Common use of Representations, Warranties and Covenants of the Borrowers Clause in Contracts

Representations, Warranties and Covenants of the Borrowers. Section 5.01 Representations and Warranties 10 Section 5.02 Additional Representations, Warranties and Covenants of the Closing Date Borrowers 10 Section 5.03 Amendments to the Loan Agreement Schedules 12 Section 6.01 Manner of Prepayment 13 Section 6.02 Principal Place of Business 13 Section 6.03 Performance of Agreements and Leases 13 Section 6.04 Ground Leases 13 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments 15 Section 7.01 Consent by Lender 16 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 This FIFTH LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is dated as of August 9, 2012, and entered into by and among SBA PROPERTIES, INC., a Florida corporation (“SBA Properties”), SBA SITES, INC., a Florida corporation (“SBA Sites”), SBA STRUCTURES, INC., a Florida corporation (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA Monarch”, and collectively with SBA Infrastructure and SBA USVI II, the “Additional Borrowers” and collectively, with the Existing Borrowers, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a Midland Loan Services, Inc.), as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association), as trustee (the “Trustee”) under that certain Trust and Servicing Agreement (the “Trust Agreement”) dated as of November 18, 2005 among SBA DEPOSITOR LLC (f/k/a SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.

Representations, Warranties and Covenants of the Borrowers. Section 5.01 4.01 Representations and Warranties 10 Warranties. 6 Section 5.02 Additional Representations, Warranties 4.02 Amendments to Exhibits and Covenants of the Closing Date Borrowers 10 Section 5.03 Amendments Schedules to the Loan Agreement Schedules 12 Agreement. 6 ARTICLE V Section 5.01 Governing Law. 7 Section 5.02 Severability. 7 Section 5.03 Counterparts. 7 ARTICLE VI Section 6.01 Manner Applicability. 7 Table of Prepayment 13 Section 6.02 Principal Place of Business 13 Section 6.03 Performance of Agreements and Leases 13 Section 6.04 Ground Leases 13 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments 15 Section 7.01 Consent by Lender 16 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 This FIFTH Contents SEVENTH LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is ), dated as of August 9May 14, 20122021, and entered into by and among SBA PROPERTIES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Properties”), SBA SITES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Sites”), SBA STRUCTURES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA MonarchMonarch III”), SBA 2012 TC ASSETS PR, LLC, a Delaware limited liability company (“SBA TC PR”), SBA 2012 TC ASSETS, LLC, a Delaware limited liability company (“SBA TC”), SBA TOWERS IV, LLC, a Delaware limited liability company (“SBA Towers IV”), SBA MONARCH TOWERS I, LLC, a Delaware limited liability company (“SBA Monarch I”), SBA TOWERS USVI, INC., a U.S. Virgin Islands corporation (“SBA USVI”), SBA GC TOWERS, LLC, a Delaware limited liability company (“SBA GC”), SBA TOWERS VII, LLC, a Delaware limited liability company (“SBA Towers VII”), SBA TOWERS V, LLC, a Delaware limited liability company (“SBA Towers V”) and SBA TOWERS VI, LLC, a Delaware limited liability company (“SBA Towers VI” and, collectively with SBA Infrastructure Properties, SBA Sites, SBA Structures, SBA Infrastructure, SBA Monarch III, SBA TC PR, SBA TC, SBA Towers IV, SBA Monarch I, SBA USVI, SBA GC, SBA Towers VII and SBA USVI II, the “Additional Borrowers” and collectively, with the Existing BorrowersTowers V, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a Midland Loan Services, Inc.)ASSOCIATION, as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association)AMERICAS, as trustee (the “Trustee”) under that certain Amended and Restated Trust and Servicing Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Trust Agreement”) dated as of November 18October 15, 2005 2014 among SBA DEPOSITOR LLC (f/k/a SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.

