Third Amendment to Credit Agreement and ConsentCredit Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York
This Credit Agreement (this “Agreement”) is entered into as of April 26, 2018, by and among American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Citizens Bank, N.A. and, SunTrust Robinson Humphrey, Inc., and BBVA USA, as Syndication Agents, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.
LOAN AGREEMENT Dated as of July 24, 2020 Among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, individually and/or collectively, as the context may require, as Borrower and COLUMN FINANCIAL, INC., as LenderLoan Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of July 24, 2020 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010 (“CF”; and together with any other Co-Lender under the Loan and each of their respective successors and/or assigns, “Lender”), and EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, each having its principal place of business at 38 Washington Square, Newport, Rhode Island 02840 (individually and/or collectively, as the context may require, together with their respective successors and/or assigns, “Borrower”).
LIMITED RECOURSE GUARANTYLimited Recourse Guaranty • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York
THIS LIMITED RECOURSE GUARANTY (“Guaranty”) is made as of this 24th day of July, 2020, by American Finance OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at 650 Fifth Avenue, 30th Floor, New York, New York 10019 (the “Guarantor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation (“Column”; Column, together with any other Co-Lender under the Loan and each of their respective successors, transferees and/or assigns, collectively, the “Lender”).
PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management and Leasing Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York
This Property Management and Leasing Agreement (this “Management Agreement”) is made and entered into as of July 24, 2020 (the “Effective Date”), by and among the parties identified on Exhibit A attached hereto (collectively, “Owner”), and AMERICAN FINANCE PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) made as of the 24th day of July, 2020, by EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO (individually or collectively, as the context may require “Borrower”), each having an address at 38 Washington Square, Newport, Rhode Island 02840 and American Finance OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at 650 Fifth Avenue, 30th Floor, New York, New York 10019 (“Principal”; Borrower and Principal are collectively herein referred to as “Indemnitor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation (“Column”; Column, together with any other Co-Lender under the Loan and each of their respective successors, transferees and/or assigns, collectively, “Indemnitee”) and other Indemnified Parties (defined below).
