Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Signature: Signer’s Name: Title or Capacity: Date: Account Party Name: Signature: Signer’s Name: Title or Capacity: Date: KeyBank National Association, as Agent 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: Xxxxx Xxxxxxxx Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of January 29, 2016 (as the same may hereafter be amended, the “Credit Agreement”) by and among Four Springs Capital Trust Operating Partnership, L.P. (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3(a), §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.
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Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Signature: Signer’s Name: Title or Capacity: Date: Account Party Name: Signature: Signer’s Name: Title or Capacity: Date: KeyBank National AssociationThe undersigned HPT MANAGEMENT SERVICES LLC, a Texas limited liability company (the “Manager”), which manages certain real properties commonly known as Agent 0000 Xxxxxxxxx Three Xxxxxxxx Place located at 000 Xxxxxxxx Xxxxxxx, Houston, Texas, Centreport Office Center located at 14760-14770 Trinity Boulevard, Fort Worth, Texas, Woodcrest Corporate Center (Junior) located at 000 Xxxxxxxxx, Xxxxxx Xxxx, N.E.Xxx Xxxxxx, Suite 1550 Atlanta0000 Xxxx Xxxxxx located at 0000 Xxxx Xxxxxx, Georgia 30328 Attention: Xxxxxxxxxxxx, Xxxxxxxxxxxx, and 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx Ladies (collectively, the “Property”) on behalf of TIER REIT, INC., a Maryland corporation (formerly known as Behringer Harvard REIT I, Inc.) (“Parent”), TIER OPERATING PARTNERSHIP LP, a Texas limited partnership (formerly known as Behringer Harvard Operating Partnership I LP) (“Borrower”), BEHRINGER HARVARD XXXXXXXX LAND LP, a Texas limited partnership (“Eldridge”), BEHRINGER HARVARD CENTREPORT OFFICE LP, a Texas limited partnership (“Centreport”), BEHRINGER HARVARD WOODCREST IV, LLC, a Delaware limited liability company (“Woodcrest IV”), WOODCREST ROAD ASSOCIATES II, LLC, a Delaware limited liability company (“Woodcrest Road”), ARCH 1650 PARTNERS, L.P., a Delaware limited partnership (“Arch 1650”), ONE FINANCIAL PLACE PROPERTY LLC, a Delaware limited liability company (“One Financial Place”), OFP ILLINOIS SERVICES LLC, a Delaware limited liability company (“OFP Operating Lessee”), respectively (One Financial Place, OFP Operating Lessee, Centreport, Arch 1650, Eisenhower, Woodcrest IV, Woodcrest Road and Gentlemen: Reference Xxxxxxxx Land are hereinafter referred to collectively as “Subsidiary Guarantors”; Parent, Borrower and the Subsidiary Guarantors are hereinafter collectively referred to as the “Owner”) acknowledges that this Amended and Restated Assignment and Subordination of Management Agreement (this “Agreement”) is made being executed and delivered to satisfy a certain obligation of Tier Operating Partnership LP, a Texas limited partnership (formerly known as Behringer Harvard Operating Partnership I LP) (the “Borrower”) set forth in that certain Amended and Restated Credit Agreement dated as of January 29even date herewith (together with all supplements, 2016 (amendments and restatements thereto, herein referred to as the same may hereafter be amended, the “Credit Loan Agreement”) by and among Four Springs Capital Trust Operating PartnershipBorrower, L.P. KEYBANK NATIONAL ASSOCIATION, a national banking association (the “BorrowerKeyBank”), KeyBank National Association individually and as Agent (“Agent”) for itself and as Agent, and the other Lenders lending institutions from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit AgreementLoan Agreement (collectively, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet DateLenders”). Such financial statements Any capitalized terms used herein but not defined herein shall have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3(a), §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, same meanings as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted ascribed to them in the best good faith estimate Loan Agreement. Owner and Manager hereby agree with Agent as follows:
1. The Manager acknowledges and understands that this Agreement is being executed and delivered to satisfy a certain obligation of REIT to give effect Borrower pursuant to the making of a LoanLoan Agreement.
2. For purposes hereof, issuance of a Letter of Credit“Management Agreement” shall mean that certain Sixth Amended and Restated Property Management Agreement dated August 31, acquisition or disposition of property or 2012 by and among Parent, Borrower and Manager, together with all other event that occasions the preparation of this certificate; permitted amendments and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect supplements thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.
Appears in 1 contract
Samples: Credit Agreement (Tier Reit Inc)
Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s NameName typed: Title or Capacity: Date: Account Party NameName typed: Signature: Signer’s NameName typed: Title or Capacity: Date: KeyBank National Association, as Agent 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: Xxxxx Xxxxxxxx Xxx Xxxxxxx Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of January 29March 1, 2016 2017 (as the same may hereafter be amended, the “Credit Agreement”) by and among Four Springs Capital Trust Operating Partnership, L.P. Condor Hospitality Limited Partnership (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3(a)5.3, §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.
