Franchise Finance Corp of America Sample Contracts
AMONGCredit Agreement • March 24th, 1999 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledMarch 24th, 1999 Company Industry Jurisdiction
Standard Contracts
INDENTURE between FFCA FRANCHISE LOAN OWNER TRUST 1998-1, as Issuer andIndenture • October 9th, 1998 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledOctober 9th, 1998 Company Industry Jurisdiction
FRANCHISE FINANCE CORPORATION OF AMERICA (a Delaware corporation) 6,000,000 Shares of Common Stock PURCHASE AGREEMENTPurchase Agreement • January 29th, 1999 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledJanuary 29th, 1999 Company Industry Jurisdiction
Exhibit 99.03 AMENDED AND RESTATED NOTE PURCHASE AGREEMENT FFCA FRANCHISE LOAN OWNER TRUST 1998-1 FRANCHISE LOAN BACKED NOTES SERIES 1998-1Note Purchase Agreement • February 27th, 2001 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledFebruary 27th, 2001 Company Industry Jurisdiction
Bid Rate Note' means each promissory note of Company evidencing Bid Rate -2-Credit Agreement • February 21st, 1997 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledFebruary 21st, 1997 Company Industry Jurisdiction
andRights Agreement • April 19th, 1999 • Franchise Finance Corp of America • Real estate investment trusts • Delaware
Contract Type FiledApril 19th, 1999 Company Industry Jurisdiction
TERMINATION AGREEMENTTermination Agreement • February 16th, 1996 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledFebruary 16th, 1996 Company Industry
PROMISSORY NOTE $20,000,000.00 Dallas, Texas April 15, 1997 FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of BANK HAPOALIM B.M., SAN FRANCISCO...Promissory Note • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledMay 15th, 1997 Company IndustryFOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of BANK HAPOALIM B.M., SAN FRANCISCO BRANCH ("Lender") TWENTY MILLION AND NO/100 DOLLARS ($20,000,000.00), payable at such times, and in such amounts, as are specified in the Credit Agreement as hereinafter defined. The books and records of Administrative Agent shall be prima facie evidence of all sums due Lender.
vii) The authorized, issued and outstanding capital stock of the Company is as set forth in the Prospectus (except for subsequent issuances, if any, pursuant to employee benefit plans referred to in the Prospectus, pursuant to the exercise of options...Underwriting Agreement • April 28th, 1998 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledApril 28th, 1998 Company Industry Jurisdiction
GUARANTYGuaranty • December 22nd, 1999 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledDecember 22nd, 1999 Company Industry Jurisdiction
THE SECURITIES REPRESENTED BY THIS CERTIFICATE MAY NOT BE TRANSFERRED, SOLD, ASSIGNED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF (A "TRANSFER") EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF AN INVESTOR'S AGREEMENT DATED THE CLOSING DATE. SUCH...Stock Purchase Agreement • March 27th, 1998 • Franchise Finance Corp of America • Real estate investment trusts • Delaware
Contract Type FiledMarch 27th, 1998 Company Industry Jurisdiction
FRANCHISE FINANCE CORPORATION OF AMERICA (a Delaware corporation) $150,000,000 8.75% Senior Notes due 2010 PURCHASE AGREEMENTPurchase Agreement • September 20th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledSeptember 20th, 2000 Company Industry Jurisdiction
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this "First Amendment"), dated as of June 30, 1998, is entered into among FRANCHISE FINANCE CORPORATION OF AMERICA, a...Credit Agreement • March 24th, 1999 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledMarch 24th, 1999 Company Industry Jurisdiction
Exhibit 99.01 THIRD AMENDED AND RESTATED SALE AND SERVICING AGREEMENT Dated as of January 1, 2001Sale and Servicing Agreement • February 27th, 2001 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledFebruary 27th, 2001 Company Industry Jurisdiction
AMONGCredit Agreement • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledMay 15th, 1997 Company Industry Jurisdiction
RECITALSEmployment Agreement • March 24th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • Arizona
Contract Type FiledMarch 24th, 2000 Company Industry Jurisdiction
GUARANTY AGREEMENT ------------------ THIS GUARANTY AGREEMENT (this "Guaranty"), dated as of April 15, 1997 (this "Guaranty"), is made by FFCA Acquisition Corporation, a Delaware corporation, FFCA Institutional Advisors, Inc., a Delaware corporation,...Guaranty Agreement • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledMay 15th, 1997 Company Industry Jurisdiction
RECITALSEmployment Agreement • March 24th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • Arizona
Contract Type FiledMarch 24th, 2000 Company Industry Jurisdiction
SUBORDINATION AGREEMENT ----------------------- SUBORDINATION AGREEMENT, dated as of April 15, 1997 (as amended, supplemented, or otherwise modified from time to time, this "Agreement") made by FFCA Mortgage Corporation, a Delaware corporation (the...Subordination Agreement • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledMay 15th, 1997 Company Industry Jurisdiction
RECITALSEmployment Agreement • January 13th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • Arizona
Contract Type FiledJanuary 13th, 2000 Company Industry Jurisdiction
