EIGHTH SUPPLEMENTAL INDENTURE AND SUBSIDIARY GUARANTEE
Exhibit 4.2
EIGHTH SUPPLEMENTAL INDENTURE AND SUBSIDIARY GUARANTEE
This Eighth Supplemental Indenture and Subsidiary Guarantee, dated as of September 12, 2023 (this “Eighth Supplemental Indenture” or “Subsidiary Guarantee”), among the entities listed on Schedule I hereto (collectively, the “New Guarantors”), Osmosis Sub I, LLC, as successor in interest to The Necessity Retail REIT, Inc. f/k/a American Finance Trust, Inc. (“Sub I”) and The Necessity Retail REIT Operating Partnership, L.P. f/k/a American Finance Operating Partnership, L.P. (“RTL OP,” and together with Sub I and their successors and assigns, the “RTL Issuers”), U.S. Bank Trust Company, National Association, as successor to U.S. Bank National Association, as Trustee, paying agent and registrar under the RTL Indenture (as defined below) (the “Trustee”), and Global Net Lease, Inc. and Global Net Lease Operating Partnership, L.P. (together with their successors and assigns, the “GNL Issuers”).
W I T N E S S E T H:
WHEREAS, the RTL Issuers, each other then-existing Subsidiary Guarantor under the RTL Indenture referred to below (the “Subsidiary Guarantors”), and the Trustee have heretofore executed and delivered an Indenture, dated as of October 7, 2021 (as supplemented by that certain Supplemental Indenture and Subsidiary Guarantee, dated as of January 27, 2022, Second Supplemental Indenture and Subsidiary Guarantee, dated as of March 31, 2022, Third Supplemental Indenture and Subsidiary Guarantee, dated as of May 20, 2022, Fourth Supplemental Indenture and Subsidiary Guarantee, dated as of November 8, 2022, Fifth Supplemental Indenture and Subsidiary Guarantee, dated as of April 13, 2023, Sixth Supplemental Indenture and Subsidiary Guarantee, dated as of June 7, 2023, and Seventh Supplemental Indenture and Subsidiary Guarantee, dated as of July 7, 2023, and as may be further amended, supplemented, waived or otherwise modified, the “RTL Indenture”), providing for the issuance of an unlimited aggregate principal amount of 4.500% Senior Notes due 2028 of the RTL Issuers (the “RTL Notes”);
WHEREAS, Section 4.15 of the RTL Indenture provides that in certain circumstances the RTL Issuers may be required to cause certain Restricted Subsidiaries of the RTL Issuers to execute and deliver a Guarantee with respect to the RTL Notes on the same terms and conditions as those set forth in the RTL Indenture.
WHEREAS, Section 5.1 of the RTL Indenture provides that the RTL Issuers may merge with or into any Person (as defined in the RTL Indenture) or permit any Person to merge with or into them so long as, among other things, (i) the RTL Issuers are the continuing Persons or (ii) if the RTL Issuers are not the continuing Persons, (a) such continuing Person is a corporation, limited liability company, partnership (including a limited partnership) or trust organized and validly existing under the laws of the United States of America or any state or jurisdiction thereof and expressly assumes, by a supplemental indenture, executed and delivered to the Trustee, all of the obligations of the RTL Issuers with respect to the RTL Notes and under the RTL Indenture and (b) the RTL Issuers deliver to the Trustee an Officers’ Certificate and an Opinion of Counsel, in each case stating that such merger and such supplemental indenture comply with the covenants set forth in Section 5.1 of the RTL Indenture and that all conditions precedent provided for therein relating to such transaction have been complied with and, with respect to the Opinion of Counsel, that the supplemental indenture constitutes a valid and binding obligation enforceable against the Person into which the RTL Issuers are merged.
WHEREAS, the RTL Issuers are consummating a merger with and into the GNL Issuers through Sub I in accordance with Section 5.1 of the RTL Indenture (the “Merger”), and in connection therewith the GNL Issuers are expressly jointly assuming, by this Eighth Supplemental Indenture, all of the obligations of the RTL Issuers with respect to the RTL Notes and under the RTL Indenture.
WHEREAS, pursuant to Section 9.1 of the RTL Indenture, the Trustee and the RTL Issuers and the additional Subsidiary Guarantors are authorized to execute and deliver this Eighth Supplemental Indenture to amend the RTL Indenture, without the consent of any Holder, to effect the foregoing.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt of which is hereby acknowledged, the New Guarantors, the RTL Issuers, the Trustee and the GNL Issuers mutually covenant and agree for the equal and ratable benefit of the Holders as follows:
ARTICLE I
Definitions
SECTION 1.1 Defined Terms. As used in this Eighth Supplemental Indenture, capitalized terms not defined herein are defined in the RTL Indenture or in the preamble or recitals thereto and are used herein as therein defined. The words “herein,” “hereof” and “hereby” and other words of similar import used in this Eighth Supplemental Indenture refer to this Eighth Supplemental Indenture as a whole and not to any particular section hereof.
