ACADEMY SPORTS - MACON LOAN NO. 50-2854483 PROMISSORY NOTEPromissory Note • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
CREDIT AGREEMENTCredit Agreement • August 14th, 2008 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of May 23, 2008,among Cole Operating Partnership II, LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 3rd, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • 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”).
EXHIBIT 1.1 COLE CREDIT PROPERTY TRUST II, INC. Up to 50,000,000 Shares of Common Stock FORM OF DEALER MANAGER AGREEMENT Cole Capital Corporation 2555 East Camelback Road Suite 400 Phoenix, Arizona 85016 Ladies and Gentlemen: Cole Credit Property...Dealer Manager Agreement • June 2nd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
EXHIBIT 10.58 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONSPurchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Ohio
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 17, 2010 among COLE OPERATING PARTNERSHIP II, LP, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JP MORGAN CHASE BANK, N.A., as Syndication...Credit Agreement • March 31st, 2011 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • New York
Initially, the Applicable Rate shall be determined based upon the Leverage Ratio specified in the certificate delivered pursuant to Section 4.01(a)(viii). Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level V shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).
LOAN AGREEMENT Dated as of January 18, 2007 Between COLE AS KATY TX, LP, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as LenderLoan Agreement • March 20th, 2007 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
THIS LOAN AGREEMENT, dated as of January 18, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”) and COLE AS KATY TX, LP, a Delaware limited partnership, having its principal place of business at 2555 E. Camelback Road, Ste. 400, Phoenix, Arizona 85016 (“Borrower”).
AMENDED AND RESTATED TERM LOAN AGREEMENTTerm Loan Agreement • January 24th, 2024 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • California
THIS AMENDED AND RESTATED TERM LOAN AGREEMENT (this “Agreement”) dated as of January 22, 2024 by and among REALTY INCOME CORPORATION, a corporation formed under the laws of the State of Maryland (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF CANADA, as Joint Bookrunners, WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF CANADA, as Joint Lead Arrangers (the “Joint Lead Arrangers”), JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF C
Forward ConfirmationForward Confirmation • January 19th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Spirit Realty Capital, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below.
CREDIT AGREEMENT Dated as of March 31, 2015 by and amongCredit Agreement • April 2nd, 2015 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
THIS CREDIT AGREEMENT (this “Agreement”), dated as of March 31, 2015, is by and among SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (together with its successors or assigns, the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, and DEUTSCHE BANK SECURITIES INC., as Joint Lead Arrangers (collectively, the “Arrangers”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., JP MORGAN CHASE BANK, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK, as Documentation Agents (collectively, the “Documentation Agents”).
SPIRIT REALTY CAPITAL, INC. EMPLOYMENT AGREEMENTEmployment Agreement • June 6th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Arizona
This EMPLOYMENT AGREEMENT (this Agreement”), dated as of June 3, 2016, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Boyd Messmann (the “Employee”).
EXHIBIT 10.3 AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • September 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Delaware
AMENDED AND RESTATED TERM LOAN AGREEMENTTerm Loan Agreement • January 24th, 2024 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • California
THIS AMENDED AND RESTATED TERM LOAN AGREEMENT (this “Agreement”) dated as of January 22, 2024 by and among REALTY INCOME CORPORATION, a corporation formed under the laws of the State of Maryland (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS BANK, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Joint Bookrunners, WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS CAPITAL MARKETS, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Joint Lead Arrangers (the “Joint Lead Arrangers”), JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS BANK, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Syndication Agents (the “Syndication Agents”), and BANK O
TRADEWIND ASSOCIATES, L.P., AS SELLER AND SERIES A, LLC, AS BUYERAssignment of Purchase Agreement • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
AND SERIES C, LLC, AS BUYERAssignment of Purchase and Sale Agreement • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
SPIRIT REALTY, L.P., SPIRIT REALTY CAPITAL, INC., AS GUARANTOR, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE SIXTH SUPPLEMENTAL INDENTURE DATED AS OF MARCH 3, 2021 TO INDENTURE DATED AUGUST 18, 2016 OF 2.100% SENIOR NOTES DUE 2028Supplemental Indenture • March 3rd, 2021 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
THIS SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”) is entered into as of March 3, 2021 among Spirit Realty, L.P., a Delaware limited partnership (the “Company”), Spirit Realty Capital, Inc., a Maryland corporation, as guarantor (the “Guarantor”), and U.S. Bank National Association, as trustee (the “Trustee”).
