0001193125-15-009368 Sample Contracts

AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT Dated as of January 13, 2015 among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower and BANK OF AMERICA, N.A., as Administrative Agent, Swing...
Credit and Term Loan Agreement • January 13th, 2015 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York

Any increase or decrease in the Applicable Rate resulting from a change in the Consolidated Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.01(c); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then, upon the request of the Required Lenders, Pricing Level V shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is actually delivered. The Applicable Rate in effect from the Closing Date through the date of the next change in the Applicable Rate pursuant to the preceding sentence shall be determined based upon Pricing Level I.

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