INDEMNIFICATION AGREEMENTIndemnification Agreement • June 8th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 20 , by and between Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 10th, 2004 • Spirit Finance Corp • New York
THIS REGISTRATION RIGHTS AGREEMENT (this "Agreement") is made and entered into as of December 17, 2003, by and between Spirit Finance Corporation, a Maryland corporation (the "Company") and Banc of America Securities LLC, a Delaware corporation limited liability company ("BAS") for the benefit of BAS and the Holders (as defined below).
Spirit Finance Corporation Underwriting AgreementUnderwriting Agreement • January 31st, 2006 • Spirit Finance Corp • Real estate investment trusts • New York
Spirit Finance Corporation, a corporation organized under the laws of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the number of shares of Common Stock, $ 0.01 par value (“Common Stock”), of the Company set forth in Schedule I hereto (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to the number of additional shares of Common Stock set forth in Schedule I hereto to cover over-allotments (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives a
SPIRIT REALTY CAPITAL, INC. AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 17th, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”), dated as of July 17, 2013, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Thomas H. Nolan, Jr. (the “Employee”). This Agreement amends and restates in its entirety the Original Agreement (as defined below) and shall be effective as of the Amended Effective Date (as defined below).
AMENDED AND RESTATED EMPLOYMENT AGREEMENT BETWEEN MICHAEL T. BENNETT AND SPIRIT FINANCE CORPORATIONEmployment Agreement • October 19th, 2006 • Spirit Finance Corp • Real estate investment trusts • Arizona
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), dated as of October 16, 2006 (“Effective Date”), is by and between SPIRIT FINANCE CORPORATION, a Maryland corporation (the “Company”), and MICHAEL T. BENNETT (the “Executive”):
•] Shares SPIRIT CAPITAL REALTY, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • June 8th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
Spirit Capital Realty, Inc., a Maryland corporation (the “Company”), and Spirit Finance Acquisitions, LLC, a Delaware limited liability company, that will convert into Spirit Realty, L.P., a Delaware limited partnership, on or prior to the Closing Date (as defined in Section 4) (the “Operating Partnership”), each confirms its agreement with Morgan Stanley & Co. LLC (“Morgan Stanley”), Macquarie Capital (USA) Inc., UBS Securities LLC, Deutsche Bank Securities Inc. and RBC Capital Markets, LLC as representatives (the “Representatives”) of the several underwriters named in Schedule I hereto (the “Underwriters”) with respect to the proposed issuance and sale of [•] shares of the Company’s common stock, $0.01 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional [•] shares of its common stock, $0.01 par value per share (the “Additional Shares”), if and to the extent that you, as Representatives of the Und
AMENDED AND RESTATED CREDIT AGREEMENT among SPIRIT FINANCE CORPORATION, REDFORD HOLDCO, LLC, as Holdings and a Guarantor, THE OTHER GUARANTORS PARTY HERETO, SPV PURCHASER, THE LENDERS FROM TIME TO TIME PARTIES HERETO, and WILMINGTON TRUST COMPANY, as...Credit Agreement • May 8th, 2012 • Spirit Finance Corp • Real estate investment trusts • New York
AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of July 8, 2011, among SPIRIT FINANCE CORPORATION, a Maryland corporation and a real estate investment trust (as successor by merger to REDFORD MERGER CO., the “Company”), REDFORD HOLDCO, LLC, a Delaware limited liability company (“Holdings”), the Subsidiary Guarantors (this and each other capitalized term used herein without definition having the meaning assigned to such term in Section 1.1), the SPV Purchaser, the several banks and other financial institutions or entities from time to time parties to this Agreement, and WILMINGTON TRUST COMPANY “WTC”, as successor to Credit Suisse, Cayman Islands Branch, (“Credit Suisse”), as Administrative Agent and as Collateral Agent.
VOTING AGREEMENTVoting Agreement • January 23rd, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Maryland
This Voting Agreement (this “Agreement”) is made and entered into as of January 22 2013, by and among Cole Credit Property Trust II, Inc., a Maryland corporation (“Cole”), Cole Operating Partnership II, LP, a Delaware limited partnership (“Cole Operating Partnership”, and together with Cole, the “Cole Parties”), and the undersigned stockholder (the “Stockholder”) of Spirit Realty Capital, Inc., a Maryland corporation (“Spirit”).