Trust Indenture Act Section Indenture Section --------------------------- ----------------- Section 310(a)(1) 6.07 (a)(2) 6.07 (b) 6.07, 6.08 Section 312(c) 7.01 Section 313(a) 7.02 (c) 7.02 Section 314(a) 7.03 (a)(4) 10.09 (c)(1) 1.02 (c)(2) 1.02 (e)...Indenture • November 24th, 1995 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledNovember 24th, 1995 Company Industry Jurisdiction
AMONGMerger Agreement • March 30th, 2001 • Franchise Finance Corp of America • Real estate investment trusts • Delaware
Contract Type FiledMarch 30th, 2001 Company Industry Jurisdiction
REVOLVING LOAN AGREEMENT by and betweenRevolving Loan Agreement • November 7th, 1996 • Franchise Finance Corp of America • Real estate investment trusts • Arizona
Contract Type FiledNovember 7th, 1996 Company Industry Jurisdiction
AMONGCredit Agreement • September 20th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • Texas
Contract Type FiledSeptember 20th, 2000 Company Industry Jurisdiction
The Bonds will be issued pursuant to an Indenture, dated as of April 1, 1998 (the "Indenture"), between the Owner Trust and LaSalle National Bank, as indenture trustee (in such capacity, the "Indenture Trustee" and, in either the capacity as Grantor...Purchase Agreement • August 13th, 1998 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledAugust 13th, 1998 Company Industry Jurisdiction
EXHIBIT 5Franchise Agreement • August 5th, 1997 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledAugust 5th, 1997 Company IndustryWe have acted as your counsel in connection with the preparation of the Registration Statement on Form S-3 (Registration No. 33-62629), as amended (the "Registration Statement"), filed by Franchise Finance Corporation of America (the "Company"), with the Securities and Exchange Commission in connection with the registration of $500,000,000 aggregate offering price of securities. Further, we have acted as your counsel in connection with the preparation of the related Prospectus dated July 21, 1997 (the "Prospectus"), and the Prospectus Supplement dated July 21, 1997 (the "Prospectus Supplement") relating to the issuance of up to $150,000,000 Medium-Term Notes Due Nine Months or More From the Date of Issue (the "Medium-Term Notes"). We are familiar with the proceedings heretofore taken by the Company in connection with the authorization and registration, and in the preparation for the issuance and sale, of the Medium-Term Notes.
Exhibit 4.02 FIRST SUPPLEMENTAL INDENTURE This First Supplemental Indenture is entered into effective as of December 31, 2000 (this "Supplement") by and between Franchise Finance Corporation of America (formerly known as FFCA Maryland Corp.), a...First Supplemental Indenture • March 19th, 2001 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledMarch 19th, 2001 Company Industry
Exhibit 99.02 FIFTH AMENDED AND RESTATED INDENTURE SUPPLEMENT dated as of January 1, 2001Indenture Supplement • February 27th, 2001 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledFebruary 27th, 2001 Company Industry Jurisdiction
AMENDMENT NO. 1Loan Purchase Agreement • March 24th, 2000 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledMarch 24th, 2000 Company Industry Jurisdiction
Medium-Term Notes due Nine Months or More From Date of IssueDistribution Agreement • August 14th, 2000 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledAugust 14th, 2000 Company Industry
CONTINUITY AGREEMENT This Agreement (the "Agreement") is dated as of May 12, 1999 by and between FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation (the "Company"), and Morton H. Fleischer (the "Executive"). WHEREAS, the Company's Board...Continuity Agreement • August 12th, 1999 • Franchise Finance Corp of America • Real estate investment trusts • Arizona
Contract Type FiledAugust 12th, 1999 Company Industry Jurisdiction
BID RATE NOTE $175,000,000.00 Dallas, Texas April 15, 1997 FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of COMMERZBANK AKTIENGESELLSCHAFT, LOS...Bid Rate Note • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts
Contract Type FiledMay 15th, 1997 Company IndustryFOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of COMMERZBANK AKTIENGESELLSCHAFT, LOS ANGELES BRANCH ("Lender") the lesser of ONE HUNDRED SEVENTY-FIVE MILLION AND NO/100 DOLLARS ($175,000,000.00) and the unpaid principal amount of the Bid Rate Loans (as defined in the Credit Agreement hereinafter defined) made by Lender to Borrower, pursuant to the Credit Agreement, payable at such times, and in such amounts, as are agreed to by Lender and Borrower pursuant to Section 2.2(h) of the Credit Agreement. The books and records of Administrative Agent shall be prima facie evidence of all sums due Lender.
The Secured Loans were originated by certain affiliates (the "Originators") of Franchise Finance Corporation of America, a Delaware corporation ("FFCA"). On the Closing Date (as defined herein), certain affiliates of FFCA (each, as "Seller") will...Purchase Agreement • August 14th, 1997 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledAugust 14th, 1997 Company Industry Jurisdiction
MASTER LOAN PURCHASE AGREEMENTMaster Loan Purchase Agreement • December 22nd, 1999 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledDecember 22nd, 1999 Company Industry Jurisdiction
among FFCA FRANCHISE LOAN OWNER TRUST 1998-1 (Issuer)Sale and Servicing Agreement • October 9th, 1998 • Franchise Finance Corp of America • Real estate investment trusts • New York
Contract Type FiledOctober 9th, 1998 Company Industry Jurisdiction