LOAN AGREEMENT Dated as of June 15, 2017 Between as Borrower and KEYBANK NATIONAL ASSOCIATION, as Lender Loan No. 10171391Loan Agreement • June 21st, 2017 • Carter Validus Mission Critical REIT II, Inc. • Real estate investment trusts • New York
Contract Type FiledJune 21st, 2017 Company Industry Jurisdiction
FIRST AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF NOVEMBER 19, 2012 by and among CARTER/VALIDUS OPERATING PARTNERSHIP, LP, AS BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT...Credit Agreement • November 26th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts
Contract Type FiledNovember 26th, 2012 Company IndustryMaker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent.
Legal Services AgreementLegal Services Agreement • November 23rd, 2022
Contract Type FiledNovember 23rd, 2022This Agreement establishes the terms and conditions of the agreement for legal services by and between Citizens Property Insurance Corporation (“Citizens”) and GrayRobinson PA (“Firm”).
THIRD AMENDMENT TO REIMBURSEMENT AGREEMENTReimbursement Agreement • May 25th, 2012 • Agl Resources Inc • Natural gas distribution • New York
Contract Type FiledMay 25th, 2012 Company Industry JurisdictionREIMBURSEMENT AGREEMENT, dated as of October 14, 2010, is among PIVOTAL UTILITY HOLDINGS, INC., a New Jersey corporation (the “Applicant”), AGL RESOURCES INC., a Georgia corporation (the “Guarantor” and together with the Applicant, the “Credit Parties” and each individually a “Credit Party”), the Banks party hereto from time to time, and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH, a Japanese banking company acting through its New York Branch (“BTMU New York”), as the Issuing Bank and as Administrative Agent.
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEUnconditional Guaranty of Payment and Performance • August 6th, 2014 • Carter Validus Mission Critical REIT II, Inc. • Real estate investment trusts • New York
Contract Type FiledAugust 6th, 2014 Company Industry JurisdictionFOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned CARTER VALIDUS MISSION CRITICAL REIT II, INC., a Maryland corporation (“REIT”), and THE ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS SUBSIDIARY GUARANTORS (“Initial Guarantors”) and EACH ADDITIONAL GUARANTOR (AS DEFINED IN THE CREDIT AGREEMENT [HEREINAFTER DEFINED]) THAT MAY HEREAFTER BECOME A PARTY TO THE THIS GUARANTY (REIT, Initial Guarantors and such Additional Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by Guarantors, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Credit Agreement” (as hereinafter defined), any
LOAN AGREEMENT Dated as of July 14, 2011 between DC-3300 ESSEX, LLC, as Borrower, and GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., as LenderLoan Agreement • July 19th, 2011 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts • New York
Contract Type FiledJuly 19th, 2011 Company Industry JurisdictionThis Loan Agreement (this “Agreement”) is dated July 14, 2011 and is between GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership, as lender (together with its successors and assigns, including any lawful holder of any portion of the Indebtedness, as hereinafter defined, “Lender”), and DC-3300 ESSEX, LLC, a Delaware limited liability company, as borrower (together with its permitted successors and assigns, “Borrower”).
This instrument prepared by and should be returned to:Pud Development Agreement • May 17th, 2024 • Florida
Contract Type FiledMay 17th, 2024 Jurisdiction
GUARANTYGuaranty • July 19th, 2011 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts • New York
Contract Type FiledJuly 19th, 2011 Company Industry JurisdictionTHIS GUARANTY (this “Guaranty”) is executed as of July 14, 2011 by CARTER VALIDUS/OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Carter Validus”), and CARTER AND ASSOCIATES, L.L.C., a Georgia limited liability company (“Carter and Associates”) (collectively, together with any permitted successors and assigns, “Guarantor”), for the benefit of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership (together with its successors and assigns, “Lender”).