U.S. $100,000,000 CREDIT AGREEMENT dated as of September 25, 2012 among SPIRIT REALTY, L.P., as the Borrower, VARIOUS FINANCIAL INSTITUTIONS, as the Lenders, and DEUTSCHE BANK AG NEW YORK BRANCH, as the Administrative Agent DEUTSCHE BANK SECURITIES...Credit Agreement • September 28th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts
THIS CREDIT AGREEMENT, dated as of September 25, 2012, is between SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as the administrative agent (in such capacity, the “Administrative Agent”) and the various financial institutions as are or may become parties hereto (together with DBNY, collectively the “Lenders” and individually, a “Lender”).
Morgan Stanley & Co. LLC New York, New York 10036 Macquarie Capital (USA) Inc. New York, New York 10019 UBS Securities LLC New York, New York 10171 Deutsche Bank Securities Inc. New York, New York 10005 RBC Capital Markets, LLC Three World Financial...Spirit Realty Capital, Inc. • September 10th, 2012 • Real estate investment trusts • New York
Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and Spirit Finance Acquisitions, LLC, a Delaware limited liability company, that will convert into Spirit Realty, L.P., a Delaware limited partnership, on or prior to the Closing Date (as defined in Section 4) (the “Operating Partnership”), each confirms its agreement with Morgan Stanley & Co. LLC (“Morgan Stanley”), Macquarie Capital (USA) Inc., UBS Securities LLC, Deutsche Bank Securities Inc. and RBC Capital Markets, LLC as representatives (the “Representatives”) of the several underwriters named in Schedule I hereto (the “Underwriters”) with respect to the proposed issuance and sale of [—] shares of the Company’s common stock, $0.01 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional [—] shares of its common stock, $0.01 par value per share (the “Additional Shares”), if and to the extent that you, as Representatives of the Und
LOAN AGREEMENT Dated as of July 17, 2013 between SPIRIT SPE LOAN PORTFOLIO 2013-3, LLC, as Borrower and BARCLAYS BANK PLC as LenderLoan Agreement • July 17th, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of July 17, 2013 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BARCLAYS BANK PLC, a public company registered in England and Wales having an address at 745 Seventh Avenue, New York, New York 10019 (“Barclays” or “Lender”) and SPIRIT SPE LOAN PORTFOLIO 2013-3, LLC, a Delaware limited liability company, having its principal place of business at 16767 N. Perimeter Drive, Suite 210, Scottsdale, Arizona 85260-1042 (“Borrower”).
LOAN AGREEMENT Dated as of April 27, 2007 Between SPIRIT SPE PORTFOLIO 2007-2, LLC, as Borrower and BARCLAYS CAPITAL REAL ESTATE INC., as LenderLoan Agreement • November 10th, 2011 • Spirit Finance Corp • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of April 27, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, having its principal place of business at 200 Park Avenue, New York, New York 10166 (“Lender”) and SPIRIT SPE PORTFOLIO 2007-2, LLC, a Delaware limited liability company, having an address at 14631 N. Scottsdale Rd. Suite 200, Scottsdale, Arizona 85254 (“Borrower”).
Spirit Finance Corporation [ ] Shares Common Stock FORM OF UNDERWRITING AGREEMENT Dated December [ ], 2004 Banc of America Securities LLC Citigroup Global Markets Inc.Underwriting Agreement • December 13th, 2004 • Spirit Finance Corp • Real estate investment trusts • New York
BANC OF AMERICA SECURITIES LLC CITIGROUP GLOBAL MARKETS INC. As Representatives of the several Underwriters c/o BANC OF AMERICA SECURITIES LLC 9 West 57th Street New York, NY 10019
AGREEMENT OF LIMITED PARTNERSHIP OF SPIRIT REALTY, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE...Agreement • September 28th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF SPIRIT REALTY, L.P., dated as of September 25, 2012, is made and entered into by and among Spirit General OP Holdings, LLC, a Delaware limited liability company, as the General Partner, Spirit Realty Capital, Inc., a Maryland corporation, as the Special Limited Partner, and the Persons whose names are set forth on Exhibit A attached hereto, as limited partners, and any Additional Limited Partner that is admitted from time to time to the Partnership and listed on Exhibit A attached hereto. This Agreement shall be effective at the Effective Time.
AGREEMENTAgreement • January 23rd, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Arizona
This AGREEMENT (the “Agreement”), dated as of January 22, 2013, is made and entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (and successor to Spirit Finance Corporation) (the “Company”), and Thomas H. Nolan, Jr. (the “Executive”).