ARTICLE II
Agreement to be Bound; Guarantee; Specific Limitations on Note Guarantees; Assumption of RTL Indenture
SECTION 2.1 Agreement to be Bound. The New Guarantors hereby become party to the RTL Indenture as Subsidiary Guarantors and as such shall have all of the rights and be subject to all of the obligations and agreements of a Subsidiary Guarantor under the RTL Indenture and Note Guarantee. The New Guarantors agree to be bound by all of the provisions of the RTL Indenture applicable to a Subsidiary Guarantor and to perform all of the obligations and agreements of a Subsidiary Guarantor under the RTL Indenture, subject to the release provisions and other limitations set forth in the RTL Indenture or as may be set forth herein.
SECTION 2.2 Specific Limitations on Note Guarantees
(a) Specific Limitations of Note Guarantees of the Italian Guarantors (as defined below).
(1) Notwithstanding anything to the contrary contained in the RTL Indenture or herein, the liabilities of any Subsidiary Guarantor incorporated under the laws of the Republic of Italy (each an “Italian Guarantor”) under its Note Guarantee shall not exceed, at any time, the lower of:
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(i) the debt exposure of that Italian Guarantor under all inter-company loans or other financial support in any form (including without limitation equity or quasi-equity contributions or subscriptions) advanced (or granted) to such Italian Guarantor by the RTL Issuers or any other member of the group of the RTL Issuers and that Italian Guarantor on the date on which its Note Guarantee is called, provided that, where such debt exposure has arisen under cash pooling arrangements, such exposure shall be calculated net of the amounts which have been lent by that Italian Guarantor to the cash xxxxxx in the relevant period; or
(ii) an amount equal to ninety percent (90%) of the net worth (“Patrimonio Netto” as defined in section 2424 of the Italian Civil Code) of that Italian Guarantor resulting from time to time from its latest annual financial statements duly approved by its shareholder or quotaholders (as appropriate) or, if earlier, from any interim financial statement (“situazione patrimoniale”) approved by its board of directors or sole director, as the case may be.
(2) For the purposes of article 1938 of the Italian Civil Code, in any event and without prejudice to paragraph (a) above, the maximum amount that Italian Guarantor may be required to pay in respect of its obligations as Subsidiary Guarantor under its Note Guarantee shall not exceed $750,000,000.
(3) The Italian Guarantors shall not pay any amount, which exceeds the maximum rate permitted by Italian law 7 March, 1996 No. 108 (“Disposizioni in materia di usura”) as amended and/or implemented from time to time, and related implementing regulations, it being understood that in such a case the amount owed to any present or future Holder of the RTL Notes or other creditors of the RTL Issuers under the RTL Notes or the RTL Indenture for interest (including default interest) payable by an RTL Issuer or any of the Subsidiary Guarantors under any such document along with any fee or cost or other payments shall be equal, for the shortest possible period, to that amount calculated at the maximum rate permitted to be payable under the above mentioned law provisions and related implementing regulations.
(4) For the avoidance of doubt, any payment made by an Italian Guarantor under any guaranty issued in connection with the Credit Agreement or any other debt or financing agreement for the benefit of the RTL Issuers or any other Subsidiary Guarantor shall automatically reduce pro tanto the amount payable by that Italian Guarantor (or recoverable by each Guaranteed Party) under its Note Guarantee.