EX-10.5 6 dex105.htm ENVIRONMENTAL INDEMNITY AGREEMENT ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) made as of July 14, 2011 by CARTER/VALIDUS OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Carter Validus”), and CARTER AND ASSOCIATES, L.L.C., a Georgia limited liability company (“Carter and Associates”) (collectively, together with any permitted successors and assigns, “Sponsor”), and DC-3300 ESSEX, LLC, a Delaware limited liability company (together with its successors and assigns, “Borrower”, and, collectively with Sponsor, jointly and severally, the “Indemnitor”) in favor of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership (together with its successors and assigns under the Loan Agreement (as defined below), the “Lender”) and the other Indemnified Parties (as defined below).
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • January 6th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts • New York
Contract Type FiledJanuary 6th, 2012 Company Industry JurisdictionThis GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of January 3, 2012 by CARTER/VALIDUS OPERATING PARTNERSHIP, LP, a Delaware limited partnership, having an address at 4211 West Boy Scout Boulevard, Suite 500, Tampa, Florida 33607 (“Guarantor”), for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, “Lender”).
PURCHASE AGREEMENT BETWEEN BEHRINGER HARVARD 1221 COIT LP, a Texas limited partnership AS SELLERPurchase Agreement • November 14th, 2012 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas
Contract Type FiledNovember 14th, 2012 Company Industry JurisdictionTHIS PURCHASE AGREEMENT (“Agreement”) is entered into as of July ___, 2012, between BEHRINGER HARVARD 1221 COIT LP, a Texas limited partnership (“Seller”), and CARTER VALIDUS PROPERTIES, LLC, a Delaware limited liability company (“Purchaser”).
AMENDMENT AGREEMENT dated as of April 12, 2013 (this “Agreement”), to the Credit Agreement dated as of July 13, 2011 (as amended and restated as of April 13, 2012 and as thereafter amended as of August 15, 2012 and December 27, 2012, the “Existing...Credit Agreement • April 15th, 2013 • Taylor Morrison Home Corp • Operative builders • New York
Contract Type FiledApril 15th, 2013 Company Industry JurisdictionThis SECOND AMENDED AND RESTATED CREDIT AGREEMENT is dated as of July 13, 2011, amended and restated as of April 13, 2012, as thereafter amended as of August 15, 2012 and December 27, 2012, and as further amended and restated as of April 12, 2013, and entered into by and among TAYLOR MORRISON COMMUNITIES, INC., a Delaware corporation (the “U.S. Borrower”), as co-borrower, MONARCH CORPORATION, an Ontario corporation (the “Canadian Borrower” and, together with the U.S. Borrower, the “Co-Borrowers”), TMM HOLDINGS LIMITED PARTNERSHIP, a British Columbia limited partnership (“Holdings”), MONARCH COMMUNITIES INC., a company continued under the laws of the province of British Columbia (“Canada Holdings”), MONARCH PARENT INC., a company incorporated under the laws of the province of British Columbia (“Canada Intermediate Holdings”), TAYLOR MORRISON HOLDINGS, INC., a Delaware corporation (“U.S. Holdings”), TAYLOR MORRISON FINANCE, INC., a Delaware corporation (“U.S. FinCo”), EACH LENDER FROM TI
INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • February 2nd, 2021
Contract Type FiledFebruary 2nd, 2021In consideration of the services to be performed and the payments to be made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as follows:
GUARANTY AGREEMENTGuaranty Agreement • June 21st, 2017 • Carter Validus Mission Critical REIT II, Inc. • Real estate investment trusts • New York
Contract Type FiledJune 21st, 2017 Company Industry JurisdictionTHIS GUARANTY AGREEMENT (this “Guaranty”) is made as of June 15, 2017, by CARTER VALIDUS OPERATING PARTNERSHIP II, LP, a Delaware limited partnership, having an address at 4890 W. Kennedy Boulevard, Suite 650, Tampa, Florida 33609 (“Guarantor”) in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association, having an address at 11501 Outlook, Suite 300, Overland Park, Kansas 66211 (together with its successors and assigns, “Lender”).