Spirit Finance Corporation Underwriting AgreementUnderwriting Agreement • December 11th, 2006 • Spirit Finance Corp • Real estate investment trusts • New York
Spirit Finance Corporation, a corporation organized under the laws of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representative”) are acting as representative, the number of shares of Common Stock, $0.01 par value per share (“Common Stock”), of the Company set forth in Schedule I hereto (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to the number of additional shares of Common Stock set forth in Schedule I hereto to cover over-allotments (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule II other than you, the term Representative as used herein shall mean you, as Underwriter, and the term Underwriters
MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 19th, 2006 • Spirit Finance Corp • Real estate investment trusts • New York
SECURITY AGREEMENTSecurity Agreement • July 17th, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
SECURITY AGREEMENT (as amended, modified or supplemented from time to time, this “Agreement”), dated as of July 17, 2013, among Spirit Realty, L.P., Spirit Realty Capital, Inc., Spirit General OP Holdings, LLC and each of the other entities listed on the signature pages hereof or that becomes a party hereto pursuant to Section 30 hereof (individually and collectively, “Grantor”) and Deutsche Bank AG New York Branch, as administrative agent (together with any successor administrative agent, the “Administrative Agent”), for the benefit of the Secured Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
AGREEMENT AND PLAN OF MERGER AMONG SPIRIT REALTY CAPITAL, INC. SPIRIT REALTY, L.P. COLE CREDIT PROPERTY TRUST II, INC. AND COLE OPERATING PARTNERSHIP II, LP DATED AS OF JANUARY 22, 2013Agreement and Plan of Merger • January 23rd, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Maryland
AGREEMENT AND PLAN OF MERGER dated as of January 22, 2013 (this “Agreement”), by and among Spirit Realty Capital, Inc., a Maryland corporation (“Spirit”), Spirit Realty, L.P., a Delaware limited partnership (“Spirit Operating Partnership” and together with Spirit, the “Spirit Parties”), Cole Credit Property Trust II, Inc., a Maryland corporation (“Cole”) and Cole Operating Partnership II, LP, a Delaware limited partnership (the “Cole Operating Partnership” and, together with Cole, the “Cole Parties”). Spirit, Spirit Operating Partnership, Cole and the Cole Operating Partnership are each sometimes referred to herein as a “Party” and collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have the meaning ascribed to such terms in Article 1.
CONSENT TO TRANSACTIONSpirit Realty Capital, Inc. • September 28th, 2012 • Real estate investment trusts
This Consent to Transaction (this “Agreement”) is entered into as of September 25, 2012, by and among SPIRIT SPE PORTFOLIO 2006-1, LLC and SPIRIT SPE PORTFOLIO 2006-2, LLC, each a Delaware limited liability company (collectively, “Borrower”), SPIRIT REALTY CAPITAL, INC.,a Maryland corporation (f/k/a Spirit Finance Corporation) (“Existing Guarantor”), SPIRIT REALTY, L.P., a Delaware limited partnership (“New Guarantor” and New Guarantor and Existing Guarantor are sometimes hereinafter referred to as “Guarantor”) and U.S. BANK NATIONAL ASSOCIATION, as trustee, successor–in-interest to Bank of America, N.A., as trustee, successor by merger to LaSalle Bank National Association, as trustee, under that certain Pooling and Servicing Agreement dated as of June 1, 2006 (the “Citigroup 2006-C4 PSA”), for the Registered Holders of Citigroup Commercial Mortgage Trust 2006-C4 Commercial Mortgage Pass-Through Certificates, Series 2006-C4 (“Noteholder Citigroup 2006-C4”), U.S. BANK NATIONAL ASSOCIATI
REGISTRATION RIGHTS AGREEMENT September 25, 2012Registration Rights Agreement • September 28th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
This REGISTRATION RIGHTS AGREEMENT (as amended or supplemented from time to time, this “Agreement”) is entered into as of September 25, 2012.