Representations, Warranties and Covenants of the Borrowers. Section 5.01 4.01 Representations and Warranties 10 Warranties. 6 Section 5.02 Additional Representations, Warranties 4.02 Amendments to Exhibits and Covenants of the Closing Date Borrowers 10 Section 5.03 Amendments Schedules to the Loan Agreement Schedules 12 Agreement. 6 Section 5.01 Definitions. 7 Section 5.02 Interest. 7 Section 5.03 Payment of Principal and Interest. 7 Section 5.04 Prepayment. 7 Section 5.05 Event of Default. 8 Section 5.06 Cash Management Agreement. 8 Section 6.01 Manner of Prepayment 13 Governing Law. 8 Section 6.02 Principal Place of Business 13 Severability. 8 Section 6.03 Performance of Agreements and Leases 13 Section 6.04 Ground Leases 13 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments 15 Counterparts. 8 Section 7.01 Consent by Lender 16 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 This FIFTH Applicability. 8 THIRD LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is ), dated as of August 9April 17, 20122017, and entered into by and among SBA PROPERTIES, INC., a Florida corporation LLC (“SBA Properties”), SBA SITES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Sites”), SBA STRUCTURES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA MonarchMonarch III”), SBA 2012 TC ASSETS PR, LLC, a Delaware limited liability company (“SBA TC PR”), SBA 2012 TC ASSETS, LLC, a Delaware limited liability company (“SBA TC”), SBA TOWERS IV, LLC, a Delaware limited liability company (“SBA Towers IV”), SBA MONARCH TOWERS I, LLC, a Delaware limited liability company (“SBA Monarch I”), SBA TOWERS USVI, INC., a U.S. Virgin Islands corporation (“SBA USVI”), SBA GC TOWERS, LLC, a Delaware limited liability company (“SBA GC”), SBA TOWERS VII, LLC, a Delaware limited liability company (“SBA Towers VII”), SBA TOWERS V, LLC, a Delaware limited liability company (“SBA Towers V”) and SBA TOWERS VI, LLC, a Delaware limited liability company (“SBA Towers VI” and, collectively with SBA Infrastructure Properties, SBA Sites, SBA Structures, SBA Infrastructure, SBA Monarch III, SBA TC PR, SBA TC, SBA Towers IV, SBA Monarch I, SBA USVI, SBA GC, SBA Towers VII and SBA USVI II, the “Additional Borrowers” and collectively, with the Existing BorrowersTowers V, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a Midland Loan Services, Inc.)ASSOCIATION, as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association)AMERICAS, as trustee (the “Trustee”) under that certain Amended and Restated Trust and Servicing Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Trust Agreement”) dated as of November 18October 15, 2005 2014 among SBA DEPOSITOR LLC (f/k/a SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.

Representations, Warranties and Covenants of the Borrowers. Section 5.01 Representations and Warranties 10 11 Section 5.02 Additional Representations, Warranties and Covenants of the Closing Date Borrowers 10 11 Section 5.03 Amendments to the Loan Agreement Schedules 12 13 Section 6.01 Manner of Prepayment 13 Fifth Loan Supplement 14 Section 6.02 Principal Place of Business 13 Management Fee Rate 14 Section 6.03 Performance Components of Agreements and Leases 13 Loan Increases 14 Section 6.04 Ground Leases 13 Mergers 14 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments Effective Upon Retirement of the Existing Components 15 Section 7.01 Consent by Lender 16 Governing Law 20 Section 7.02 Severability 21 Section 7.03 Counterparts 21 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 21 This FIFTH SIXTH LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is dated as of August 9April 18, 20122013, and entered into by and among SBA PROPERTIES, INC.LLC (successor to SBA Properties, Inc.), a Florida corporation Delaware limited liability company (“SBA Properties”), SBA SITES, INC.LLC (successor to SBA Sites, Inc.), a Florida corporation Delaware limited liability company (“SBA Sites”), SBA STRUCTURES, INC.LLC (successor to SBA Structures, Inc.), a Florida corporation Delaware limited liability company (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing 2010 Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA Monarch”Monarch III” and, and collectively with SBA Infrastructure and SBA USVI II, the “SBA III Borrowers” and, collectively with the 2010 Borrowers, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA 2012 TC Assets PR, LLC, a Delaware limited liability company (“SBA TC PR”), SBA 2012 TC Assets, LLC, a Delaware limited liability company (“SBA TC”), SBA Towers IV, LLC, a Delaware limited liability company (“SBA Towers IV”), SBA Monarch Towers I, LLC, a Delaware limited liability company (“SBA Monarch I”) and SBA Towers USVI, Inc., a U.S. Virgin Islands corporation (“SBA USVI” and, collectively with SBA TC PR, SBA TC, SBA Towers IV and SBA Monarch I, the “Additional Borrowers” and collectivelyand, collectively with the Existing Borrowers, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a formerly known as Midland Loan Services, Inc.), as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association), as trustee (the “Trustee”) under that certain Trust and Servicing Agreement (the “Trust Agreement”) dated as of November 18, 2005 among SBA DEPOSITOR LLC (f/k/a formerly known as SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.

