0001308606-16-000201 Sample Contracts

GUARANTY
Guaranty • February 26th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS GUARANTY dated as of March 31, 2015 (this “Guaranty”), executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (subject to Section 33(b) hereunder, all of the undersigned, together with such other Persons each a “Guarantor” and collectively, the “Guarantors”) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders under that certain Credit Agreement dated as of the date hereof, by and among Spirit Realty, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions party thereto and their assignees under Section 13.5 thereof (the “Lenders”), the Administrative Agent, and the other parties thereto (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), for its benefit and the benefit of the Lender

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CREDIT AGREEMENT Dated as of March 31, 2015 among
Credit Agreement • February 26th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS CREDIT AGREEMENT (this “Agreement”), dated as of March 31, 2015, is by and among SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (together with its successors or assigns, the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, and DEUTSCHE BANK SECURITIES INC., as Joint Lead Arrangers (collectively, the “Arrangers”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., JP MORGAN CHASE BANK, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK, as Documentation Agents (collectively, the “Documentation Agents”).

AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • February 26th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings

THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made as of February 23, 2016 (the “Effective Date”), by and between Spirit Realty Capital, Inc. (the “Company”) and Phillip D. Joseph, Jr. (the “Employee”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Employment Agreement (as defined below).

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