Common use of Form of Clause in Contracts

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions This CREDIT AGREEMENT, dated as of August 1, 2007 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORS, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Form of Assignment and Assumption G Opinions This CREDIT AGREEMENT, dated as of August 1March 11, 2007 2011 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHCP, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Syndication Agent, WACHOVIA BANKXXXXXXX LYNCH, NATIONAL ASSOCIATIONPIERCE, XXXXXX & XXXXX INCORPORATED and X.X. XXXXXX SECURITIES LLC, as Documentation AgentJoint Lead Arrangers and Joint Bookrunners, CITIBANK, N.A., XXXXX FARGO BANK, N.A.N.A. and UBS LOAN FINANCE, LLC, as Co-Documentation AgentAgents, THE BANK OF NOVA SCOTIAand CREDIT SUISSE AG, as Senior Managing Agent, CALYON NEW YORK CAYMAN ISLANDS BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing AgentCREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, XXXXXXX XXXXX SACHS BANK USA, as Senior Managing AgentXXXXXX XXXXXXX BANK, N.A. and THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Form of. A Committed Loan Notice B Swing Line Loan Notice [reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions U.S. Tax Compliance Certificates H Notice of Loan Prepayment This FOURTH AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of August 1April 24, 2007 2024 (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSVENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (“Parent Borrower”), VENTAS SSL ONTARIO II, INC., an Ontario corporation (“Ventas SSL II”), VENTAS CANADA FINANCE LIMITED, an Ontario corporation (“Ventas Canada Finance Limited”), VENTAS UK FINANCE, INC., a Maryland Delaware corporation (“Ventas UK Finance”), VENTAS EURO FINANCE, LLC, a Delaware limited liability company (“Ventas Euro Finance”), and each of the entities from time to time executing a Borrower Joinder Agreement (together with the Parent Borrower, Ventas SSL II, Ventas Canada Finance Limited, Ventas UK Finance and Ventas Euro Finance, the “Borrowers” and each individually a “Borrower”), VENTAS, INC., a Delaware corporation (“Ventas”), as guarantor, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC BANK OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation AgentN.A., JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andL/C Issuers.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), GXXX HES CORP., a Delaware corporation (“Gxxx Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE KXXXX HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and WXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation (“Wxxxxx” and, collectively with OLLC, Global, Mxxxxxxx, Xxxx Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and WXXXX FARGO BANK, NATIONAL ASSOCIATION, N.A. as Documentation Agent, XXXXX FARGO Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIABNP PARIBAS, as Senior Managing AgentMUFG BANK, CALYON LTD., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1September 20, 2007 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation (the “Borrower”)corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, GXXXXXX SXXXX BANK USA, MIZUHO BANK, LTD., MXXXXX SXXXXXX SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Senior Managing AgentCo-Documentation Agents, KEY and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), XXXX HES CORP., a Delaware corporation (“Xxxx Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation (“Xxxxxx” and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, N.A. and XXXXX FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIABNP PARIBAS, as Senior Managing AgentMUFG BANK, CALYON LTD., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D D-1 Revolving Note D-2 Term Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1May 23, 2007 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHCP, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON NEW YORK CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, XXXXXXX SACHS BANK USA, MIZUHO BANK, LTD., XXXXXX XXXXXXX SENIOR FUNDING, INC., and ROYAL BANK OF CANADA, as Senior Managing AgentCo-Documentation Agents, KEY and BRANCH BANKING & TRUST COMPANY, PNC BANK, NATIONAL ASSOCIATION, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), XXXX HES CORP., a Delaware corporation (“Xxxx Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation (“Xxxxxx” and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC JPMORGAN CHASE BANK, N.A. as an L/C Issuer, BANK OF AMERICA SECURITIES LLCMONTREAL, as Joint Lead Arranger and Joint BookrunnerCAPITAL ONE, UBS SECURITIES LLCN.A., as Joint Lead ArrangerCITIZENS BANK, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation AgentN.A., JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA MUFG BANK, NATIONAL ASSOCIATIONLTD., as Documentation AgentCOOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SOCIETE GENERALE, TD BANK, N.A., and XXXXX FARGO BANK, N.A., N.A. as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, Co-Syndication Agents and SUNTRUST FIFTH THIRD BANK, SANTANDER BANK, N.A. and KEYBANK NATIONAL ASSOCIATION as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1September 20, 2007 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHEALTHPEAK PROPERTIES, INC.. (formerly known as HCP, Inc.), a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA N.A. and WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, GXXXXXX SACHS BANK USA, MIZUHO BANK, LTD., MXXXXX SXXXXXX SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Senior Managing AgentCo-Documentation Agents, KEY and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Form of. A Committed Loan Notice B Swing Line Loan Notice Note C Negotiated Rate Loan Notice Guaranty D Revolving Note E Compliance Certificate F Assignment Designated Borrower Request and Assumption G Opinions Agreement E Designated Borrower Notice This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of November 2, 2009, among XXXX GROUP USA HOLDINGS CORPORATION, a Delaware corporation, formerly known as Sims Xxxx Xxx Corporation (the “Company”), among HEALTH CARE PROPERTY INVESTORSXXXX GROUP GLOBAL TRADE CORPORATION, a Delaware corporation, successor by merger to Sims Xxxx Xxx Global Trade LLC (“Global Trade”), HNE RECYCLING LLC, a Delaware limited liability company (“HNE Recycling”), HNW RECYCLING LLC, a Delaware limited liability company (“HNW Recycling”), SIMSMETAL EAST LLC, a Delaware limited liability company, successor to Xxxx Xxxx Xxx East (General Partnership), a New York general partnership (“SHN East”), SIMSMETAL WEST LLC, a Delaware limited liability company, successor to Xxxx Xxxx Xxx West (General Partnership), a California general partnership (“SHN West”), XXXX GROUP USA CORPORATION, a Delaware corporation (“Sims USA”), METAL MANAGEMENT, INC., a Maryland Delaware corporation (“Metal Management”), MM METAL DYNAMICS HOLDINGS, INC., a Delaware corporation (“MM Dynamics”), METAL MANAGEMENT MIDWEST, INC., an Illinois corporation (“MM Midwest”), METAL MANAGEMENT OHIO, INC., an Ohio corporation (“MM Ohio”), SMM – NORTH AMERICA TRADE CORPORATION, a Delaware corporation, formerly known as Metal Management S&A Holdings, Inc. (“SMM — North America”), METAL MANAGEMENT WEST COAST HOLDINGS, INC., a Delaware corporation (“MM West Coast”), METAL MANAGEMENT PROLER SOUTHWEST, INC., a Delaware corporation (“XX Xxxxxx Southwest”), PROLER SOUTHWEST GP, INC., a Delaware corporation (“MM Southwest GP”), NAPORANO IRON & METAL, INC., a Delaware corporation (“Naporano”), METAL MANAGEMENT NORTHEAST, INC., a New Jersey corporation (“MM Northeast”), and METAL MANAGEMENT NEW HAVEN, INC., a Delaware corporation (“MM New Haven”), CIM TRUCKING, INC., an Illinois corporation (“CIM”), METAL MANAGEMENT ALABAMA, INC., a Delaware corporation (“MM Alabama”), METAL MANAGEMENT ARIZONA, L.L.C., an Arizona limited liability company (“MM Arizona”), METAL MANAGEMENT CONNECTICUT, INC., a Delaware corporation (“MM Connecticut”), METAL MANAGEMENT INDIANA, INC., an Illinois corporation (“MM Indiana”), METAL MANAGEMENT MEMPHIS, L.L.C., a Tennessee limited liability company (“MM Memphis”), METAL MANAGEMENT MISSISSIPPI, INC., a Delaware corporation (“MM Mississippi”), METAL MANAGEMENT PITTSBURGH, INC., a Delaware corporation (“MM Pittsburgh”), METAL MANAGEMENT WEST, INC., a Colorado corporation (“MM West”), NEW YORK RECYCLING VENTURES, INC., a Delaware corporation (“NY Recycling”), PROLER SOUTHWEST LP, a Texas limited partnership (“Proler Southwest”), RESERVE IRON & METAL LIMITED PARTNERSHIP, a Delaware limited partnership (“Reserve”), METAL DYNAMICS LLC, a Delaware limited liability company (“Metal Dynamics”), METAL DYNAMICS DETROIT LLC, a Delaware limited liability company (“MD Detroit”), METAL DYNAMICS INDIANAPOLIS LLC, a Delaware limited liability company (“MD Indianapolis”, and together with the Company, Global Trade, HNE Recycling, HNW Recycling, SHN East, SHN West, Sims USA, Metal Management, MM Dynamics, MM Midwest, MM Ohio, SMM - North America, MM West Coast, XX Xxxxxx Southwest, MM Southwest GP, Naporano, MM Northeast, MM New Haven, CIM, MM Alabama, MM Arizona, MM Connecticut, MM Indiana, MM Memphis, MM Mississippi, MM Pittsburgh, MM West, NY Recycling, Proler Southwest, Reserve, Metal Dynamics, MD Detroit and any additional Affiliates of the Company becoming a party hereto as provided in Section 2.12 hereof collectively, the “Designated Borrowers” and together with the Company, collectively, the “Borrowers” individually, a “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line a national banking association (the “Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC”)., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.

