Exhibit M New Notes IndentureIndenture • July 22nd, 2021 • CBL & Associates Limited Partnership • Real estate investment trusts • New York
INDENTURE, dated as of [•], 2021, between CBL & ASSOCIATES HOLDCO II, LLC, a Delaware limited liability company (together with its successors and assigns under this Indenture, the “Company”), having its principal office at 2030 Hamilton Place Blvd., Suite 500, Chattanooga, Tennessee 37421-6000, the GUARANTORS party hereto from time to time, CBL & ASSOCIATES PROPERTIES, INC., a Delaware corporation (together with its successors and assigns under this Indenture, the “REIT”), having its principal executive office located at 2030 Hamilton Place Blvd., Suite 500, Chattanooga, Tennessee 37421-6000, and WILMINGTON SAVINGS FUND SOCIETY, FSB (together with its successors and assigns under this Indenture, the “Trustee”), as Trustee, and WILMINGTON SAVINGS FUND SOCIETY, FSB (together with its successors and assigns under this Indenture, the “Collateral Agent”), as Collateral Agent.
Exhibit O Collateral Agency and Intercreditor AgreementCollateral Agency and Intercreditor Agreement • July 22nd, 2021 • CBL & Associates Limited Partnership • Real estate investment trusts • New York
This COLLATERAL AGENCY AND INTERCREDITOR AGREEMENT, dated as of [________], 2021 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among CBL & ASSOCIATES HOLDCO II, LLC, a Delaware limited liability company (together with its successors and assigns under the Indentures (as herein defined), the “Company”), the SUBSIDIARIES OF THE COMPANY from time to time party hereto (each, a “Subsidiary Guarantor” and, collectively, the “Subsidiary Guarantors”), [WILMINGTON SAVINGS FUND SOCIETY, FSB], as the trustee under Senior Note Indenture (as herein defined) (in such capacity, the “Senior Note Trustee”), [WILMINGTON SAVINGS FUND SOCIETY, FSB], as trustee and exchange agent under the Exchangeable Note Indenture (as herein defined)(in such capacity, the “Exchangeable Note Trustee” and, together with the Senior Note Trustee, the “Trustees” and each a “Trustee”), and [WILMINGTON SAVINGS FUND SOCIETY, FSB], in its capacity as Collateral Agent
