OPORTUN FUNDING 2022-1, LLC, as Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of March 31, 2022 Asset Backed Notes Asset Backed Certificates (Issuable in...Base Indenture • May 10th, 2022 • Oportun Financial Corp • Finance services • New York
Contract Type FiledMay 10th, 2022 Company Industry JurisdictionBASE INDENTURE, dated as of March 31, 2022, between OPORTUN FUNDING 2022-1, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and WILMINGTON TRUST, NATIONAL ASSOCIATION (“WTNA”), a national banking association with trust powers, as Trustee, as Securities Intermediary and as Depositary Bank.
Dated April 6, 2022 Base Indenture between EWC Master Issuer LLC, as Master Issuer, andBase Indenture • April 7th, 2022 • European Wax Center, Inc. • Services-personal services • New York
Contract Type FiledApril 7th, 2022 Company Industry Jurisdiction
ARG FUNDING CORP. II, as Issuer and THE BANK OF NEW YORK, as TrusteeBase Indenture • March 18th, 2003 • Anc Rental Corp • Services-auto rental & leasing (no drivers) • New York
Contract Type FiledMarch 18th, 2003 Company Industry Jurisdiction
OPORTUN FUNDING XIII, LLC, as Issuer and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of August 1, 2019 Asset Backed Notes (Issuable in Series)Base Indenture • September 16th, 2019 • Oportun Financial Corp • Finance services • New York
Contract Type FiledSeptember 16th, 2019 Company Industry JurisdictionBASE INDENTURE, dated as of August 1, 2019, between OPORTUN FUNDING XIII, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers, as Trustee, as Securities Intermediary and as Depositary Bank.
CONN FUNDING II, L.P., as Issuer and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as TrusteeBase Indenture • September 23rd, 2003 • Conns Inc • New York
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CHESAPEAKE FUNDING LLC, as Issuer and THE BANK OF NEW YORK MELLON, as Indenture Trustee AMENDED AND RESTATED BASE INDENTURE Dated as of December 17, 2008 Asset Backed Notes (Issuable in Series)Base Indenture • March 2nd, 2009 • PHH Corp • Miscellaneous business credit institution • New York
Contract Type FiledMarch 2nd, 2009 Company Industry JurisdictionAMENDED AND RESTATED BASE INDENTURE, dated as of December 17, 2008, between CHESAPEAKE FUNDING LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and THE BANK OF NEW YORK MELLON, a national banking association, as trustee (in such capacity, the “Indenture Trustee”).
BASE INDENTURE Dated as of April 9, 2020 Among DELL INTERNATIONAL L.L.C. and EMC CORPORATION, as Issuers, THE GUARANTORS PARTY HERETO, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee and Notes Collateral Agent FIRST LIEN NOTES AS MAY...Base Indenture • April 9th, 2020 • Dell Technologies Inc. • Electronic computers • New York
Contract Type FiledApril 9th, 2020 Company Industry JurisdictionINDENTURE, dated as of April 9, 2020, among Dell International L.L.C., a Delaware limited liability company (“Dell International”), EMC Corporation, a Massachusetts corporation (“EMC” and, together with Dell International, the “Issuers”), the Guarantors (as defined herein) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (in such capacity, the “Trustee”) and as collateral agent (in such capacity, the “Notes Collateral Agent”).
ONDECK ASSET SECURITIZATION TRUST II LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Indenture Trustee BASE INDENTURE Dated as of May 17, 2016 Asset Backed Notes (Issuable in Series of Notes)Base Indenture • August 9th, 2016 • On Deck Capital, Inc. • Finance services • New York
Contract Type FiledAugust 9th, 2016 Company Industry JurisdictionBASE INDENTURE, dated as of May 17, 2016, between ONDECK ASSET SECURITIZATION TRUST II LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Indenture Trustee”).
NATIONSTAR MORTGAGE LLC,Base Indenture • October 23rd, 2024 • Mr. Cooper Group Inc. • Finance services • New York
Contract Type FiledOctober 23rd, 2024 Company Industry Jurisdiction
APPLEBEE’S FUNDING LLC and IHOP FUNDING LLC, each as Co-Issuer and CITIBANK, N.A., as Trustee and Securities Intermediary BASE INDENTURE Dated as of September 30, 2014, Amended and Restated as of June 5, 2019 Second Amended and Restated as of April...Base Indenture • April 17th, 2023 • Dine Brands Global, Inc. • Retail-eating places • New York
Contract Type FiledApril 17th, 2023 Company Industry JurisdictionPLEASE NOTE THAT ANY CCR NOMINATION WILL BE IRREVOCABLE UPON RECEIPT BY THE TRUSTEE OF A VALID AND COMPLETE CCR NOMINATION.