DISCLOSURE DISSEMINATION AGENT AGREEMENTDisclosure Dissemination Agent Agreement • May 18th, 2021 • Florida
Contract Type FiledMay 18th, 2021 JurisdictionThe services provided under this Disclosure Agreement solely relate to the execution of instructions received from the Issuer through use of the DAC system and do not constitute "advice" within the meaning of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"). DAC will not provide any advice or recommendation to the Issuer or anyone on the Issuer's behalf regarding the "issuance of municipal securities" or any "municipal financial product" as defined in the Act and nothing in this Disclosure Agreement shall be interpreted to the contrary.
RETAIL WASTEWATER SERVICE AGREEMENTRetail Wastewater Service Agreement • November 15th, 2019 • Florida
Contract Type FiledNovember 15th, 2019 JurisdictionTHIS AGREEMENT is made and entered into this day of , 2019, (the “Effective Date”) by and between the Town of Howey-in-the-Hills, a Florida municipal corporation (hereafter “TOWN”), and Bishops Gate Homeowners’ Association, Inc., a Florida not-for-profit corporation (hereafter “COMMUNITY”).
AGREEMENT CONTAINING CONSENT ORDERConsent Order • August 20th, 2014
Contract Type FiledAugust 20th, 2014The Federal Trade Commission (“Commission”), having initiated an investigation of cer- tain acts and practices of National Association of Teachers of Singing, Inc. (“hereinafter referred to as “Proposed Respondent”) and it now appearing that Proposed Respondent is willing to enter into this Agreement Containing Consent Order (“Consent Agreement”):
ASSET AND STOCK PURCHASE AGREEMENT dated as of May 15, 2014 by and between DARDEN RESTAURANTS, INC. andAsset and Stock Purchase Agreement • May 23rd, 2014 • Darden Restaurants Inc • Retail-eating places • Delaware
Contract Type FiledMay 23rd, 2014 Company Industry JurisdictionThis ASSET AND STOCK PURCHASE AGREEMENT (this “Agreement”) dated as of May 15, 2014 by and between DARDEN RESTAURANTS, INC., a Florida corporation (“Seller”), and RL Acquisition, LLC, a Delaware limited liability company (“Buyer”). Each of Seller and Buyer is referred to herein as a “Party” and collectively as the “Parties”.
SITE OCCUPANT LEASE AGREEMENT NO.: C20756 between SPACE FLORIDA AND STARFIGHTERS AEROSPACE, INC. for AREA BESIDE THE AIRCRAFT GROUND EQUIPMENT SHED (J6-2362) and a portion of the RLV HANGAR-FLIGHT VEHICLE FACILITY (J6-2466) at the SHUTTLE LANDING FACILITYSite Occupant Lease Agreement • July 23rd, 2024 • Starfighters Space, Inc. • Air transportation, scheduled • Florida
Contract Type FiledJuly 23rd, 2024 Company Industry JurisdictionTHIS SITE OCCUPANT LEASE AGREEMENT (this "Lease"), is entered into as of June 1, 2022 (the "Effective Date"), between SPACE FLORIDA, an independent special district, a body politic and corporate, and a subdivision of the State of Florida ("Landlord"), whose address is 505 Odyssey Way, Suite 300, Exploration Park, FL 32953, and STARFIGHTERS AEROSPACE, INC. a Florida corporation ("Tenant"), with the principal address at 1608 N. Jasmine Avenue, Tarpon Springs, FL 34689.