UNDERWRITING AGREEMENTUnderwriting Agreement • April 15th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and Spirit Realty, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its respective agreements with Morgan Stanley & Co. LLC (“Morgan Stanley”), Merrill Lynch, Pierce, Fenner & Smith Incorporated, J.P. Morgan Securities LLC and Deutsche Bank Securities Inc. as representatives (the “Representatives”) of the several underwriters named in Schedule I hereto (the “Underwriters”) with respect to the proposed issuance and sale of 30,000,000 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 4,500,000 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 Underwriters shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock
BETWEENPurchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
BETWEENPurchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Maine
BETWEENPurchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
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 AND...Limited Partnership Agreement • November 5th, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Delaware
THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SPIRIT REALTY, L.P., dated as of September ___, 2014, 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.
Exhibit 10.51 SECURITY AGREEMENT THIS SECURITY AGREEMENT (this "Agreement") is made and entered into as of February 6, 2006, by and between Cole Operating Partnership II, LP, a Delaware limited partnership ("Grantor"), whose address is 2555 East...Security Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
EXHIBIT 10.19 ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALEAssignment of Agreement of Purchase and Sale • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
ASSIGNOR, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby assign all of its right, title and interest in that certain Agreement of Purchase and Sale described herein, but only as it relates to the purchase of the real property described below, to ASSIGNEE and its successors and assigns. The Agreement of Purchase and Sale is described as follows:
SECOND AMENDED AND RESTATED MASTER INDENTURE DATED AS OF MAY 20, 2014 BETWEEN SPIRIT MASTER FUNDING, LLC, AS AN ISSUER, SPIRIT MASTER FUNDING II, LLC, AS AN ISSUER, SPIRIT MASTER FUNDING III, LLC, AS AN ISSUER, ANDMaster Indenture • May 21st, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
SECOND AMENDED AND RESTATED MASTER INDENTURE, dated as of May 20, 2014, among Spirit Master Funding, LLC (an “Issuer”), Spirit Master Funding II, LLC (an “Issuer”), Spirit Master Funding III, LLC (an “Issuer” and, together with Spirit Master Funding, LLC and Spirit Master Funding II, LLC, the “Issuers”), and Citibank, N.A., a national banking association, not in its individual capacity, but solely as Indenture Trustee (the “Indenture Trustee”) under this Indenture.
SPIRIT REALTY CAPITAL, INC. EMPLOYMENT AGREEMENTEmployment Agreement • January 25th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Texas
This EMPLOYMENT AGREEMENT (this “Agreement”), dated as of January 24, 2022, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Rochelle Thomas (the “Employee”).
