereof to provisions of law generally relating to security interests and secured parties.
Paragraph 2. Security Interest
Each party, as the Pledgor, hereby pledges to the other party
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will prevail.
(b) Secured Puny and Pledgor. All references in this Annex to the "Secured Party" will be to either
party when acting in that capacity and all corresponding references ... party to this
Annex, all references herein to that party as the Secured Party with respect to that Other Posted Support will
be to that party as the beneficiary thereof ... beneficiary
thereof to provisions of law generally relating to security interests and secured parties.
Paragraph 2. Security Interest
Each party, as the Pledgor, hereby pledges to the other party
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party to this Annex, all
references herein to that party as the Secured Party with respect to that Other Posted Support will be to that party
as the beneficiary thereof ... beneficiary thereof to provisions
of law generally relating to security interests and secured parties.
Paragraph 2. Security Interest
Each party, as the Pledger, hereby pledges to the other party ... Secured Party, as security for its Obligations,
and grants to the Secured Party a first priority continuing security interest in, lien on and right of Set-off against
all Posted
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Posted Collateral
comprising securities the Secured Party may return Equivalent Colateral.
(v) Covenants of the Pledgor
So long as the Agreement is in effect, the Pledger covenants that it will ... security
interest created hereunder and any security interests or other encumbrances created by the Secured
Party; and will not sell, transfer, assign, deliver or otherwise dispose of, or grant ... Posted Collateral or any interest therein, without the prior written consent of the
Secured Party.
(v) Costs of Transfer on Substitution
Notwithstanding Paragraph 10(a), the Pledger will be responsble
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replacing
"Valuation Dale" in the first line thereof with "Valuation Time".
(v) Limit on Secured Party's Liability. The Secured Party will not be liable for any losses or
damages ... that the Pledgor may suffer as a result of any failure by the Secured Party to
perform, or any delay by it in performing, any of its obligations under this ... failure or delay results from circumstances beyond the reasonable control of the Secured
Party or its Custodian, such as interruption or loss of computer or communication services,
labor disturbance, natural
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