(5) Italian Principles of Construction. Without prejudice to the generality of any provision of the Note Guarantees, the RTL Notes or the RTL Indenture which relates to an Italian Guarantor:
(i) a “liquidation”, “winding-up”, “administration” or “dissolution” includes, without limitation, any scioglimento, liquidazione and any other proceedings or legal concepts similar to the foregoing;
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(ii) an “insolvency” or “bankruptcy” and “insolvency proceeding” includes, without limitation, any procedura concorsuale (including, amongst others, composizione negoziata, concordato con riserva, concordato preventivo, concordato semplificato), any accordo per la soluzione xxxxx xxxxx con i creditori (including, amongst others, any concordato nella liquidazione giudiziale), any debt restructuring proceedings pursuant to articles 23 and 56 of the Italian Legislative Decree no. 14 of 12 January 2019, as amended and supplemented from time to time (the “Italian Business Crisis and Insolvency Code”) or pursuant to articles 62, 23, 57, 60, 61, and 64-bis of the Italian Business Crisis and Insolvency Code, any liquidazione coatta amministrativa, any amministrazione straordinaria and any other proceedings or legal concepts similar to the foregoing, including any equivalent proceeding provided by the Italian Business Crisis and Insolvency Code;
(iii) a “liquidator”, “trustee in bankruptcy”, “judicial custodian”, “compulsory manager”, “examiner”, “receiver”, “administrative receiver”, “administrator” or “insolvency administrator” or the like includes, without limitation, a curatore, commissario xxxxxxxxxx, commissario xxxxxxxxxxxxx, commissario, liquidatore, esperto nella composizione negoziata and any other person performing the same function of each of the foregoing;
(iv) a “step” or “procedure” taken in connection with insolvency proceedings in respect of any person includes such person formally making a proposal to assign its assets pursuant to article 1977 of the Italian Civil Code (cessione dei beni ai creditori) or applying for the appointment of an esperto nella composizione negoziata pursuant to article 17 of the Italian Business Crisis and Insolvency Code filing a petition or a pre-petition (domanda prenotativa) for a concordato preventivo pursuant to article 44 of the Italian Business Crisis and Insolvency Code or entering into restructuring arrangements (accordi di ristrutturazione) pursuant to article 57 of the Italian Business Crisis and Insolvency Code or entering into any arrangement pursuant to article 165 ff. of the Italian Business Crisis and Insolvency Code and any equivalent proceeding provided by the Italian Business Crisis and Insolvency Code;
(v) an “attachment” includes a pignoramento;
(vi) “an obligation being due” includes, without limitation, any credito liquido ed esigibile and credito xxxxxxx;
(vii) a “security” or “lien” includes, without limitation, any pegno, ipoteca, privilegio (including the privilegio speciale created pursuant to article 46 of the Italian Banking Law, as amended from time to time), cessione in garanzia, a finanziamento alle imprese garantito da trasferimento di bene immobile sospensivamente condizionato, and any other diritto xxxxx di garanzia or other transactions having the same effect as each of the foregoing;
(viii) “gross negligence” includes “colpa grave”;
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(ix) “wilful misconduct” includes “dolo”; and
(x) any reference to “set-off” includes, without limitation, for the purposes of Italian law, legal set-off.
(b) Specific Limitations of Note Guarantees of the Luxembourg Guarantors (as defined below).
(1) Without prejudice to the Guaranty under the Loan Documents (as defined in the Credit Agreement) and notwithstanding anything to the contrary contained in the RTL Indenture or herein or any related document, the obligations of each Subsidiary Guarantor incorporated in the Grand Duchy of Luxembourg (a “Luxembourg Guarantor”) under this Note Guarantee shall at no time, in the aggregate, exceed an amount equal to the greater of:
(i) 95% of such Luxembourg Guarantor’s capitaux propres (as referred to in Annex I to the Grand-Ducal regulation dated 18 December 2015 defining the form and content of the presentation of the balance sheet and profit and loss account, and enforcing the Luxembourg Law dated 19 December 2002 concerning the trade and companies register and the accounting and annual accounts of undertakings (the “Regulation”)) determined as of the date on which a demand is made under this Note Guarantee, increased by the amount of any Intra-Group Liabilities (as defined below) and other subordinated debt (dettes subordonnées) (without duplication); and
(ii) 95% of such Luxembourg Guarantor’s capitaux propres (as referred to in the Regulation) determined as at the date of this Note Guarantee, increased by the amount of any Intra-Group Liabilities and other subordinated debt (dettes subordonnées) (without duplication).
(2) For the purposes of this paragraph (b) of Section 2.2, “Intra-Group Liabilities” shall mean any amounts owed by such Luxembourg Guarantor to any other member of the group of companies to which it belongs and that have not been financed (directly or indirectly) by the proceeds from the issuance and sale of the RTL Notes. In addition, the above limitation shall not apply to any amounts borrowed directly or indirectly by or made available by whatever means to such Luxembourg Guarantor or any of its direct or indirect Subsidiaries from the proceeds of the issuance and sale of the RTL Notes (including for the avoidance of doubt any proceeds on-lent to such Luxembourg Guarantor or any of its direct or indirect Subsidiaries (in any form whatsoever)).
(3) The obligations and liabilities of any Luxembourg Guarantor under this Note Guarantee will not extend to include any obligation which, if incurred, would constitute a misuse of corporate assets (abus de biens sociaux) as defined at article 1500-11 of the Luxembourg law of 10 August 1915 on commercial companies, as amended from time to time.
