LOAN AGREEMENT By and among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, collectively, as Borrower, THE LENDERS FROM TIME TO TIME PARTY HERETO, collectively, as Lender COLUMN FINANCIAL, INC., as Initial Lender and COLUMN FINANCIAL, INC.,...Loan Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of December 20, 2016 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (each, an “Individual Borrower” and collectively, “Borrower”), COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010 (together with its successors and permitted assigns, “Initial Lender”), THE LENDERS FROM TIME TO TIME PARTY HERETO (collectively, with Initial Lender, and together with their respective successors and permitted assigns, “Lender”) and COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, as agent for Lender (together with its successors and permitted assigns, in such capacity, “Agent”), and acknowledged and agreed to by ARC
MEZZANINE PLEDGE AND SECURITY AGREEMENT (MORTGAGE BORROWER) Dated as of December 20, 2016 by EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, collectively, as Pledgor in favor of COLUMN FINANCIAL, INC., as AgentMezzanine Pledge and Security Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS MEZZANINE PLEDGE AND SECURITY AGREEMENT (MORTGAGE BORROWER) (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Agreement”), dated as of December 20, 2016, is made by EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, each a Delaware limited liability company, each having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (individually and/or collectively as the context may require, together with their respective successors and permitted assigns, “Pledgor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, on behalf of Lender (defined below) (together with its successors and assigns, in such capacity, “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement (defined below)
GUARANTY AGREEMENTGuaranty Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS GUARANTY AGREEMENT (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Guaranty”) is executed as of December 20, 2016, by New York REIT, Inc., a Maryland corporation, having an address at 405 Park Avenue, New York, New York 10022 (together with its permitted successors and assigns, “Guarantor”), for the benefit of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, as agent for the benefit of Lender (defined below) (together with its successors and permitted assigns, in such capacity, “Agent”). Capitalized terms utilized herein shall have the meaning as specified in the Loan Agreement (hereinafter defined), unless such term is otherwise specifically defined herein.
MEZZANINE GUARANTY AGREEMENTMezzanine Guaranty Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS MEZZANINE GUARANTY AGREEMENT (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Guaranty”) is executed as of December 20, 2016, by New York REIT, Inc., a Maryland corporation, having an address at 405 Park Avenue, New York, New York 10022 (together with its permitted successors and assigns, “Guarantor”), for the benefit of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, as agent on behalf of Lender (hereinafter defined) (together with its successors and permitted assigns, in such capacity, “Agent”). Capitalized terms utilized herein shall have the meaning as specified in the Loan Agreement (hereinafter defined), unless such term is otherwise specifically defined herein.
MEZZANINE PLEDGE AND SECURITY AGREEMENT (OPERATING PLEDGOR) Dated as of December 20, 2016 by ARC NY120W5701 TRS MEZZ, LLC, as Pledgor in favor of COLUMN FINANCIAL, INC., as Agent MEZZANINE PLEDGE AND SECURITY AGREEMENT (OPERATING PLEDGOR)Mezzanine Pledge and Security Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS MEZZANINE PLEDGE AND SECURITY AGREEMENT (OPERATING PLEDGOR) (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Agreement”), dated as of December 20, 2016, is made by ARC NY120W5701 TRS MEZZ, LLC, a Delaware limited liability company, having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (together with its successors and permitted assigns, “Pledgor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, on behalf of Lender (defined below) (together with its successors and assigns, in such capacity, “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement (defined below).
PLEDGE AND SECURITY AGREEMENT (OPERATING LEASE) Dated as of December 20, 2016 by ARC NY120W5701 TRS MEZZ II, LLC, as Pledgor in favor of COLUMN FINANCIAL, INC., as AgentPledge and Security Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS PLEDGE AND SECURITY AGREEMENT (OPERATING LEASE) (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Agreement”), dated as of December 20, 2016, is made by ARC NY120W5701 TRS MEZZ II, LLC, a Delaware limited liability company, having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (together with its successors and permitted assigns, “Pledgor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010 as agent for the benefit of Lender (defined below) (together with its successors and permitted assigns, in such capacity, “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement (defined below).
