AMENDMENT No. 2, dated as of February 17, 2017 (this “Amendment”), to the Credit Agreement dated as of October 27, 2014, among 1011778 B.C. UNLIMITED LIABILITY COMPANY, an unlimited liability company organized under the laws of British Columbia (the...Credit Agreement • October 26th, 2017 • Restaurant Brands International Inc. • Retail-eating places • New York
This CREDIT AGREEMENT is entered into as of October 27, 2014, and amended as of May 22, 2015, and further amended as of February 17, 2017, among 1011778 B.C. Unlimited Liability Company, an unlimited liability company organized under the laws of British Columbia (the “Parent Borrower”), New Red Finance, Inc., a Delaware corporation (the “Subsidiary Borrower” and together with the Parent Borrower, the “Borrowers”), 1013421 B.C. Unlimited Liability Company, an unlimited liability company organized under the laws of British Columbia (“Holdings”), JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent, Collateral Agent and Swing Line Lender and each L/C Issuer and lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
1011778 B.C. UNLIMITED LIABILITY COMPANY NEW RED FINANCE, INC.Purchase Agreement • October 26th, 2017 • Restaurant Brands International Inc. • Retail-eating places • New York
The Securities and the Guarantees will be secured by a second-priority lien (ranking pari passu with the lien securing the Issuers’ outstanding 6.00% Second Lien Senior Secured Notes due 2022 (the “Existing Second Lien Notes”)), subject to certain Permitted Liens (as defined below), on substantially all of the tangible and intangible assets of the Issuers and the Guarantors, now owned or hereafter acquired by either of the Issuers or any Guarantor, that secure borrowings under the Credit Agreement (as defined below) on a first-priority basis, subject to certain exceptions described in the Time of Sale Information and the Offering Memorandum (each as defined below) (the “Collateral”). The Collateral shall be described in (a) with respect to fee-owned real property that constitutes Collateral, the Mortgages (as defined below), (b) with respect to personal property that constitutes Collateral, that certain U.S. security agreement, dated as of December 12, 2014 (as amended, supplemented or
ContractCredit Agreement • October 26th, 2017 • Restaurant Brands International Inc. • Retail-eating places
INCREMENTAL FACILITY AMENDMENT, dated as of March 27, 2017 (this “Amendment”), to the Credit Agreement dated as of October 27, 2014, among 1011778 B.C. UNLIMITED LIABILITY COMPANY, an unlimited liability company organized under the laws of British Columbia (the “Parent Borrower”), NEW RED FINANCE, INC., a Delaware corporation (the “Subsidiary Borrower” and together with the Parent Borrower, the “Borrowers”), 1013421 B.C. UNLIMITED LIABILITY COMPANY, an unlimited liability company organized under the laws of British Columbia (“Holdings”), the other Guarantors party hereto, JPMORGAN CHASE BANK, N.A. (“JPMCB”), as Administrative Agent, Collateral Agent and Swing Line Lender and each L/C Issuer and lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) (as amended by Amendment No. 1, dated as of May 22, 2015, Amendment No. 2, dated as of February 17, 2017 and as further amended, restated, modified and supplemented from time to time, the “Credit Agr