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(4) Luxembourg Principles of Construction. Without prejudice to the generality of any provision of the Note Guarantees, the RTL Notes or the RTL Indenture which relates to a Luxembourg Guarantor:
| (i) | a “liquidation”, “winding-up”, “administration” or “dissolution” includes, without limitation, (faillite), insolvency, voluntary dissolution or liquidation (dissolution ou liquidation volontaire), administrative dissolution without liquidation (dissolution administrative sans liquidation), court ordered liquidation (liquidation judiciaire) or reorganization, composition with creditors (concordat préventif de la faillite), moratorium or reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally; |
| (ii) | a “liquidator”, “trustee in bankruptcy”, “judicial custodian”, “compulsory manager”, “examiner”, “receiver”, “administrative receiver”, “administrator” or “insolvency administrator” or the like includes, without limitation, a: |
| (a) | juge-commissaire or insolvency receiver (curateur) appointed under the Luxembourg commercial code; |
| (b) | liquidateur appointed under Articles 1100-1 to 1100-15 (inclusive) of the Luxembourg act dated 10 August 1915 on commercial companies, as amended (the “Luxembourg Companies' Act”); |
| (c) | liquidateur appointed under Article 1200-1 of the Luxembourg Companies' Act; |
| (d) | commissaire appointed under the Grand-Ducal decree of 24 May 1935 on the controlled management regime or under Articles 593 to 614 (inclusive) of the Luxembourg commercial code; and |
| (e) | juge délégué appointed under the Luxembourg act of 14 April 1886 on the composition with creditors to avoid bankruptcy, as amended; |
| (iii) | “an obligation being due” includes, without limitation, without limitation, any exigible, certaine and liquide obligation; |
| (iv) | a director, officer or manager includes a gérant or an administrateur and a board of directors or board of managers includes a conseil d'administration or a collège de gérance; |
| (v) | a “security” or “lien” includes, without limitation, any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention, and any type of security in rem (sûreté réelle) or agreement or arrangement having a similar effect and any transfer of title by way of security; |
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| (vi) | person being "unable to pay its debts" includes that person being in a state of cessation of payments (cessation de paiements); |
| (vii) | an "agent" includes, without limitation, a "mandataire"; and |
| (viii) | "by-laws" or "constitutional documents" includes its up-to-date (restated) articles of association (statuts coordonnés). |
(c) Specific Limitations of Note Guarantees of the Guernsey Subsidiary Guarantors (as defined below).
(1) Notwithstanding anything to the contrary contained in the RTL Indenture or herein, the liabilities of any Subsidiary Guarantor incorporated under the laws of the Island of Guernsey (each a “Guernsey Subsidiary Guarantor”) under its Note Guarantee shall not render the Guernsey Subsidiary Guarantor unable to satisfy the solvency test for the purposes of the Companies (Guernsey) Law 2008 (the “Guernsey Companies Law”) nor exceed, at any time, the value of its assets nor render the Guernsey Subsidiary Guarantor unable to pay its debts as they become due or generally nor constitute a preference, all for the purposes of the Guernsey Companies Law;
(2) For the avoidance of doubt, any payment made by a Guernsey Subsidiary Guarantor under any guaranty issued in connection with the Credit Agreement or any other debt or financing agreement for the benefit of the RTL Issuers or any other Subsidiary Guarantor shall automatically reduce pro tanto the amount payable by that Guernsey Subsidiary Guarantor (or recoverable by each Guaranteed Party) under its Note Guarantee.
(d) Specific Limitations of Note Guarantees of the French Guarantors (as defined below).
(1) Notwithstanding anything to the contrary contained in the RTL Indenture or herein or any related document, the obligations and liabilities of any Subsidiary Guarantor incorporated under the laws of the Republic of France (each a “French Guarantor”) under this Subsidiary Guarantee shall be limited, to an amount equal to the aggregate of all amounts directly or indirectly borrowed under the RTL Notes to the extent directly or indirectly on-lent to such French Guarantor or any of its direct or indirect Subsidiaries under intercompany loan agreements or promissory notes. Notwithstanding the foregoing, the obligations and liabilities of any French Guarantor under this Subsidiary Guarantee for the obligations under the RTL Notes of any other French Guarantor which is its Subsidiary shall not be limited and shall therefore cover all amounts due by such Subsidiary acting as a French Guarantor.
(2) Notwithstanding anything to the contrary contained in the RTL Indenture or herein, the obligations and liabilities of each French Guarantor under this Subsidiary Guarantee or the RTL Indenture shall at no time, in the aggregate, exceed an amount equal to the greater of:
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(i) 95% of such French Guarantor’s capitaux propres (as referred to in regulation 2018-06 of the French accounting norms authority (Autorité des Normes Comptables) dated 5 December 2018 (the “Regulation”)) determined as of the date on which a demand is made under this Subsidiary Guarantee, increased by the amount of any Intra-Group Liabilities (as defined below) and other subordinated debt (dettes subordonnées) (without duplication); and
(ii) 95% of such French Guarantor’s capitaux propres (as referred to in the Regulation) determined as of the date of this Subsidiary Guarantee, increased by the amount of any Intra-Group Liabilities and other subordinated debt (dettes subordonnées) (without duplication).