TACO BELL FUNDING, LLC, as Issuer and CITIBANK, N.A., as Trustee and Securities Intermediary AMENDED AND RESTATED BASE INDENTURE Dated as of August 19, 2021Base Indenture • August 25th, 2021 • Yum Brands Inc • Retail-eating places • New York
Contract Type FiledAugust 25th, 2021 Company Industry Jurisdiction
FB RESID HOLDINGS I, LLC, as Issuer and UMB BANK, N.A., as Trustee and Securities Intermediary BASE INDENTURE Dated as of July 10, 2023Base Indenture • July 13th, 2023 • Fat Brands, Inc • Retail-eating places • New York
Contract Type FiledJuly 13th, 2023 Company Industry JurisdictionBASE INDENTURE, dated as of July 10, 2023, by and among FB Resid Holdings I, LLC, a Delaware limited liability company, (the “Issuer”) and UMB Bank, N.A., as trustee (in such capacity, the “Trustee”), and as securities intermediary.
BASE INDENTURE Dated as of January 24, 2023 Among DELL INTERNATIONAL L.L.C. and EMC CORPORATION, as Issuers, THE GUARANTORS PARTY HERETO, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee SENIOR DEBT SECURITIES AS MAY BE ISSUED FROM TIME...Base Indenture • January 24th, 2023 • Dell Technologies Inc. • Electronic computers • New York
Contract Type FiledJanuary 24th, 2023 Company Industry JurisdictionINDENTURE, dated as of January 24, 2023, among Dell International L.L.C., a Delaware limited liability company (“Dell International”), EMC Corporation, a Massachusetts corporation (“EMC” and, together with Dell International, the “Issuers”), the Guarantors (as defined herein) and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (in such capacity, the “Trustee”).
NATIONAL CAR RENTAL FINANCING LIMITED PARTNERSHIP, as Issuer, and THE BANK OF NEW YORK, as Trustee BASE INDENTUREBase Indenture • June 13th, 1997 • Republic Industries Inc • Refuse systems • New York
Contract Type FiledJune 13th, 1997 Company Industry Jurisdiction
ZIPCAR VEHICLE FINANCING LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee AMENDED AND RESTATED BASE INDENTURE Dated as of May 11, 2011 Car Sharing Asset Backed Notes (Issuable in Series)Base Indenture • August 5th, 2011 • Zipcar Inc • Services-auto rental & leasing (no drivers) • New York
Contract Type FiledAugust 5th, 2011 Company Industry JurisdictionAMENDED AND RESTATED BASE INDENTURE, dated as of May 11, 2011, between ZIPCAR VEHICLE FINANCING LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (“ZVF”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Trustee”).
BASE INDENTURE among FRONTIER ISSUER LLC and FRONTIER DALLAS TX FIBER 1 LLC, as the Obligors and CITIBANK, N.A. as the Indenture Trustee dated as of August 8, 2023Base Indenture • August 10th, 2023 • Frontier Communications Parent, Inc. • Telephone communications (no radiotelephone) • New York
Contract Type FiledAugust 10th, 2023 Company Industry JurisdictionTHIS BASE INDENTURE, dated as of August 8, 2023 (as amended, supplemented or otherwise modified and in effect from time to time, this “Base Indenture”), is entered into by and among (i) Frontier Issuer LLC, a Delaware limited liability company (the “Issuer”), (ii) Frontier Dallas TX Fiber 1 LLC ( “AssetCo,” and together with any additional direct or indirect subsidiary of the Issuer that is acquired or formed following the Series 2023-1 Closing Date, the “Asset Entities”, and together with the Issuer, the “Obligors”) and (iii) Citibank, N.A., as indenture trustee and not in its individual capacity and any successor thereto (in such capacity, the “Indenture Trustee”).