GUARANTYGuaranty • November 17th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
THIS GUARANTY dated as of November 17, 2022 (this “Guaranty”) executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (subject to Section 33(b) hereunder, all of the undersigned, together with such other Persons each a “Guarantor” and collectively, the “Guarantors”) in favor of JPMORGAN CHASE BANK, N.A., in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders under that certain Term Loan Agreement dated as of the date hereof, by and among Spirit Realty, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions party thereto and their permitted assignees under Section 13.5 thereof (the “Lenders”), the Administrative Agent, and the other parties thereto (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), for its benefit and the benefit of the Lend
RECITALSPurchase and Sale Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Colorado
COLE CREDIT PROPERTY TRUST II, INC. Up to 150,000,000 Shares of Common Stock FORM OF DEALER MANAGER AGREEMENTDealer Manager Agreement • April 12th, 2007 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
Cole Credit Property Trust II, Inc., a Maryland corporation (the “Company”), is registering for a public sale a maximum of 150,000,000 shares of its common stock, $0.01 par value per share (the “Offering”), of which amount 125,000,000 shares are to be offered to the public for $10.00 per share (collectively the “Shares” or the “Stock”) and 25,000,000 shares are to be offered pursuant to the Company’s distribution reinvestment plan at the higher of 95% of the estimated value of a share of our common stock, as estimated by our board of directors, or $9.50 per share. There shall be a minimum purchase by any one person of 250 Shares (except as otherwise indicated in the Prospectus or in any letter or memorandum for the Company to Cole Capital Corporation (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:
VOTING AGREEMENTVoting Agreement • January 24th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • 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. $400,000,000 CREDIT AGREEMENT dated as of July 17, 2013 among SPIRIT REALTY, L.P., as the Borrower, VARIOUS FINANCIAL INSTITUTIONS, as the Lenders, DEUTSCHE BANK AG NEW YORK BRANCH, as the Lead Arranger and Administrative Agent, BANK OF AMERICA,...Credit Agreement • July 18th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
THIS CREDIT AGREEMENT, dated as of July 17, 2013, is by and among 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”).
SECOND AMENDED AND RESTATED PROPERTY MANAGEMENT AND SERVICING AGREEMENT Dated as of May 20, 2014Property Management and Servicing Agreement • May 21st, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
This SECOND AMENDED AND RESTATED PROPERTY MANAGEMENT AND SERVICING AGREEMENT, dated as of May 20, 2014 (as amended, modified or otherwise modified, the “Agreement”), is made among Spirit Master Funding, LLC, Spirit Master Funding II, LLC, Spirit Master Funding III, LLC, and each Joining Party, each as an issuer (each, an “Issuer” and, collectively, the “Issuers”), Spirit Realty, L.P. (“Spirit Realty”), as property manager and special servicer (together with its successors in such capacities, the “Property Manager” and “Special Servicer,” respectively), and Midland Loan Services, a division of PNC Bank, National Association, as Back-Up Manager (together with its successors in such capacity, the “Back-Up Manager”).
LOAN AGREEMENT Dated as of July 17, 2013 between SPIRIT SPE LOAN PORTFOLIO 2013-2, LLC, as Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as LenderLoan Agreement • July 18th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
THIS LOAN AGREEMENT, dated as of July 17, 2013 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005 ( “GACC” or “Lender”) and SPIRIT SPE LOAN PORTFOLIO 2013-2, LLC, a Delaware limited liability company, having its principal place of business at 16767 N. Perimeter Drive, Suite 210, Scottsdale, Arizona 85260-1042 (“Borrower”).
SPIRIT REALTY CAPITAL, INC. COMMON STOCK ($0.05 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 19th, 2021 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
This Notification sets forth the terms of the agreement of [NAME OF MANAGER] (the “Manager”) with Spirit Realty Capital, Inc. (the “Company”) and Spirit Realty, L.P. relating to the sale of shares of the Company’s common stock, $0.05 par value per share, having an aggregate gross sales price of up to $500,000,000, pursuant to the equity distribution agreement between the Company, Spirit Realty, L.P., BofA Securities, Inc., BTIG, LLC, Capital One Securities, Inc., CIBC World Markets Corp., Fifth Third Securities, Inc., J.P. Morgan Securities LLC, Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Regions Securities LLC, Scotia Capital (USA) Inc., Stifel, Nicolaus & Company, Incorporated, Truist Securities, Inc., Wells Fargo Securities, LLC, Bank of America, N.A., The Bank of Nova Scotia, Canadian Imperial Bank of Commerce, JPMorgan Chase Bank, National Association, Mizuho Markets Americas LLC, Regions Bank, Royal Bank of Canada, Truist Bank and Wells Fargo Ba
BETWEENPurchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Alabama
SPIRIT REALTY CAPITAL, INC. COMMON STOCK ($0.05 PAR VALUE PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • January 19th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York