(3) For the purposes of this paragraph (d) of Section 2.2, “Intra-Group Liabilities” shall mean any amounts owed by such French Guarantor to any other member of the group of companies to which it belongs and that have not been financed (directly or indirectly) by a borrowing under the RTL Notes. In addition, the above limitation shall not apply to (i) any amounts borrowed directly or indirectly by or made available by whatever means to such French Guarantor or any of its direct or indirect Subsidiaries under the RTL Notes and (ii) any amounts borrowed under the RTL Notes and on-lent to such French Guarantor or any of its direct or indirect Subsidiaries (in any form whatsoever).
(4) The obligations and liabilities of any French Guarantor under this Subsidiary Guarantee or any of the other related documents will not extend to include any obligation which, if incurred, would constitute a misuse of corporate assets (abus de biens sociaux) as defined at article L. 241.3 of the French Code de Commerce, as amended from time to time or any other law or regulation having the same effect, as interpreted by French courts (in particular would not constitute an abus de confiance as defined under article 314-1 of the French Criminal Code).
SECTION 2.3 Assumption of Obligations With Respect to the RTL Notes and Under the RTL Indenture. The GNL Issuers hereby expressly jointly assume, by this Eighth Supplemental Indenture, all of the obligations of the RTL Issuers with respect to the RTL Notes and under the RTL Indenture.
ARTICLE III
Miscellaneous
SECTION 3.1 Governing Law. This Eighth Supplemental Indenture shall be governed by, and construed in accordance with, the laws of the State of New York.
SECTION 3.2 Severability Clause. In case any provision in this Eighth Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
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SECTION 3.3 Ratification of RTL Indenture; Eighth Supplemental Indenture Part of RTL Indenture; No Liability of Trustee. Except as expressly amended hereby, the RTL Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Eighth Supplemental Indenture shall form a part of the RTL Indenture for all purposes, and every Holder of an RTL Note heretofore or hereafter authenticated and delivered shall be bound hereby. The Trustee makes no representation or warranty as to the validity or sufficiency of this Eighth Supplemental Indenture or the Subsidiary Guarantee of the New Guarantors. Additionally, the Trustee shall not be responsible in any manner whatsoever for or with respect to any of the recitals or statements contained herein, all of which recitals or statements are made solely by the RTL Issuers, the New Guarantors and the Subsidiary Guarantors, and the Trustee makes no representation with respect to any such matters.
SECTION 3.4 Counterparts. This Eighth Supplemental Indenture may be executed in two or more counterparts, which when so executed shall constitute one and the same agreement. The exchange of copies of this Eighth Supplemental Indenture and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Eighth Supplemental Indenture as to the parties hereto and may be used in lieu of the original Eighth Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.
SECTION 3.5 Headings. The headings of the Articles and the sections in this Eighth Supplemental Indenture are for convenience of reference only and shall not be deemed to alter or affect the meaning or interpretation of any provisions hereof.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have caused this Eighth Supplemental Indenture to be duly executed as of the date first above written.
| OSMOSIS SUB I, LLC, | ||||||
| By: Global Net Lease, Inc., its sole member | ||||||
| By: | /s/ Xxxxxxxxxxx X. Xxxxxxxxx | |||||
| Name: | Xxxxxxxxxxx X. Xxxxxxxxx | |||||
| Title: | Chief Financial Officer | |||||
| THE NECESSITY RETAIL REIT OPERATING PARTNERSHIP, L.P. | ||||||
| By: GNL Retail GP, LLC, its general partner | ||||||
| By: Global Net Lease Operating Partnership, L.P., its sole member | ||||||
| By: Global Net Lease Inc., its general partner | ||||||
| By: | /s/ Xxxxxxxxxxx X. Xxxxxxxxx | |||||
| Name: | Xxxxxxxxxxx X. Xxxxxxxxx | |||||
| Title: | Chief Financial Officer | |||||
| GNL RETAIL GP, LLC, | |||||
| as a Guarantor | |||||
| By: Global Net Lease Operating Partnership, L.P., its sole member | |||||
| By: Global Net Lease Inc., its general partner | |||||
| By: | /s/ Xxxxxxxxxxx X. Xxxxxxxxx | ||||
| Name: | Xxxxxxxxxxx X. Xxxxxxxxx | ||||
| Title: | Chief Financial Officer | ||||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GSFRNTN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC TFDPTIA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC NOWILND001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSDVRDE001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSGTNPA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GSMSSTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSDALTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC NOPLNTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC DRINDIN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC VALWDCO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GBLMESA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEAMOTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FECPEMA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WNBRNMO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC VCLIVMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC CTFTMSC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC TFKMZMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC SWWSVOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WMWSLNC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC SANPLFL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC FEWNAMN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC DG40PCK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEWTRNY001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC KUSTHMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FELEXKY001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GECINOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC DNDUBOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC OGHDGMD001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FSMCHIL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEBILMA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC AMWCHKS001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FESALUT001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC CGJNSMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC CGFRSMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEPIESD001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GSFFDME001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSRNGME001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSRPCSD001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC TRLIVMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEHBRKY001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC CGMARSC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC CGLGNIN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC JTCHATN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC JTCHATN002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC HLHSNTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC FEMANMN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC GSRTNNM001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CBSKSMO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC ODVLONET001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG VAGNVFL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG LSWYGMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG LSCHIIL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG LSCHIIL002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG LSCHIIL003, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CSBLVMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| RG CSHMDIN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CSLIVMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CSTWBOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CSWYGMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG FCSTHMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG DPSPNIA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FEGBRNC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NIGTNMA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG LKCLLAL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG GASTNMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG WGPTBPA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG VFKCYKS001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG SNCSPCO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CFSRSLB001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CFSRSLB002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG VSSRACA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG VSSRACA002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WHAMSNE001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG FRAHLMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSBRDFL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG PSLKCLA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSGRLTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSELPTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSHCKNC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSIRVTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG PSPRAIL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSMSNTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSMRDMS001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NIFLNNH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG MT2PKSLB002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG VSSRACA003, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG CSSTLMO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG FEBTHNB001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG FELWDNB001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG FEMTNNB001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG KLSLBNC001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSDANVA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSDEMIA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSERIPA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSYNSOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG PSDAYOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PSLASNV001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NIFLNNH002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG STELDCA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG STWINCT001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG STKNCMO001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG STFALNY001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG KLSLBNC002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WPOTWOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WPCLDOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG WPCLDOH002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WPMRNOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WPFNDOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WPCLVTN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG ZFFINOH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG FCDETMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG SBPSLTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NIAMHNH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG WMBVLAR001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PPSPPTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| RG PPSHLTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG THDEXMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG THAARMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG THMISIN001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PRBRIMI001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG PRBRIMI002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PRBRIMI003, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PF4PCAN001 US, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PFB4PCK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NXHSNTX001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC ACHNETH001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG EMSPHIL001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC TKMANUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG NIGETMA001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG BOOT8UK002, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK003, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK004, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK005, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK006, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARG BOOT8UK007, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG BOOT8UK008, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC RMNUSGER01, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC OBMYNGER01, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC REXREGER01, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| METHAGER01, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC HPDFS HOLDCO, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC MCCARUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WKBPLUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC EEMTRUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC TWSWDUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WKSOTUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC NRSLDUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC WKMCRUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC PFBFDUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC CCLTRUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC ALSFDUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC DFSMCUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC AMWORUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC MEROXUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC BKSCOUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC SLKRFCP001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC FUMANUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC CABIRUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARC IAREDUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC HPNEWUK001, LLC, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Authorized Signatory | ||
| ARG PF4PCAN001, ULC, | |||
| an Alberta unlimited liability corporation, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Director | ||
| ARG WPFBRIT001 S.R.L., an Italian società a responsabilità limitata, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxx Xxxxxxxx | ||
| Name: | Xxxxxxx Xxxxxxxx | ||
| Title: | Manager | ||
| ARC GLOBAL II S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 196327, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GLOBAL II (MIDCO) S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 201048, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II (FRANCE) HOLDINGS S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 190960, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| TYCO MANCHESTER S.À X.X. (formerly known as Crown Portfolio S.à x.x.), a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 199533, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GLOBAL II (MADRID) S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 247015, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II (GERMANY) HOLDINGS S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 197918, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II WEILBACH S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 199391, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GLOBAL II (UK) HOLDINGS S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 197949, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II XXXXXX XXXXXXX S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 206523, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II NCR S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 204834, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| XX XXXXXXX S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 199341, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II EUROPE HOLDING S.À X.X., a Luxembourg private limited liability company (société à responsabilité limitée), having its registered office at 00, Xxxxxxxxx X.X Xxxxxxxxxx, X-0000 Xxxxxxxxxx, Xxxxx Xxxxx of Luxembourg and registered with the Luxembourg Register of Commerce and Companies (Registre de commerce et des Sociétés) under number B 278689, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxx | ||
| Name: | Xxxxx Xxxxxx | ||
| Title: | Class A Manager | ||
| ARC GLOBAL II (HOLDING), a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
| ARC GLOBAL II BORDEAUX, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GLOBAL II MARSEILLE, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
| ARC GLOBAL II AMIENS, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
| ARC GLOBAL II BLOIS, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
| ARC GLOBAL II STRASBOURG, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
| ARC GLOBAL II BREST, a French société civile immobilière, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxxxxxx Xxxxxxx | ||
| Name: | Xxxxxxxxx Xxxxxxx | ||