ICON BRAND HOLDINGS LLC, ICON DE INTERMEDIATE HOLDINGS LLC, ICON DE HOLDINGS LLC and ICON NY HOLDINGS LLC each as Co-Issuer and Citibank, N.A., as Trustee and Securities Intermediary BASE INDENTURE Dated as of November 29, 2012 Asset Backed Notes...Base Indenture • December 11th, 2012 • Iconix Brand Group, Inc. • Footwear, (no rubber) • New York
Contract Type FiledDecember 11th, 2012 Company Industry JurisdictionBASE INDENTURE, dated as of November 29, 2012, by and among ICON BRAND HOLDINGS LLC, a Delaware limited liability company (“Brand Holdings II”), ICON DE INTERMEDIATE HOLDINGS LLC, a Delaware limited liability company (“Brand Holdings I”), ICON DE HOLDINGS LLC, a Delaware limited liability company ( “IP Holder I”), ICON NY HOLDINGS LLC, a Delaware limited liability company (“IP Holder II” and, together with Brand Holdings II, Brand Holdings I and IP Holder I, the “Co-Issuers” and each, a “Co-Issuer”), each as a Co-Issuer, and Citibank, N.A., a national banking association, as trustee (in such capacity, the “Trustee”), and as securities intermediary.
AMENDMENT NO. 6 TO THE AMENDED AND RESTATED BASE INDENTUREBase Indenture • March 31st, 2021 • Driven Brands Holdings Inc. • Services-automotive repair, services & parking • New York
Contract Type FiledMarch 31st, 2021 Company Industry JurisdictionTHIS AMENDMENT NO. 6 TO THE AMENDED AND RESTATED BASE INDENTURE, dated as of March 30, 2021 (this “Amendment”), is entered into by and among (i) DRIVEN BRANDS FUNDING, LLC, a Delaware limited liability company, as a co-issuer (the “Issuer”), (ii) Driven Brands Canada Funding Corporation, a Canadian corporation, as a co-issuer (the “Canadian Co-Issuer” and together with the Issuer, the “Co-Issuers”), and (iii) CITIBANK, N.A., a national banking association, not in its individual capacity, but solely in its capacity as the trustee under the Indenture referred to below (together with its successors and assigns in such capacity, the “Trustee”). Capitalized terms used and not defined herein shall have the meanings set forth or incorporated by reference in the Indenture.
OPORTUN FUNDING V, LLC FIRST AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
Contract Type FiledJuly 17th, 2019 Company Industry JurisdictionThis FIRST AMENDMENT TO THE BASE INDENTURE, dated as of May 25, 2016 (this “Amendment”), is entered into among OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as trustee (in such capacity, the “Trustee”), as securities intermediary (in such capacity, the “Securities Intermediary”) and as depositary bank (in such capacity, the “Depositary Bank”).
ContractBase Indenture • November 7th, 2024 • Driven Brands Holdings Inc. • Services-automotive repair, services & parking • New York
Contract Type FiledNovember 7th, 2024 Company Industry Jurisdiction
OPORTUN FUNDING IV, LLC, as Issuer and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, as Securities Intermediary and as Depositary Bank BASE INDENTURE Dated as of October 19, 2016 Asset Backed Notes (Issuable in Series)Base Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
Contract Type FiledJuly 17th, 2019 Company Industry JurisdictionBASE INDENTURE, dated as of October 19, 2016, between OPORTUN FUNDING IV, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation validly existing under the laws of the State of New York, as Trustee, as Securities Intermediary and as Depositary Bank.
BASE INDENTURE Dated as of September 25, 2015 between FRONTIER COMMUNICATIONS CORPORATION as Company and THE BANK OF NEW YORK MELLON as Trustee DEBT SECURITIESBase Indenture • November 5th, 2015 • Frontier Communications Corp • Telephone communications (no radiotelephone) • New York
Contract Type FiledNovember 5th, 2015 Company Industry Jurisdiction
THIRD AMENDED AND RESTATED BASE INDENTURE Dated as of September 18, 2009Base Indenture • November 6th, 2009 • Hertz Global Holdings Inc • Services-auto rental & leasing (no drivers) • New York
Contract Type FiledNovember 6th, 2009 Company Industry Jurisdiction
BASE INDENTURE Dated as of April 16, 2007Base Indenture • May 2nd, 2007 • Dominos Pizza Inc • Wholesale-groceries & related products • New York
Contract Type FiledMay 2nd, 2007 Company Industry JurisdictionBASE INDENTURE, dated as of April 16, 2007, by and among DOMINO’S PIZZA MASTER ISSUER LLC, a Delaware limited liability company (the “Master Issuer”), DOMINO’S PIZZA DISTRIBUTION LLC, a Delaware limited liability company (the “Domestic Distributor”), DOMINO’S SPV CANADIAN HOLDING COMPANY INC., a Delaware corporation (the “SPV Canadian Holdco”), DOMINO’S IP HOLDER LLC, a Delaware limited liability company (the “IP Holder” and together with the Master Issuer, the Domestic Distributor and the SPV Canadian Holdco, collectively, the “Co-Issuers” and each, a “Co-Issuer”), each as a Co-Issuer, and CITIBANK, N.A., a national banking association, as trustee (in such capacity, the “Trustee”), and as securities intermediary.