EX-10.2 2 chpii-ex102_6.htm EX-10.2 LOAN AGREEMENT for a loan in the amount of MADE BY AND BETWEEN CHP II RIVERVIEW FL OWNER, LLC, a Delaware limited liability company and CHP II RIVERVIEW FL TENANT, LLC, a Delaware limited liability company Orlando,...Loan Agreement • May 5th, 2020 • Florida
Contract Type FiledMay 5th, 2020 JurisdictionTHIS LOAN AGREEMENT (“Agreement”) is executed as of August 31, 2018 by and between CHP II RIVERVIEW FL OWNER, LLC, a Delaware limited liability company and CHP II RIVERVIEW FL TENANT, LLC, a Delaware limited liability company (jointly and severally, individually, each and/or together, “Borrower”), and FLORIDA COMMUNITY BANK, N.A., a national banking association, its successors and assigns (“Lender”).
GUARANTYGuaranty • February 9th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts • Florida
Contract Type FiledFebruary 9th, 2012 Company Industry JurisdictionThis GUARANTY (“Guaranty”) is effective as of FEBRUARY 9, 2012 by CARTER VALIDUS OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Guarantor”), for the benefit of AMERICAN MOMENTUM BANK (“Lender”).
CONTRACT FOR BANKING SERVICESContract for Banking Services • April 15th, 2021
Contract Type FiledApril 15th, 2021This Contract for Banking Services (the "Contract"), is entered into this ____ day of ____, ____, by and between the FLORIDA PREPAID COLLEGE BOARD (the "Board"), an agency of the State of Florida, located in Tallahassee, Florida and _________ (the "Contractor"), a national bank located in _______________ and chartered in _________, and licensed to operate in Florida.
MEMORANDUMPurchase Agreement • September 6th, 2024
Contract Type FiledSeptember 6th, 2024Attached for your consideration is a proposed Purchase Agreement with Sharon K. Richardson for the purchase of real property located at 623 Union Drive. This property is required for the extension of Lakeland Park Center Drive from Union Drive to Carpenters Way. The purchase price for the property is $530,023.71.
PURCHASE AGREEMENT by and between WEBSTER REHAB, LP, a Texas limited partnership as Seller, and CARTER VALIDUS PROPERTIES, LLC, a Delaware limited liability company as PurchaserPurchase Agreement • June 11th, 2015 • Carter Validus Mission Critical REIT II, Inc. • Real estate investment trusts
Contract Type FiledJune 11th, 2015 Company IndustryAssignor indemnifies Assignee from any claims applicable to the Assigned Properties with respect to the period prior to the date hereof. Assignee indemnifies Assignor from any claims applicable to the Assigned Properties with respect to the period from and after the date hereof.
CONTRACT FOR ACTUARIAL SERVICESContract for Actuarial Services • March 16th, 2021
Contract Type FiledMarch 16th, 2021Pursuant to Section 1009.972, funds received by the Board that are associated with the Prepaid Plan are deposited and held in the Prepaid Fund within the Prepaid College Trust Fund (the “Fund”).
MEMORANDUMDevelopment Agreement • February 16th, 2022 • Florida
Contract Type FiledFebruary 16th, 2022 JurisdictionForestar (USA) Real Estate Group, Inc. is proposing to develop a residential community (Hawthorne) consisting of up to 1,051 single-family detached and 180 single-family attached dwelling units on 486.842 acres generally located south of West Pipkin Road, north of Ewell Road and west of the Riverstone development. A Planned Unit Development (PUD) zoning ordinance was originally approved for the property on February 19, 2007 by a previous developer, with the last major modification to the PUD being adopted by the City Commission on December 17, 2018. The recommended PUD conditions address the Project’s expected traffic impacts in the 2030 buildout year as analyzed in a Major Traffic Study submitted by Traffic & Mobility Consultants, LLC dated March 2021. With Polk County’s on-going four-lane construction project on West Pipkin Road between Medulla Road and Harden Boulevard and three-lane reconstruction project between Harden Boulevard and South Florida Avenue, the primary transportation
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • January 6th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts • New York
Contract Type FiledJanuary 6th, 2012 Company Industry JurisdictionTHIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of the 3rd day of January, 2012 by DC-180 PEACHTREE, LLC, a Delaware limited liability company, having an office at 4211 West Boy Scout Boulevard, Suite 500, Tampa, Florida 33607 (“Borrower”), CARTER/VALIDUS OPERATING PARTNERSHIP, LP, a Delaware limited partnership, having an office at 4211 West Boy Scout Boulevard, Suite 500, Tampa, Florida 33607 (“Non-Borrower Indemnitor”; and together with Borrower, each an “Indemnitor” and collectively, “Indemnitors”), in favor of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an office at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, “Indemnitee”) and the other Indemnified Parties (defined below).