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • March 13th, 2007 • Spirit Finance Corp • Real estate investment trusts • Maryland
This AGREEMENT AND PLAN OF MERGER, dated as of March 12, 2007 (this “Agreement”), is made by and among REDFORD HOLDCO, LLC, a Delaware limited liability company (“Parent”), REDFORD MERGER CO., a Maryland corporation (“Merger Sub”), and SPIRIT FINANCE CORPORATION, a Maryland corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 9.2 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
CONSENT AND ACKNOWLEDGMENT AND EIGHTH AMENDMENT TO LOAN AGREEMENT (WBCMT 2007-C33, Loan No. 069000011) (84 Lumber)Agreement • September 28th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
THIS CONSENT AND ACKNOWLEDGMENT AGREEMENT AND EIGHTH AMENDMENT TO LOAN AGREEMENT (this “Agreement”) is entered into as of this 25th day of September, 2012 (the “Effective Date” or the “Offering Date”), by and among U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-C33, having an address at c/o Wells Fargo Bank, N.A., Wells Fargo Commercial Mortgage Servicing, MAC D 1086-120, 550 S. Tryon Street, 14th Floor, Charlotte, NC 28202, Re: WBCMT 2007-C33, Loan No. 069000011 (“Lender”), SPIRIT SPE PORTFOLIO 2007-2, LLC, a Delaware limited liability company (“Borrower”), SPIRIT REALTY CAPITAL, INC. (f/k/a Spirit Finance Corporation), a Maryland corporation (“Existing Guarantor”), and SPIRIT REALTY, L.P., a Delaware limited partnership (“New Guarantor” and, together with Existing Guarantor, individually or collectively, as the context may require, “Guarantor”), each having an
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 9th, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Maryland
This FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of May 8, 2013, is entered into by and among Spirit Realty Capital Inc., a Maryland corporation, Spirit Realty, L.P., a Delaware limited partnership, Cole Credit Property Trust II, Inc., a Maryland corporation, and Cole Operating Partnership II, LP, a Delaware limited partnership (each, a “Party”, and collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the same meanings as set forth in the Agreement and Plan of Merger, dated as of January 22, 2013, by and among the Parties (the “Agreement”).
ContractSpirit Finance Corp • May 7th, 2007 • Real estate investment trusts
On May 31, 2006, Spirit Finance Corporation (“Spirit Finance”) acquired 178 real estate properties from SKO Group Holding Corp. (“SKO”) for $815.3 million (the “Property Acquisition”). In conjunction with the Property Acquisition, Spirit Finance entered into long-term triple-net master lease agreements with two wholly-owned subsidiaries of SKO, ShopKo Stores Operating Co., LLC (“ShopKo”) and Pamida Stores Operating Co., LLC. The master leases with these two SKO subsidiaries were initially cross-defaulted. As of December 29, 2006, the cross-default provisions were removed from the master leases in accordance with the terms of the master leases. Subsequent to the Property Acquisition, SKO changed its name to Specialty Retail Shops Holding Corp. (“Specialty Retail”) and transferred the ownership of Pamida Stores Operating Co., LLC to an affiliate of Specialty Retail.
GUARANTYGuaranty • September 28th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
THIS GUARANTY, dated as of September 25, 2012 (as amended, modified, or supplemented from time to time, this “Guaranty”), is made by the undersigned (each a, “Guarantor” and together with any other entity that becomes a party hereto pursuant to Section 23 hereof, collectively, the “Guarantors”) to and for the benefit of the “Credit Parties” (as defined herein). Except as otherwise defined herein, terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
ADVISORY AND PROPERTY MANAGEMENT MATTERS AGREEMENTAdvisory and Property Management Matters Agreement • January 23rd, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Arizona
This Advisory and Property Management Matters Agreement (this “Agreement”) is made and entered into as of January 22, 2013 (the “Execution Date”), by and between Cole REIT Advisors II, LLC, a Delaware limited liability company (the “Advisor”), Cole Realty Advisors, Inc. (f/k/a Fund Realty Advisors, Inc.), an Arizona corporation (the “Property Manager” and together with the Advisor, the “Advisor Parties”), Cole Credit Property Trust II, Inc., a Maryland corporation (the “Company”), and Cole Operating Partnership II, LP, a Delaware limited partnership (the “Company OP,” and together with the Company, the “Company Parties”). The Advisor, the Property Manager, the Company and the Company OP are each sometimes referred to herein as a “Party” and collectively as the “Parties.”
SPIRIT FINANCE CORPORATION REDFORD HOLDCO, LLC EMPLOYMENT AGREEMENTEmployment Agreement • June 8th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • Arizona
EMPLOYMENT AGREEMENT (this “Agreement”) dated as of August 4, 2011 (the “Effective Date”), by and among Spirit Finance Corporation (the “Company”), Redford Holdco, LLC (“Holdco”), and Michael Bender (the “Employee”).
