FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT This FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") dated as of December 31, 1999 by and among CNL APF Partners, LP, a limited partnership formed under the laws of...Credit Agreement • March 30th, 2000 • CNL American Properties Fund Inc • Lessors of real property, nec • New York
LOAN AND SECURITY AGREEMENT Dated as of June 14, 2002 by and among CNL FINANCIAL IX, LP, as BorrowerLoan and Security Agreement • August 14th, 2002 • CNL American Properties Fund Inc • Lessors of real property, nec • New York
TERMINATION AGREEMENTTermination Agreement • June 30th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
II TERMINATION OF AGREEMENTIndemnification Agreement • November 1st, 1996 • CNL American Properties Fund Inc • Lessors of real property, nec • Maryland
ARTICLE 1 - DEFINED TERMS 1 ARTICLE 2 - ORGANIZATIONAL MATTERS 6 Section 2.1 - Formation of Partnership 6 Section 2.2 - Principal Office and Registered Agent 6 Section 2.3 - Principal Office and Agent 6 Section 2.4 - Power of Attorney 7 Section 2.5 -...Limited Partnership Agreement • August 13th, 1998 • CNL American Properties Fund Inc • Lessors of real property, nec • Delaware
Exhibit 10.46 EMPLOYMENT AGREEMENT -------------------- THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on the 31st day of August, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and Barry...Employment Agreement • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
Exhibit 10.4 $200,000,000 Credit Agreement dated as of March 22, 1999 by and among CNL APF Partners, LP, the Registrant, First Union National Bank, First Union Capital Markets Group, NationsBank Montgomery Securities LLC, NationsBank, N.A., and...Credit Agreement • May 17th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • North Carolina
ADVISORY AGREEMENT THIS ADVISORY AGREEMENT, dated as of April 19, 1999, is between CNL AMERICAN PROPERTIES FUND, INC., a corporation organized under the laws of the State of Maryland (the "Company") and CNL FUND ADVISORS, INC., a corporation organized...Advisory Agreement • August 13th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
Exhibit 10.47 EMPLOYMENT AGREEMENT -------------------- THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on the 31st day of August, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and...Employment Agreement • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
as Issuer as Trustee INDENTUREIndenture • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • New York
Exhibit 10.3 Joint Venture Agreement JOINT VENTURE AGREEMENT (For Joint Ventures With Affiliated Programs)Joint Venture Agreement • November 1st, 1996 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
Florida (State or other jurisdiction of incorporation or organization) 59-3239115 (I.R.S. Employer Identification No.) 450 South Orange Avenue Orlando, Florida (407) 835-3300 (Address of principal executive offices) 32801 (Zip code) CNL American...Trust Indenture • December 22nd, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec
EXHIBIT 10.51 AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 9, 1999 by and amongCredit Agreement • June 30th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • New York
Exhibit 10.6Purchase Agreement • November 1st, 1996 • CNL American Properties Fund Inc • Lessors of real property, nec
LEASE AGREEMENTLease Agreement • November 1st, 1996 • CNL American Properties Fund Inc • Lessors of real property, nec
RECITALS:Merger Agreement • March 12th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
RECITALS:Merger Agreement • March 12th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
December 15, 2003 CNL Financial VII, LP 103 Foulk Road, Suite 204 Wilmington, Delaware 19803 CNL Restaurant Capital, LP 450 South Orange Avenue Orlando, Florida 32801 Ladies and Gentlemen: Reference is hereby made to the Second Amended and Restated...Master Repurchase Agreement • March 15th, 2004 • CNL Restaurant Properties Inc • Lessors of real property, nec • New York
Exhibit 10.1Escrow Agreement • October 10th, 1997 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on the 29th day of September, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and Brent Heaton ("Executive")....Employment Agreement • May 15th, 2001 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
LOGO APPEARS HERE] /s/ Steven D. Shackelford /s/ John T. WalkerStock Certificate • October 29th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec
EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on the 5th of May 2003 by and between CNL Franchise Network GP Corp., a Delaware corporation (the "Company"), and Curtis B. McWilliams ("Executive"). Preliminary...Employment Agreement • March 15th, 2004 • CNL Restaurant Properties Inc • Lessors of real property, nec • Florida
Exhibit 10.42 EMPLOYMENT AGREEMENT -------------------- THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on the 15th day of September, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and...Employment Agreement • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
AMENDMENTAmendment • March 30th, 2000 • CNL American Properties Fund Inc • Lessors of real property, nec • New York
EXHIBIT 10.50 AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CNL APF PARTNERS, LPLimited Partnership Agreement • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Delaware
RECITALSRegistration Rights Agreement • June 30th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Delaware
EXHIBIT 1.2Participating Broker Agreement • October 10th, 1997 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
Exhibit 1.1Managing Dealer Agreement • October 10th, 1997 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
M&VA Draft -------------------------------------------------------------------- ------------ Date: 7/21/00 AMENDED AND RESTATED CREDIT AND REIMBURSEMENT AGREEMENT Dated as of June 15, 2000 by and among CNL APF Partners, LP as Borrower, CNL APF LP...Credit and Reimbursement Agreement • August 15th, 2000 • CNL American Properties Fund Inc • Lessors of real property, nec • North Carolina
EXHIBIT 10.23 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into effective as of the 1st day of January, 2004, by and between CNL RESTAURANT INVESTMENTS, INC., a Delaware corporation ("CNL"), and THOMAS G. KINDRED,...Employment Agreement • May 7th, 2004 • CNL Restaurant Properties Inc • Lessors of real property, nec • Florida
Exhibit 10.5Unconditional Guaranty of Payment and Performance • November 1st, 1996 • CNL American Properties Fund Inc • Lessors of real property, nec
ADDENDUM TO EMPLOYMENT AGREEMENT THIS ADDENDUM TO EMPLOYMENT AGREEMENT ("Addendum") is made and entered into on the 1st day of November, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and Robert Chapin...Employment Agreement • May 15th, 2001 • CNL American Properties Fund Inc • Lessors of real property, nec
SECOND ADDENDUM TO EMPLOYMENT AGREEMENT THIS SECOND ADDENDUM TO EMPLOYMENT AGREEMENT ("Second Addendum") is made and entered into on the 20th day of August, 2000 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company")...Employment Agreement • May 15th, 2001 • CNL American Properties Fund Inc • Lessors of real property, nec
ADDENDUM TO EMPLOYMENT AGREEMENT THIS ADDENDUM TO EMPLOYMENT AGREEMENT ("Addendum") is made and entered into on the 1st day of November, 1999 by and between CNL American Properties Fund, Inc., a Florida corporation (the "Company") and Curtis...Employment Agreement • May 15th, 2001 • CNL American Properties Fund Inc • Lessors of real property, nec
RECITALS:Holdback Agreement • September 27th, 1999 • CNL American Properties Fund Inc • Lessors of real property, nec • Florida