DEFINITIONS LISTBase Indenture • November 3rd, 2010 • Amerco /Nv/ • Services-auto rental & leasing (no drivers)
Contract Type FiledNovember 3rd, 2010 Company Industryprotected (in whole or in part) against loss in respect thereof or (b) under any letter of credit issued for the account of that Person or for which that Person is otherwise liable for reimbursement thereof. Contingent Obligation shall include (a) the direct or indirect guarantee, endorsement (otherwise than for collection or deposit in the ordinary course of business), co-making, discounting with recourse or sale with recourse by such Person of the obligation of another and (b) any liability of such Person for the obligations of another through any agreement (contingent or otherwise) (i) to purchase, repurchase or otherwise acquire such obligation or any security therefor, or to provide funds for the payment or discharge of such obligation (whether in the form of loans, advances, stock purchases, capital contributions or otherwise), (ii) to maintain the solvency of any balance sheet item, level of income or financial condition of another or (iii) to make take-or-pay or similar payment
February 5, 2013Base Indenture • February 5th, 2013 • Kanawha Rail LLC • Crude petroleum & natural gas
Contract Type FiledFebruary 5th, 2013 Company Industry
CENTRE POINT FUNDING, LLC as Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (f/k/a The Bank of New York Trust Company, N.A.), as Trustee AMENDED AND RESTATED BASE INDENTURE Dated as of March 9, 2010 Rental Truck Asset Backed Notes...Base Indenture • February 24th, 2011 • Avis Budget Group, Inc. • Services-auto rental & leasing (no drivers) • New York
Contract Type FiledFebruary 24th, 2011 Company Industry JurisdictionAMENDED AND RESTATED BASE INDENTURE, dated as of March 9, 2010, between CENTRE POINT FUNDING, LLC (f/k/a Budget Truck Funding, LLC), a special purpose limited liability company established under the laws of Delaware, as issuer (“CPF”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (f/k/a The Bank of New York Trust Company N.A.), a national banking association organized under the laws of the United States, as trustee (in such capacity, the “Trustee”).
and AMENDED AND RESTATED BASE INDENTURE Dated as of December 23, 2010 Cofina Variable Funding Asset Backed Notes (Issuable in Series)Base Indenture • December 28th, 2010 • CHS Inc • Wholesale-farm product raw materials • New York
Contract Type FiledDecember 28th, 2010 Company Industry JurisdictionAMENDED AND RESTATED BASE INDENTURE, dated as of December 23, 2010, amending and restating that certain Base Indenture, dated as of August 10, 2005 (the “Original Indenture”, as amended and restated by this Agreement, the “Base Indenture”) between COFINA FUNDING LLC, a Delaware limited liability company, as issuer (the “Issuer”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Trustee.
BASE INDENTURE among DIGITALBRIDGE ISSUER, LLC, DIGITALBRIDGE CO-ISSUER, LLC and THE ASSET ENTITIES PARTY HERETO, as the Obligors and CITIBANK, N.A., as the Indenture Trustee, dated as of July 9, 2021 Secured Fund Fee Revenue NotesBase Indenture • July 15th, 2021 • DigitalBridge Group, Inc. • Real estate investment trusts • New York
Contract Type FiledJuly 15th, 2021 Company Industry JurisdictionTHIS BASE INDENTURE, dated as of July 9, 2021 (as amended, supplemented or otherwise modified and in effect from time to time, this “Base Indenture”), is entered into by and among (i) DigitalBridge Issuer, LLC, a Delaware limited liability company (the “Issuer”), (ii) DigitalBridge Co-Issuer, LLC, a Delaware limited liability company (the “Co-Issuer” and, together with the Issuer, the “Co-Issuers”), (iii) the direct and indirect subsidiaries of the Co-Issuers party hereto and listed on Annex I hereto (each, a “Closing Date Asset Entity” and, together with the Co-Issuers, the “Closing Date Obligors”) and (iv) Citibank, N.A., a national banking association, as Indenture Trustee and not in its individual capacity (in such capacity, the “Indenture Trustee”).
OPORTUN FUNDING V, LLC THIRD AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
Contract Type FiledJuly 17th, 2019 Company Industry JurisdictionBASE INDENTURE, dated as of August 4, 2015, between OPORTUN FUNDING V, LLC, a special purpose limited liability company established under the laws of Delaware, as issuer (the “Issuer”) and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporationWILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association with trust powers validly existing under the laws of the State of New YorkUnited States, as Trustee, as Securities Intermediary and as Depositary Bank.
