FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • September 23rd, 2020 • Jernigan Capital, Inc. • Real estate investment trusts
This First Amendment to Agreement and Plan of Merger (this “Amendment”), dated September 21, 2020, is made and entered into by and among Jernigan Capital, Inc., a Maryland corporation that has elected to be treated as a real estate investment trust for U.S. federal income Tax purposes (the ”Company”), Jernigan Capital Operating Company, LLC, a Delaware limited liability company (the ”Operating Company”), NexPoint RE Merger, Inc., a Maryland corporation (“Parent”), and NexPoint RE Merger OP, LLC, a Delaware limited liability company (the ”Parent OP”). Each of the Company, Operating Company, Parent and Parent OP may be referred to herein as a “Party” or, collectively, as the “Parties”.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 23rd, 2020 • Jernigan Capital, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of September 21, 2020, by and among JERNIGAN CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company (“Borrower”), JERNIGAN CAPITAL, INC., a Maryland corporation (“REIT”), each of the entities identified as a “Subsidiary Guarantor” on the signature pages of this Amendment (collectively the “Subsidiary Guarantors”; the REIT and the Subsidiary Guarantors are hereinafter referred to collectively as the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), RAYMOND JAMES BANK, N.A., (“Raymond James”), BMO HARRIS BANK N.A., (“BMO”), TRUSTMARK NATIONAL BANK (“Trustmark”), FIRSTBANK (“FirstBank”), TRIUMPH BANK (“Triumph”), RENASANT BANK (“Renasant”), PINNACLE BANK (“Pinnacle”), SYNOVUS BANK (“Synovus”), TRUIST BANK (“Truist”), and IBERIABANK, a division of First Horizon Bank (“IberiaBank”; KeyBank, Raymond James, BMO, Trustmark, FirstBank, Triumph, Renasant, Pinnacle, Synovus, Trui
