AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 3, 2013 among COLE REIT III OPERATING PARTNERSHIP, LP, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JPMORGAN CHASE BANK, N.A. and WELLS FARGO...Credit Agreement • June 20th, 2013 • Cole Real Estate Investments, Inc. • Real estate investment trusts • New York
Initially, the Applicable Rate shall be determined based upon the Leverage Ratio specified in the certificate delivered pursuant to Section 4.01(b)(viii). Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level IV shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).
INDEMNITY AGREEMENTIndemnity Agreement • June 20th, 2013 • Cole Real Estate Investments, Inc. • Real estate investment trusts • Arizona
This Indemnity Agreement, dated as of February 12, 2013 (this “Agreement”), is made by and between Cole Holdings Corporation, an Arizona corporation (the “Company”), and Marc Nemer (the “Indemnitee”).
INDEMNITY AGREEMENTIndemnity Agreement • June 20th, 2013 • Cole Real Estate Investments, Inc. • Real estate investment trusts • Arizona
This Indemnity Agreement, dated as of February 12, 2013 (this “Agreement”), is made by and between Cole Holdings Corporation, an Arizona corporation (the “Company”), and Christopher H. Cole (the “Indemnitee”).
COLE HOLDINGS CORPORATIONCole Real Estate Investments, Inc. • June 20th, 2013 • Real estate investment trusts • Arizona
As a key employee of Cole Holdings Corporation (the “Company”), the Company believes that you will play an integral role in assisting the Company achieve its goals in the event of a Specified Sale (as defined below). This letter agreement (this “Agreement”) sets forth your entitlement to certain payments in the event Christopher Cole sells any of his stock in the Company to an unrelated third party in an arms-length sale transaction (a “Specified Sale”).
AGREEMENTAgreement • June 20th, 2013 • Cole Real Estate Investments, Inc. • Real estate investment trusts
WHEREAS, Cole Holdings Corporation (the “Company”) has granted a total of 20 Units under the Cole Holdings Corporation Transaction Bonus Plan (the “Plan”) to Marc Nemer (the “Participant”);
COLE HOLDINGS CORPORATIONCole Real Estate Investments, Inc. • June 20th, 2013 • Real estate investment trusts • Arizona
As a key employee of Cole Holdings Corporation (the “Company”), the Company believes that you will play an integral role in assisting the Company achieve its goals in the event of a Specified Sale (as defined below). This letter agreement (this “Agreement”) sets forth your entitlement to certain payments in the event Christopher Cole sells any of his stock in the Company to an unrelated third party in an arms-length sale transaction (a “Specified Sale”).
