MASTER LOAN PURCHASE AGREEMENT TERMINATION AGREEMENT
QuickLinks -- Click here to rapidly navigate through this document
EXECUTION COPY
MASTER LOAN PURCHASE AGREEMENT TERMINATION AGREEMENT
This MASTER LOAN PURCHASE AGREEMENT TERMINATION AGREEMENT (this "Termination Agreement"), dated as of July 17, 2003, is made by and between EFI DEVELOPMENT FUNDING, INC., a Delaware corporation ("EFI"), and SIERRA DEPOSIT COMPANY, LLC, a Delaware limited liability company ("Sierra").
WHEREAS, EFI and Sierra entered into the Master Loan Purchase Agreement (the "Purchase Agreement"), dated as of August 29, 2002, and the related Master Loan Purchase Agreement Supplement (the "PA Supplement"), dated as of August 29, 2002, to effect the sale of such Loans by EFI to Sierra;
WHEREAS, as of the date hereof, EFI has not sold any Loans to Sierra under the Purchase Agreement or the PA Supplement;
WHEREAS, as of the date hereof, EFI and Sierra intend that no Loans will be sold to Sierra by EFI and desire to terminate the Purchase Agreement;
NOW, THEREFORE, in consideration of the premises and the agreements contained herein, the parties agree as follows:
Section 1.01. Termination. On and as of the date hereof, the parties to the Purchase Agreement hereby agree to terminate and hereby do terminate the Purchase Agreement as of the date hereof and release each other from any and all obligations thereunder.
ARTICLE II
MISCELLANEOUS PROVISIONS
Section 2.01. Definitions. All terms used herein and not otherwise defined herein shall have meanings ascribed to them in the Purchase Agreement.
Section 2.02. Counterparts. This Termination Agreement may be executed in any number of counterparts, all such counterparts together constituting but one and the same instrument.
Section 2.03. Governing Law. THIS TERMINATION AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Termination Agreement as of the 17th of July, 2003.
| EFI DEVELOPMENT FUNDING, INC. | |||||
By: |
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ |
||||
| Name: | ▇▇▇▇ ▇. ▇▇▇▇▇▇ | ||||
| Title: | Vice President | ||||
SIERRA DEPOSIT COMPANY, LLC, |
|||||
By: |
/s/ ▇▇▇▇ ▇▇▇▇ |
||||
| Name: | ▇▇▇▇ ▇▇▇▇ | ||||
| Title: | President and Treasurer | ||||
2
MASTER LOAN PURCHASE AGREEMENT TERMINATION AGREEMENT
RECITALS
ARTICLE I TERMINATION
ARTICLE II MISCELLANEOUS PROVISIONS