BASE INDENTURE between COGENT IPV4 LLC, as the Issuer, and Wilmington Trust, National Association, as the Indenture Trustee dated as of May 2, 2024 Secured IPv4 Address Revenue NotesBase Indenture • May 6th, 2024 • Cogent Communications Holdings, Inc. • Communications services, nec • New York
Contract Type FiledMay 6th, 2024 Company Industry JurisdictionTHIS BASE INDENTURE, dated as of May 2, 2024 (as amended, supplemented or otherwise modified and in effect from time to time, this “Base Indenture”), is entered into by and between Cogent IPv4 LLC, a Delaware limited liability company (the “Issuer”) and Wilmington Trust, National Association, a national banking association, as Indenture Trustee and not in its individual capacity (in such capacity, the “Indenture Trustee”).
BASE INDENTURE Dated as of June 22, 2016 Among DIAMOND 1 FINANCE CORPORATION and DIAMOND 2 FINANCE CORPORATION, as Issuers, and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee SENIOR NOTES AS MAY BE ISSUED FROM TIME TO TIME IN ONE OR MORE...Base Indenture • June 22nd, 2016 • Denali Holding Inc. • Electronic computers • New York
Contract Type FiledJune 22nd, 2016 Company Industry JurisdictionINDENTURE, dated as of June 22, 2016, among Diamond 1 Finance Corporation, a Delaware corporation (“Finco 1”), Diamond 2 Finance Corporation, a Delaware corporation (“Finco 2” and, together with Finco 1, the “Fincos”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as Trustee (in such capacity, the “Trustee”).
OPORTUN FUNDING V, LLC FIFTH AMENDMENT TO THE BASE INDENTUREBase Indenture • July 17th, 2019 • Oportun Financial Corp • Finance services • New York
Contract Type FiledJuly 17th, 2019 Company Industry Jurisdictionkind and other forms of obligations and receivables, instruments and other property which at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Trust Estate”).
FIRST AMENDMENT TO BASE INDENTUREBase Indenture • April 5th, 2022 • DigitalBridge Group, Inc. • Real estate investment trusts • New York
Contract Type FiledApril 5th, 2022 Company Industry JurisdictionFIRST AMENDMENT TO BASE INDENTURE, dated as of April 1, 2022 (this “Amendment”) to the Base Indenture, dated as of July 9, 2021 (as the same may be further amended, restated, supplemented or otherwise modified and in effect from time to time, the “Indenture”), among DigitalBridge Issuer, LLC, a Delaware limited liability company (the “Issuer”), DigitalBridge Co-Issuer, LLC, a Delaware limited liability company (the “Co-Issuer” and, together with the Issuer, the “Co-Issuers”), DigitalBridge Holdings 1, LLC, a Delaware limited liability company (“Holdings 1”), DigitalBridge Holdings 2, LLC, a Delaware limited liability company (“Holdings 2”), DigitalBridge Holdings 3, LLC, a Delaware limited liability company (“Holdings 3” and, together with Holdings 1 and Holdings 2, the “Closing Date Asset Entities”) and Citibank, N.A., a national banking association, as Indenture Trustee and not in its individual capacity (in such capacity, the “Indenture Trustee”).
CHL GMSR ISSUER TRUST, as Issuer and CITIBANK, N.A., as Indenture Trustee and CALIBER HOME LOANS, INC., as Servicer and Administrator and CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, as Administrative Agent and consented to by CREDIT SUISSE AG,...Base Indenture • October 7th, 2020 • Caliber Home Loans, Inc. • Finance services • New York
Contract Type FiledOctober 7th, 2020 Company Industry JurisdictionThis Amendment No. 3 (this “Amendment”) to the Base Indenture (as defined below) is entered into as of July 13, 2020, by and among CHL GMSR ISSUER TRUST, as issuer (the “Issuer”), CITIBANK, N.A., as indenture trustee (the “Indenture Trustee”), CALIBER HOME LOANS, INC. (“Caliber”), as administrator (in such capacity, the “Administrator”) and as servicer (in such capacity, the “Servicer”) and CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (“CSFB”), as administrative agent (the “Administrative Agent”), and is acknowledged and agreed to by PENTALPHA SURVEILLANCE LLC, as credit manager (the “Credit Manager”), and is consented to by CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH (“CSCIB”), as noteholder (the “Noteholder”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Existing Base Indenture (as defined below).