OMNIBUS MODIFICATION AGREEMENTOmnibus Modification Agreement • June 8th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts • New York
THIS OMNIBUS MODIFICATION AGREEMENT (this “Agreement”) is made effective as of this [ ] day of [ ], 2012 (the “Effective Date”), by and among Spirit Master Funding, LLC, a Delaware limited liability company (“SMF”), Spirit Master Funding II, LLC, a Delaware limited liability company (“SMF II”) and Spirit Master Funding III, LLC, a Delaware limited liability company (“SMF III”; and collectively with SMF and SMF II, the “Issuers”), Spirit Realty Capital, Inc., a Maryland corporation (formerly known as Spirit Finance Corporation) (“Spirit”), Spirit Realty, L.P., a Delaware limited partnership (as successor by conversion to Spirit Finance Acquisitions, LLC, a Delaware limited liability company) (“Spirit LP”), Midland Loan Services, a Division of PNC Bank, National Association (“Midland”), Ambac Assurance Corporation, a Wisconsin-domiciled stock insurance corporation (the “Insurer”), Citibank, N.A., a national banking association (the “Indenture Trustee”), Spirit Property Holdings, LLC, a D
SPIRIT FINANCE CORPORATION REDFORD HOLDCO, LLC AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • November 8th, 2012 • Spirit Realty Capital, Inc. • Real estate investment trusts
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of August 29, 2011, by and among Spirit Finance Corporation (the “Company”), Redford Holdco, LLC (“Holdco”), and Thomas H. Nolan, Jr. (the “Employee”).
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 10th, 2011 • Spirit Finance Corp • Real estate investment trusts • Delaware
This AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT (this “Amendment”) is made as of August 22, 2011 and effective as of July 28, 2011, by and between Spirit Finance Corporation, a Maryland corporation (“Buyer”), and Spirit Finance Capital Management, LLC, a Delaware limited liability company (“Seller”), and this Amendment amends that certain Asset Purchase Agreement, dated as of June 30, 2011, by and between Buyer and Seller (the “Asset Purchase Agreement”). Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Asset Purchase Agreement.
LOAN AGREEMENT Dated as of May 31, 2006 Between EACH OF THE PARTIES SET FORTH ON EXHIBIT A individually and collectively, as the context may require, as BorrowerLoan Agreement • June 6th, 2006 • Spirit Finance Corp • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of May 31, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, having its principal place of business at 200 Park Avenue, New York, New York 10166 and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having its principal place of business at 388 Greenwich Street, New York, New York 10013 (individually and collectively, as the context may require, “Lender”) and each of the parties set forth on Exhibit A attached hereto, each having an address at c/o Spirit Finance Corporation, at 14631 N. Scottsdale Rd. Suite 200, Scottsdale, Arizona 85254 (individually and collectively, as the context may require, “Borrower”).
SPIRIT MASTER FUNDING, LLC as Issuer, andManagement and Servicing Agreement • March 21st, 2006 • Spirit Finance Corp • Real estate investment trusts • New York
that are required to be deposited into the Release Account or the Collection Account pursuant to Section 3.04(a) of the Property Management Agreement have been or will be so deposited.
MASTER LEASE between SPIRIT SPE PORTFOLIO 2006-1, LLC and SPIRIT SPE PORTFOLIO 2006-2, LLC, Landlord, and SHOPKO STORES OPERATING CO., LLC, Tenant, Dated: May 31, 2006Lease Agreement • June 6th, 2006 • Spirit Finance Corp • Real estate investment trusts
THIS MASTER LEASE (hereinafter, this “Lease”) is made and entered into as of the 31st day of May 2006 (the “Effective Date”), by and between SPIRIT SPE PORTFOLIO 2006-1, LLC and SPIRIT SPE PORTFOLIO 2006-2, LLC, each a Delaware limited liability company (hereinafter, collectively, “Landlord”), and SHOPKO STORES OPERATING CO., LLC, a Delaware limited liability company (hereinafter “Tenant”).
AGREEMENTAgreement • January 23rd, 2013 • Spirit Realty Capital, Inc. • Real estate investment trusts • Arizona
This AGREEMENT (the “Agreement”), dated as of January 22, 2013, is made and entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (and successor to Spirit Finance Corporation) (the “Company”), and Mark Manheimer (the “Executive”).