| Title: | Manager (Gérant) | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| ARC GLOBAL (GUERNSEY) HOLDINGS LIMITED, a Guernsey company, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxxx | ||
| Name: | Xxxxx Xxxxxxx | ||
| Title: | Director | ||
| LPE LIMITED, a Guernsey company, | |||
| as a Guarantor | |||
| By: | /s/ Xxxxx Xxxxxxx | ||
| Name: | Xxxxx Xxxxxxx | ||
| Title: | Director | ||
| GLOBAL NET LEASE, INC. | |||
| By: | /s/ Xxxxxxxxxxx X. Xxxxxxxxx | ||
| Name: | Xxxxxxxxxxx X. Xxxxxxxxx | ||
| Title: | Chief Financial Officer | ||
| GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P. | |||
| By: | Global Net Lease, Inc., its general partner | ||
| By: | /s/ Xxxxxxxxxxx X. Xxxxxxxxx | ||
| Name: | Xxxxxxxxxxx X. Xxxxxxxxx | ||
| Title: | Chief Financial Officer | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
| U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as successor to U.S. BANK NATIONAL ASSOCIATION, | |||
| as Trustee | |||
| By: | /s/ Xxxxxxxxxxx X. Xxxxx | ||
| Name: | Xxxxxxxxxxx X. Xxxxx | ||
| Title: | Vice President | ||
[Signature Page to Eighth Supplemental Indenture and Subsidiary Guarantee – Issuers and New Guarantors]
Schedule I
| ARC GSFRNTN001, LLC |
| ARC TFDPTIA001, LLC |
| ARC NOWILND001, LLC |
| ARC GSDVRDE001, LLC |
| ARC GSGTNPA001, LLC |
| ARC GSMSSTX001, LLC |
| ARC GSDALTX001, LLC |
| ARC NOPLNTX001, LLC |
| ARC DRINDIN001, LLC |
| ARC VALWDCO001, LLC |
| ARC GBLMESA001, LLC |
| ARC FEAMOTX001, LLC |
| ARC FECPEMA001, LLC |
| ARC WNBRNMO001, LLC |
| ARC VCLIVMI001, LLC |
| ARC CTFTMSC001, LLC |
| ARC TFKMZMI001, LLC |
| ARC SWWSVOH001, LLC |
| ARC WMWSLNC001, LLC |
| ARC SANPLFL001, LLC |
| ARC FEWNAMN001, LLC |
| ARC DG40PCK001, LLC |
| ARC FEWTRNY001, LLC |
| ARC KUSTHMI001, LLC |
| ARC FELEXKY001, LLC |
| ARC GECINOH001, LLC |
| ARC DNDUBOH001, LLC |
| ARC OGHDGMD001, LLC |
| ARC FSMCHIL001, LLC |
| ARC FEBILMA001, LLC |
| ARC AMWCHKS001, LLC |
| ARC FESALUT001, LLC |
| ARC CGJNSMI001, LLC |
| ARC CGFRSMI001, LLC |
| ARC FEPIESD001, LLC |
| ARC GSFFDME001, LLC |
| ARC GSRNGME001, LLC |
| ARC GSRPCSD001, LLC |
| ARC TRLIVMI001, LLC |
| ARC FEHBRKY001, LLC |
| ARC CGMARSC001, LLC |
| ARC CGLGNIN001, LLC |
| ARC JTCHATN001, LLC |
| ARC JTCHATN002, LLC |
| ARC HLHSNTX001, LLC |
| ARC FEMANMN001, LLC |
| ARC GSRTNNM001, LLC |
| ARG CBSKSMO001, LLC |
| ARC ODVLONET001, LLC |
| ARG VAGNVFL001, LLC |
| ARG LSWYGMI001, LLC |
| ARG LSCHIIL001, LLC |
| ARG LSCHIIL002, LLC |
| ARG LSCHIIL003, LLC |
| ARG CSBLVMI001, LLC |
| ARG CSHMDIN001, LLC |
| ARG CSLIVMI001, LLC |
| ARG CSTWBOH001, LLC |
| ARG CSWYGMI001, LLC |
| ARG FCSTHMI001, LLC |
| ARG DPSPNIA001, LLC |
| ARC FEGBRNC001, LLC |
| ARG NIGTNMA001, LLC |
| ARG LKCLLAL001, LLC |
| ARG GASTNMI001, LLC |
| ARG WGPTBPA001, LLC |
| ARG VFKCYKS001, LLC |
| ARG SNCSPCO001, LLC |
| ARG CFSRSLB001, LLC |
| ARG CFSRSLB002, LLC |
| ARG VSSRACA001, LLC |
| ARG VSSRACA002, LLC |
| ARC WHAMSNE001, LLC |
| ARG FRAHLMI001, LLC |
| ARG PSBRDFL001, LLC |
| ARG PSLKCLA001, LLC |
| ARG PSGRLTX001, LLC |
| ARG PSELPTX001, LLC |
| ARG PSHCKNC001, LLC |
| ARG PSIRVTX001, LLC |
| ARG PSPRAIL001, LLC |
| ARG PSMSNTX001, LLC |
| ARG PSMRDMS001, LLC |
| ARG NIFLNNH001, LLC |
| ARG MT2PKSLB002, LLC |
| ARG VSSRACA003, LLC |
| ARG CSSTLMO001, LLC |
| ARG FEBTHNB001, LLC |
| ARG FELWDNB001, LLC |
| ARG FEMTNNB001, LLC |
| ARG KLSLBNC001, LLC |
| ARG PSDANVA001, LLC |
| ARG PSDEMIA001, LLC |
| ARG PSERIPA001, LLC |
| ARG PSYNSOH001, LLC |
| ARG PSDAYOH001, LLC |
| ARG PSLASNV001, LLC |
| ARG NIFLNNH002, LLC |
| ARG STELDCA001, LLC |
| ARG STWINCT001, LLC |
| ARG STKNCMO001, LLC |
| ARG STFALNY001, LLC |
| ARG KLSLBNC002, LLC |
| ARG WPOTWOH001, LLC |
| ARG WPCLDOH001, LLC |
| ARG WPCLDOH002, LLC |
| ARG WPMRNOH001, LLC |
| ARG WPFNDOH001, LLC |
| ARG WPCLVTN001, LLC |
| ARG ZFFINOH001, LLC |
| ARG FCDETMI001, LLC |
| ARG SBPSLTX001, LLC |
| ARG NIAMHNH001, LLC |
| ARG WMBVLAR001, LLC |
| ARG PPSPPTX001, LLC |
| ARG PPSHLTX001, LLC |
| ARG THDEXMI001, LLC |
| ARG THAARMI001, LLC |
| ARG THMISIN001, LLC |
| ARG PRBRIMI001, LLC |
| ARG PRBRIMI002, LLC |
| ARG PRBRIMI003, LLC |
| ARG PF4PCAN001 US, LLC |
| ARG PFB4PCK001, LLC |
| ARG NXHSNTX001, LLC |
| ARC ACHNETH001, LLC |
| ARG EMSPHIL001, LLC |
| ARC TKMANUK001, LLC |
| ARG NIGETMA001, LLC |
| ARG BOOT8UK001, LLC |
| ARG BOOT8UK002, LLC |
| ARG BOOT8UK003, LLC |
| ARG BOOT8UK004, LLC |
| ARG BOOT8UK005, LLC |
| ARG BOOT8UK006, LLC |
| ARG BOOT8UK007, LLC |
| ARG BOOT8UK008, LLC |
| ARC RMNUSGER01, LLC |
| ARC OBMYNGER01, LLC |
| ARC REXREGER01, LLC |
| METHAGER01, LLC |
| ARC HPDFS HOLDCO, LLC |
| ARC MCCARUK001, LLC |
| ARC WKBPLUK001, LLC |
| ARC EEMTRUK001, LLC |
| ARC TWSWDUK001, LLC |
| ARC WKSOTUK001, LLC |
| ARC NRSLDUK001, LLC |
| ARC WKMCRUK001, LLC |
| ARC PFBFDUK001, LLC |
| ARC CCLTRUK001, LLC |
| ARC ALSFDUK001, LLC |
| ARC DFSMCUK001, LLC |
| ARC AMWORUK001, LLC |
| ARC MEROXUK001, LLC |
| ARC BKSCOUK001, LLC |
| ARC SLKRFCP001, LLC |
| ARC FUMANUK001, LLC |
| ARC CABIRUK001, LLC |
| ARC IAREDUK001, LLC |
| ARC HPNEWUK001, LLC |
| ARG PF4PCAN001, ULC |
| ARC GLOBAL II S.À X.X. |
| ARC GLOBAL II (MIDCO) S.À X.X. |
| ARC GLOBAL II (FRANCE) HOLDINGS S.À X.X. |
| TYCO MANCHESTER S.À X.X. (formerly known as Crown Portfolio S.à x.x.) |
| ARC GLOBAL II (MADRID) S.À X.X. |
| ARC GLOBAL II (GERMANY) HOLDINGS S.À X.X. |
| ARC GLOBAL II WEILBACH S.À X.X. |
| ARC GLOBAL II (UK) HOLDINGS S.À X.X. |
| ARC GLOBAL II XXXXXX XXXXXXX S.À X.X. |
| ARC GLOBAL II NCR S.À X.X. |
| XX XXXXXXX S.À X.X. |
| ARC GLOBAL II EUROPE HOLDING S.À X.X. |
| ARG WPFBRIT001 S.R.L. |
| ARC GLOBAL II (HOLDING) |
| ARC GLOBAL II BORDEAUX |
| ARC GLOBAL II MARSEILLE |
| ARC GLOBAL II AMIENS |
| ARC GLOBAL II BLOIS |
| ARC GLOBAL II STRASBOURG |
| ARC GLOBAL II BREST |
| ARC GLOBAL (GUERNSEY) HOLDINGS LIMITED |
| LPE LIMITED |
| GNL RETAIL GP, LLC |
