Exhibit 10.1
FIFTH AMENDMENT TO CREDIT AGREEMENT
This FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), with an effective date of March 4, 2024 (the “Effective Date”), is entered into by and among GREYSTONE HOUSING IMPACT INVESTORS LP, a Delaware limited partnership (“Borrower”), the Lenders signatory hereto, and BANKUNITED, N.A., a national banking association, as administrative agent for the Lenders (together with its successors and assigns in such capacity and any replacement administrative agent, "Administrative Agent").
WHEREAS, Borrower (f/k/a AMERICA FIRST MULTIFAMILY INVESTORS, L.P.), Administrative Agent, and Lenders entered into that certain Credit Agreement dated as of June 11, 2021, as amended by that certain First Amendment to Credit Agreement dated as of November 30, 2021, as further amended by that certain Second Amendment to Credit Agreement dated as of June 9, 2023, as further amended by that certain Third Amendment to Credit Agreement dated as of July 11, 2023, as further amended by that certain Fourth Amendment to Credit Agreement dated as of September 19, 2023 (as further amended hereby and as may be further amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).
WHEREAS, Borrower has requested, and Administrative Agent and Lenders have agreed to amend the terms and conditions of the Credit Agreement, pursuant to Section 10.15 of the Credit Agreement, as set forth in this Amendment. Except as expressly modified hereby, the terms of the Credit Agreement remain in full force and effect.
NOW, THEREFORE, in consideration of the foregoing premises, and promises and mutual agreements herein contained and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
“Lender” means each Person listed on the signature pages hereto as a Lender, and any other Person that becomes a party hereto as a Lender pursuant to an Assignment and Assumption Agreement or a Joinder Agreement.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first above written.
BORROWER:
GREYSTONE HOUSING IMPACT INVESTORS LP
By: America First Capital Associates Limited Partnership Two, its general partner
By: Greystone AF Manager LLC, its
general partner
By: /s/ Lisa Schwartz
Name: Lisa Schwartz
Title: Vice President
ADMINISTRATIVE AGENT AND LENDER:
BANKUNITED, N.A.
By: /s/ David Jeddah
Name: David Jeddah
Title: Vice President
LENDERS:
BANKERS TRUST COMPANY
By: /s/ Scott Leighton
Name: Scott Leighton
Title: Senior Vice President
NEXBANK
By:/s/ Kevin Olding
Name: Kevin Olding
Title: SVP - Executive Credit Officer
Signature Page to Fifth Amendment to Credit Agreement
ANNEX A
SCHEDULE 1
Commitments
Lender | Commitment | Proportionate Share of Total Commitments |
BankUnited, N.A. | $30,000,000.00 | 60% |
Bankers Trust Company | $10,000,000.00 | 20% |
NexBank | $10,000,000.00 | 20% |
Total | $50,000,000.00 | 100% |