FIRST SUPPLEMENTAL INDENTURE
Exhibit 3.1
THIS
FIRST SUPPLEMENTAL INDENTURE (this “First
Supplement”) is effective as of the 13 day of August
2020, by and between GK Investment Property Holdings II, LLC, a
Delaware limited liability company (the “Issuer”),
and UMB Bank, N.A., a national banking association (the
“Trustee”).
RECITALS
A. The Issuer and the
Trustee entered into that certain Indenture dated as of January
28, 2020 (the
“Original
Indenture”) pursuant to which the Trustee agreed to
serve as trustee under the Original Indenture, as more particularly
described in the Original Indenture for the consideration specified
therein.
B. The Issuer and
Trustee desire to amend the Original Indenture as set forth herein.
Capitalized terms used but not defined herein shall have the
meaning ascribed to them in the Original Indenture.
AGREEMENT
NOW,
THEREFORE, in consideration of the promises and mutual agreements
contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. The recitals and
introductory paragraphs hereof form a part of this First Supplement
as if fully set forth herein.
2. Section 2.02. The Original
Indenture is hereby revised by deleting the fourth sentence in the
first paragraph in Section 2.02 in its entirety and replacing it
with:
Series
A, Series B, Series C and Series D Bonds will mature on February
28, 2025, August 31, 2025, February 28, 2026 and August 31, 2026,
respectively, and each will bear interest at a fixed rate of seven
percent (7%) per annum payable on an Interest Payment
Date.
[Remainder of page intentionally left blank; signatures appear on
following page]
IN
WITNESS WHEREOF, the parties hereto have entered into this First
Supplement as of the 13 day of August 2020.
Issuer:
GK
INVESTMENT PROPERTY HOLDINGS II, LLC
a
Delaware limited liability company
By:
GK Development,
Inc.
Its:
Manager
By:
/s/
Garo Kholamian______
Name:
Xxxx Xxxxxxxxx
Its:
President and Sole Director
Trustee:
UMB
BANK, N.A.,
a
national banking association
By: /s/Xxxxxxx
Hawkins_____
Name:
Xxxxxxx Xxxxxxx
Its: Vice
President
[Signature Page to First Supplemental Indenture]