Representations, Warranties and Covenants of the Borrowers. Section 5.01 Representations and Warranties 10 Warranties. 9 Section 5.02 Additional Representations, Warranties Amendments to Exhibits and Covenants of the Closing Date Borrowers 10 Section 5.03 Amendments Schedules to the Loan Agreement Schedules Agreement. 9 Section 6.01 Definitions. 9 Section 6.02 Servicing/Special Servicing. 10 Section 6.03 Advance Rents Reserve. 11 Section 6.04 Cash Management Agreement. 11 Section 7.01 Governing Law. 11 Section 7.02 Severability. 12 Section 6.01 Manner of Prepayment 13 Section 6.02 Principal Place of Business 13 Section 6.03 Performance of Agreements and Leases 13 Section 6.04 Ground Leases 13 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments 15 Section 7.01 Consent by Lender 16 7.03 Counterparts. 12 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 This FIFTH Applicability. 12 FIRST LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is ), dated as of August 9October 14, 20122015, and entered into by and among SBA PROPERTIES, INC., a Florida corporation LLC (“SBA Properties”), SBA SITES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Sites”), SBA STRUCTURES, INC.LLC, a Florida corporation Delaware limited liability company (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA MonarchMonarch III”), SBA 2012 TC ASSETS PR, LLC, a Delaware limited liability company (“SBA TC PR”), SBA 2012 TC ASSETS, LLC, a Delaware limited liability company (“SBA TC”), SBA TOWERS IV, LLC, a Delaware limited liability company (“SBA Towers IV”), SBA MONARCH TOWERS I, LLC, a Delaware limited liability company (“SBA Monarch I”), SBA TOWERS USVI, INC., a U.S. Virgin Islands corporation (“SBA USVI”), SBA GC TOWERS, LLC, a Delaware limited liability company (“SBA GC”), and SBA TOWERS VII, LLC, a Delaware limited liability company (“SBA Towers VII” and, collectively with SBA Infrastructure Properties, SBA Sites, SBA Structures, SBA Infrastructure, SBA Monarch III, SBA TC PR, SBA TC, SBA Towers IV, SBA Monarch I, SBA USVI and SBA USVI IIGC, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA TOWERS V, LLC, a Delaware limited liability company (“SBA Towers V”) and SBA TOWERS VI, LLC, a Delaware limited liability company (“SBA Towers VI” and together with SBA Towers V, the “Additional Borrowers” and collectivelyand, collectively with the Existing Borrowers, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a Midland Loan Services, Inc.)ASSOCIATION, as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association)AMERICAS, as trustee (the “Trustee”) under that certain Amended and Restated Trust and Servicing Agreement (the “Trust Agreement”) dated as of November 18October 15, 2005 2014 among SBA DEPOSITOR LLC (f/k/a SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.

Representations, Warranties and Covenants of the Borrowers. Section 5.01 Representations and Warranties 10 11 Section 5.02 Additional Representations, Warranties and Covenants of the Closing Date Borrowers 10 11 Section 5.03 Amendments to the Loan Agreement Schedules 12 13 Section 6.01 Manner of Prepayment 13 Fifth Loan Supplement 14 Section 6.02 Principal Place of Business 13 Management Fee Rate 14 Section 6.03 Performance Components of Agreements and Leases 13 Loan Increases 14 Section 6.04 Ground Leases 13 Mergers 14 Section 6.05 Easements 13 Section 6.06 Cash Trap Reserve 14 Section 6.07 Definitions 14 Section 6.08 Conditional Amendments Effective Upon Retirement of the Existing Components 15 Section 7.01 Consent by Lender 16 Governing Law 20 Section 7.02 Severability 21 Section 7.03 Counterparts 21 Section 8.01 Governing Law 16 Section 8.02 Severability 17 Section 8.03 Counterparts 17 Section 9.01 Applicability 17 21 This FIFTH SEVENTH LOAN AND SECURITY AGREEMENT SUPPLEMENT AND AMENDMENT (this “Loan Agreement Supplement”) is dated as of August 9April 18, 20122013, and entered into by and among SBA PROPERTIES, INC.LLC (successor to SBA Properties, Inc.), a Florida corporation Delaware limited liability company (“SBA Properties”), SBA SITES, INC.LLC (successor to SBA Sites, Inc.), a Florida corporation Delaware limited liability company (“SBA Sites”), SBA STRUCTURES, INC.LLC (successor to SBA Structures, Inc.), a Florida corporation Delaware limited liability company (“SBA Structures” and, collectively with SBA Properties and SBA Sites, the “Existing 2010 Borrowers” and, each individually, an “Existing Borrower”), SBA INFRASTRUCTURE, LLC, a Delaware limited liability company (“SBA Infrastructure”), SBA TOWERS USVI II, INC., a Florida corporation (“SBA USVI II”), SBA MONARCH TOWERS III, LLC, a Delaware limited liability company (“SBA Monarch”Monarch III” and, and collectively with SBA Infrastructure and SBA USVI II, the “SBA III Borrowers” and, collectively with the 2010 Borrowers, the “Existing Borrowers” and, each individually, an “Existing Borrower”), SBA 2012 TC Assets PR, LLC, a Delaware limited liability company (“SBA TC PR”), SBA 2012 TC Assets, LLC, a Delaware limited liability company (“SBA TC”), SBA Towers IV, LLC, a Delaware limited liability company (“SBA Towers IV”), SBA Monarch Towers I, LLC, a Delaware limited liability company (“SBA Monarch I”) and SBA Towers USVI, Inc., a U.S. Virgin Islands corporation (“SBA USVI” and, collectively with SBA TC PR, SBA TC, SBA Towers IV and SBA Monarch I, the “Additional Borrowers” and collectivelyand, collectively with the Existing Borrowers, the “Closing Date Borrowers” and, each individually, a “Closing Date Borrower”), and MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION (f/k/a formerly known as Midland Loan Services, Inc.), as servicer (the “Servicer”), on behalf of DEUTSCHE BANK TRUST COMPANY AMERICAS (as successor trustee to Bank of America, N.A. successor trustee by merger to LaSalle Bank National Association), as trustee (the “Trustee”) under that certain Trust and Servicing Agreement (the “Trust Agreement”) dated as of November 18, 2005 among SBA DEPOSITOR LLC (f/k/a formerly known as SBA CMBS-1 Depositor LLC) (the “Depositor”), the Servicer and the Trustee.