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 UNION BANK OF SWITZERLAND (NEW YORK...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of UNION BANK OF SWITZERLAND (NEW YORK 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.
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
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
AMONGCredit Agreement • May 15th, 1997 • Franchise Finance Corp of America • Real estate investment trusts • Texas
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 DRESDNER BANK AG, LOS ANGELES AGENCY...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of DRESDNER BANK AG, LOS ANGELES AGENCY ("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.
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 BANK HAPOALIM B.M., SAN FRANCISCO...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
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 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.
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 THE INDUSTRIAL BANK OF JAPAN,...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of THE INDUSTRIAL BANK OF JAPAN, LIMITED, LOS ANGELES AGENCY ("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.
PROMISSORY NOTE $13,000,000.00 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 NORWEST BANK ARIZONA, NATIONAL...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of NORWEST BANK ARIZONA, NATIONAL ASSOCIATION ("Lender") THIRTEEN MILLION AND NO/100 DOLLARS ($13,000,000.00), 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.
PROMISSORY NOTE $45,000,000.00 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 NATIONSBANK OF TEXAS, N.A....Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of NATIONSBANK OF TEXAS, N.A. ("Lender") FORTY-FIVE MILLION AND NO/100 DOLLARS ($45,000,000.00), 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.
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...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
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 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.
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...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
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 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.
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 NATIONSBANK OF TEXAS, N.A. ("Lender")...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of NATIONSBANK OF TEXAS, N.A. ("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.
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 COOPERATIEVE CENTRALE...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A., "RABOBANK NEDERLAND", NEW YORK 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.
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 SIGNET BANK ("Lender") the lesser of...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of SIGNET BANK ("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.
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 THE INDUSTRIAL BANK OF JAPAN,...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of THE INDUSTRIAL BANK OF JAPAN, LIMITED, LOS ANGELES AGENCY ("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.
PROMISSORY NOTE $40,000,000.00 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 OF MONTREAL, CHICAGO BRANCH...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of BANK OF MONTREAL, CHICAGO BRANCH ("Lender") FORTY MILLION AND NO/100 DOLLARS ($40,000,000.00), 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.
PROMISSORY NOTE $25,000,000.00 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 DRESDNER BANK AG, LOS ANGELES BRANCH...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of DRESDNER BANK AG, LOS ANGELES BRANCH ("Lender") TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00), 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.
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 BANK OF MONTREAL, CHICAGO BRANCH...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of BANK OF MONTREAL, CHICAGO 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.
PROMISSORY NOTE $40,000,000.00 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...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
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 ANGELES BRANCH ("Lender") FORTY MILLION AND NO/100 DOLLARS ($40,000,000.00), 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.
PROMISSORY NOTE $40,000,000.00 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 THE LONG-TERM CREDIT BANK OF JAPAN,...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of THE LONG-TERM CREDIT BANK OF JAPAN, LTD. ("Lender") FORTY MILLION AND NO/100 DOLLARS ($40,000,000.00), 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.
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 AMSOUTH BANK OF ALABAMA ("Lender")...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of AMSOUTH BANK OF ALABAMA ("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.
PROMISSORY NOTE $15,000,000.00 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 SIGNET BANK ("Lender") FIFTEEN...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of SIGNET BANK ("Lender") FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00), 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.
PROMISSORY NOTE $40,000,000.00 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 UNION BANK OF SWITZERLAND (NEW YORK...Franchise Finance Corp of America • May 15th, 1997 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRANCHISE FINANCE CORPORATION OF AMERICA, a Delaware corporation ("Borrower"), HEREBY PROMISES TO PAY to the order of UNION BANK OF SWITZERLAND (NEW YORK BRANCH) ("Lender") FORTY MILLION AND NO/100 DOLLARS ($40,000,000.00), 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.
