EX-10.4 6 am110905-ex10_4.txt CONTRACT EXHIBIT 10.4 CALYON NEW YORK BRANCH 1301 Avenue of the Americas New York, New York 10019 As of October 5, 2005 AHM SPV I, LLC c/o American Home Mortgage Holdings, Inc. 538 Broadhollow Road Melville, New York 11747 AMERICAN HOME MORTGAGE CORP. 538 Broadhollow Road Melville, New York 11747 LA FAYETTE ASSET SECURITIZATION LLC c/o Calyon Building 1301 Avenue of the Americas New York, New York 10019 CALYON NEW YORK BRANCH Calyon Building 1301 Avenue of the Americas New York, New York 10019 LLOYDS TSB BANK PLC 1251 Avenue of the Americas 39th Floor New York, NY 10020 Re: Extension Letter Ladies and Gentlemen: 1. Reference is made to the Loan Agreement, dated as of August 8, 2003, as amended from time to time (the "Loan Agreement"), among AHM SPV I, LLC, a Delaware limited liability company (hereinafter, together with its successors and assigns, the "Borrower"), LA FAYETTE ASSET SECURITIZATION LLC, a Delaware limited liability company, as the Issuer (hereinafter, together with its successors and assigns, "Issuer"), CALYON NEW YORK BRANCH (hereinafter, together with its successors and assigns, "Calyon"), as the Administrative Agent and as a Bank, LLOYDS TSB BANK PLC (hereinafter, together with its successors and assigns, "Lloyds"), as a Bank, and AMERICAN HOME MORTGAGE CORP., a New York corporation, as the Servicer (hereinafter, together with its successors and assigns "the Servicer"). Unless otherwise defined herein, capitalized terms have the meanings set forth in the Loan Agreement. 2. The Borrower, Calyon, as a Bank and as the Administrative Agent, Lloyds, as a Bank, and the Servicer hereby agree that the Annual Extension Date, as set forth in the Loan Agreement, shall be and is hereby extended to November 18, 2005, as may be further extended by the Borrower, Calyon, as a Bank and as the Administrative Agent, Lloyds, as a Bank, and the Servicer. 3. This Letter may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same letter. The delivery of a signed signature page to this Letter by telecopy transmission shall constitute due execution and delivery of this Letter for all purposes. 4. Except as modified by this Letter, all of the provisions of the Loan Agreement and all of the provisions of all other documentation required to be delivered with respect thereto shall remain in full force and effect from and after the date hereof. 5. This Letter and the rights and obligations of the parties under this letter shall be governed by, and construed in accordance with, the laws of the state of New York (without giving effect to the conflict of laws principles thereof, other than Section 5-1401 of the New York General Obligations Law, which shall apply hereto). -2- IN WITNESS WHEREOF, this Letter has been duly executed and delivered by each signatory hereto and shall be effective as of the date hereof. CALYON NEW YORK BRANCH, as Administrative Agent and as a Bank By: /s/ Kostantina Kourmpetis -------------------------------------- Name: Kostantina Kourmpetis Title: Managing Director By: /s/ Anthony Brown -------------------------------------- Name: Anthony Brown Title: Vice President Agreed and Accepted as of the date first above noted: AHM SPV I, LLC, as Borrower By: /s/ Alan Horn --------------------------------- Name: Alan Horn Title: Secretary AMERICAN HOME MORTGAGE CORP., as Servicer By: /s/ Alan Horn -------------------------------- Name: Alan Horn Title: EVP, General Counsel and Secretary LLOYDS TSB BANK PLC, as a Bank By: /s/ Michelle White -------------------------------- Name: Michelle White Title: Assistant Vice President Structured Finance By: /s/ Ian Dimmock -------------------------------- Name: Ian Dimmock Title: Vice President Structured Finance