Form of. A Committed Loan Borrowing Notice B Swing Line Loan X X/C Certificate C Continuation/Conversion Notice C Negotiated Rate Loan Notice D D-1 Revolving Credit Note D-2 Term Note E Compliance Certificate F Assignment and Assumption G Opinions Assumption and Joinder H Sale Note This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AND GUARANTY AGREEMENT (as further amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) dated as of December 1, 2006, is among HEALTH CARE PROPERTY INVESTORSRELIANT ENERGY, INC., a Maryland Delaware corporation (the “Borrower”), the lending institutions party hereto other LOAN PARTIES referred to herein, as Guarantors, each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line LenderRevolving Credit Facility Agent, Term Facility Agent, Collateral Agent and Revolving Credit Syndication Agent, DEUTSCHE BANK AG, NEW YORK BRANCH, as Pre-Funded L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Facility Agent, BARCLAYS CAPITAL, as Joint Bookrunner Term Facility Syndication Agent and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Pre-Funded L/C Facility Syndication Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P.L.P. and XXXXXXX XXXXX CAPITAL CORPORATION, as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO BANK, N.A., as Documentation AgentAgents and Joint Book Runners for the Revolving Credit Facility, THE BANK OF NOVA SCOTIASCOTIA AND UBS LOAN FINANCE LLC, as Senior Managing AgentDocumentation Agents and Joint Book Runners for the Term Facility, CALYON NEW YORK BRANCHand ABN AMRO N.V., as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, Documentation Agent and SUNTRUST BANK, as Senior Managing Agent, andJoint Book Runner for the Pre-Funded L/C Facility.

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D Revolving [Reserved] D-1 Term A-1 Note D-2 Term A-2 Note D-3 Term A-3 Note E Compliance Certificate F Assignment and Assumption G Opinions Sustainability Metric Annual Certificate This CREDIT TERM LOAN AGREEMENT, dated as of August 122, 2007 2022 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation (the “Borrower”)corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA WXXXX FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agent, XXXXX FARGO PNC BANK, N.A., as Documentation AgentNATIONAL ASSOCIATION, THE BANK OF NOVA SCOTIA, as Senior Managing Agentand TRUIST BANK, CALYON NEW YORK BRANCHBARCLAYS BANK PLC, KEYBANK NATIONAL ASSOCIATION and MXXXXX SXXXXXX SENIOR FUNDING, INC., as Senior Managing AgentCo-Syndication Agents, KEY and MIZUHO BANK, LTD, REGIONS BANK AND TORONTO-DOMINION BANK, , CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, JPMORGAN CHASE BANK, NA,PNC BANK, NATIONAL ASSOCIATION,ROYAL BANK OF CANADA, TRUIST BANK, U.S. BANK NATIONAL ASSOCIATION,WXXXX FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, N.A., as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “"Agreement”") is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company ("OLLC"), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company ("Global"), GLOBAL MONTELLO GROUP CORP., a Delaware corporation ("Montello"), XXXX HES CORP., a Delaware corporation ("Xxxx Hes"), CHELSEA SANDWICH LLC, a Delaware limited liability company ("Chelsea LLC"), GLP FINANCE CORP., a Delaware corporation ("Finance"), GLOBAL ENERGY MARKETING LLC, a Delaware limited liability company ("GEM"), GLOBAL CNG LLC, a Delaware limited liability company ("CNG"), ALLIANCE ENERGY LLC, a Massachusetts limited liability company ("Alliance"), CASCADE XXXXX HOLDINGS LLC, an Oregon limited liability company ("Cascade") and XXXXXX EQUITIES, INC., a Maryland corporation Delaware Corporation ("Xxxxxx" and, collectively with OLLC, Global, Xxxxxxxx, Xxxx Hes, Chelsea LLC, Finance, GEM, CNG, Alliance and Cascade, the "Initial Borrowers" and each individually, an "Initial Borrower"), GLOBAL PARTNERS LP, a Delaware limited partnership (the “Borrower”"MLP"), the lending institutions party hereto each lender from time to time party hereto (each, a “Lender” and collectively, the “"Lenders”" and individually, a "Lender"), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, XXXXXXX XXXXX CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, N.A. and XXXXX FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, XXXXXXX XXXXX BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BNP PARIBAS AND MUFG BANK, LTD. as Senior Managing Agent, andCo-Documentation Agents.