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Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Signature: Signer’s NameName typed: Title or Capacity: Date: Account Party NameName typed: Signature: Signer’s NameName typed: Title or Capacity: Date: KeyBank National Association, as Agent 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: Xxxxx Xxxxxxxx Tayven Hike Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of January 29March 30, 2016 2017 (as the same may hereafter be amended, the “Credit Agreement”) by and among Four Springs Capital Trust Operating PartnershipMonogram Residential Facility I, L.P. LLC, a Delaware limited liability company (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT Borrower for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT Borrower at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d2.11(v), §5.3(a), §5.5(b)5.4, §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT Borrower as of the Balance Sheet Date adjusted in the best good faith estimate of REIT Borrower to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT Borrower of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.
Appears in 1 contract
Samples: Credit Agreement (Monogram Residential Trust, Inc.)
Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name: Signature: Signer’s Name: Title or Capacity: Date: Account Party Name: Signature: Signer’s Name: Title or Capacity: Date KeyBank National Association Application for Amendment to Standby Letter of Credit To: Standby Letter of Credit Services 4900 Xxxxxxxx, 1’1 floor Xxxxxxxxx, Xxxx 00000-0000 Mailcode: OH-01-49-1003 Fax Number: (000) 000-0000 Date: Amendment#: Please amend by: 0 Swift (Advising Bank Swift Address) (Note: 11 II l’l!lflll!.\”1.\’ will be sent t•iu Courier unless otlumvise indicated.) 0 Extend Expiration Date to: 0 Increase 10 Decrease 0 Change Address New Address: (No P.O. Boxes) 0 Beneficiary 0 Applicant I By:$ I Letter of Credit#: I New Total: $ Appllcnnt shnll keep nnd mnintain Demand Deposit Account No. __ _ nt all limes. Key Bank is authorized to debit the Xxxxxx Deposit Account or any successor account to pay any amounts which become due by Applicant in connection with the Letter of Cr edit, including any fees charged to Applicant or the amount of any draw(s) mnde under the Letter of Cr edit by the Beneficiary. 0 Add 0 Delete The following documentary requirement(s) I special instruction(s): 0 Other: We understand that amendments to Irrevocable Standby Letters of Credit are subject to acceptance by the beneficiary. All other terms and conditions of the original Letter of Credit, the Application for the same, and the Agreement for Standby Letters of Credit and Security Agreement remain unchanged. This application shall include revisions of the terminology set forth above as you deem necessary. Applicant Name: Authorized Signature: Title/Phone Number: Authorized Signature: Title/Phone Number: KeyBank National Association, as Agent 0000 Xxxxxxxxx Xxxx, N.E., Suite 1550 Atlanta, Georgia 30328 AttentionAttn: Xxxxx Xxxxxxxx Tayven Hike Ladies and Gentlemen: Reference is made to that certain the Second Amended and Restated Credit Agreement dated as of January 29October 15, 2016 2015 (as the same may hereafter be amended, the “Credit Agreement”) by and among Four Springs Capital Trust Operating PartnershipMid-America Apartments, L.P. (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has have most recently furnished to you) the consolidated financial statements of REIT the Borrower for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT the Borrower at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3(a), §5.5(b2.10(d), §7.4(c) ), §8.3 or §10.11 10.10 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT the Borrower as of the Balance Sheet Date adjusted in the best good faith estimate of REIT Borrower to give effect to the making of a Loan, Loan or issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT Borrower of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officerofficer or treasurer of REIT, chief executive officeracting as a general partner of the Borrower, treasurer or chief accounting another senior financial officer of the Borrower (or REIT, if this certificate is delivered by REIT on acting as general partner of the Borrower’s behalf), reasonably acceptable to Agent. The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower and Guarantors, if any, with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.
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Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s NameName typed: Title or Capacity: Date: Account Party NameName typed: Signature: Signer’s NameName typed: Title or Capacity: Date: KeyBank National Association, as Agent 0000 Xxxxxxxxx XxxxX. Xxx Xxxxx Xxxxxxxxx, N.E.Xxxxx 000 Xxxxx, Suite 1550 Atlanta, Georgia 30328 AttentionXxxxxxx 00000 Attn: Xxxxx Xxxxxxxx Xxx Xxxxxx Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement dated as of January 29February 10, 2016 2017 (as the same may hereafter be amended, the “Credit Agreement”) ), by and among Four Springs Capital Trust MedEquities Realty Operating Partnership, L.P. LP (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered therebyBorrowing Base Certificate. This certificate is submitted in compliance with requirements of §2.11(d), §5.3(a), §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in of the attachment Credit Agreement relating hereto.
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