FIFTH AMENDED AND RESTATED MASTER INDENTURE DATED AS OF OCTOBER 18, 2016Master Indenture • October 21st, 2016 • STORE CAPITAL Corp • Real estate investment trusts • New York
FIFTH AMENDED AND RESTATED MASTER INDENTURE, dated as of October 18, 2016 (as amended, modified or supplemented from time to time as permitted hereby, the “Indenture”), between STORE Master Funding I, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding I”), STORE Master Funding II, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding II”), STORE Master Funding III, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding III”), STORE Master Funding IV, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding IV”), STORE Master Funding V, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding V”), STORE Master Funding VI, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding VI”), STORE Master Funding VII, LLC, a Delaware limited liability company, as an issuer (“STORE Master Funding VII” and together with STORE Master Funding I, STORE Master
JOINDER AGREEMENTJoinder Agreement • October 21st, 2016 • STORE CAPITAL Corp • Real estate investment trusts • New York
THIS JOINDER AGREEMENT (this “Agreement”), dated as of October 18, 2016, is entered into by and among STORE Master Funding VII, LLC (the “New Issuer”), STORE CAPITAL CORPORATION, in its capacity as Property Manager and Special Servicer, as applicable, Midland Loan Services, a division of PNC Bank, National Association, in its capacity as Back-Up Manager and CITIBANK, N.A., not in its individual capacity but solely as Indenture Trustee (the “Indenture Trustee”), under that certain Fourth Amended and Restated Property Management and Servicing Agreement, dated as of April 16, 2015, among STORE Master Funding I, LLC, STORE Master Funding II, LLC, STORE Master Funding III, LLC, STORE Master Funding IV, LLC, STORE Master Funding V, LLC, STORE Master Funding VI, LLC, all Joining Parties, the Property Manager, the Special Servicer, the Back-Up Manager and the Indenture Trustee (as the same may be amended, modified, extended or restated from time to time, the “Property Management Agreement”). A
STORE MASTER FUNDING I, LLC, an Issuer, STORE MASTER FUNDING II, LLC, an Issuer, STORE MASTER FUNDING III, LLC an Issuer, STORE MASTER FUNDING IV, LLC an Issuer, STORE MASTER FUNDING V, LLC an Issuer, STORE MASTER FUNDING VI, LLC an Issuer, STORE...Master Indenture • October 21st, 2016 • STORE CAPITAL Corp • Real estate investment trusts • New York
Indenture and subleases or assignments thereunder. No person has any possessory interest in any Owned Property or right to occupy the same except under and pursuant to the provisions of the Leases and subleases or assignments permitted thereunder. The Leases are in full force and effect and there are no material defaults thereunder by the related Issuer or any Tenant. No rent (including security deposits) has been paid more than one (1) month in advance of its due date. All material work, if any, to be performed by such Issuer under each Lease has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by such Issuer to any Tenant has already been received by such Tenant. There has been no prior sale, transfer or assignment from such Issuer of any Owned Property or Leases in the Collateral or hypothecation or pledge by such Issuer of any