AMENDED AND RESTATEDWholesale Wastewater Treatment Agreement • June 21st, 2024 • Florida
Contract Type FiledJune 21st, 2024 JurisdictionFlorida municipal corporation (hereafter “Howey”), and the Central Lake Community Development District, a Florida Special Districtspecial district created pursuant to Chapter 190 of the Florida Statutes, (hereafter the “CDD”)., and amends and restates in their entirety:
This instrument prepared by and should be returned to: Thomas J. Wilkes GrayRobinsonDevelopment Agreement • November 23rd, 2022 • Florida
Contract Type FiledNovember 23rd, 2022 Jurisdiction
AMENDMENT AND RESTATEMENT OF THE RESERVE AT HOWEY-IN-THE-HILLS DEVELOPER’S AGREEMENTDeveloper's Agreement • August 18th, 2021 • Florida
Contract Type FiledAugust 18th, 2021 JurisdictionHILLS DEVELOPER’S AGREEMENT (“Agreement”) is made this 2021, between the Town of Howey-in-the-Hills, Florida, a Florida municipal corporation, whose address for purposes of this Agreement is P.O. Box 128, Howey-in-the-Hills, Florida 34737 (the “Town”), Eagle’s Landing at Ocoee, Inc., a Florida corporation, whose address for purposes of this Agreement is P.O. Box 770609, Winter Garden, Florida 34777, Howey In the Hills, Ltd., a Florida limited partnership, whose address for purposes of this Agreement is 10165 NW 19th Street, Miami, Florida 33172 and REO Funding Solutions, LLC., whose address for purposes of this Agreement is 100 N Tampa ST Suite 1850, Tampa, Florida 33602 (collectively, the “Owners”).
PURCHASE AGREEMENT FOR REAL PROPERTYPurchase Agreement • October 19th, 2022
Contract Type FiledOctober 19th, 2022THIS AGREEMENT (“Agreement”), is made and entered into as of the Effective Date (defined below), by and between BOSWORTH ENTERPRISES, INC., a Florida corporation, whose mailing address is 28618 Lindenhurst Drive, Wesley Chapel, FL 33544 (hereinafter referred to as the “Property Owner”), CAR WASH 54, a Florida expired fictitious entity, whose mailing address is 28618 Lindenhurst Drive, Wesley Chapel, FL 33544 (hereinafter referred to as the “Tenant”) and PASCO COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 37918 Meridian Avenue, Dade City, Florida 33525 (hereinafter referred to as the “County”) (the Property Owner and the County are individually sometimes hereinafter referred to as “Party” and collectively the “Parties”).
TRADE STREET, SAN DIEGO CENTER REAL ESTATE SALE CONTRACTReal Estate Sale Contract • December 19th, 2013 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts
Contract Type FiledDecember 19th, 2013 Company IndustryBy this instrument, dated as of , 2013, for valuable consideration, receipt of which is hereby acknowledged, the undersigned grantor, PACIFIC BELL TELEPHONE COMPANY, a California corporation, formally known as The Pacific Telephone and Telegraph Company (“Grantor”), hereby grants to (“Grantee”) an undivided interest in all that certain real property and the improvements located thereon located in the State of California, County of San Diego, City of San Diego as more particularly described in Exhibit A attached hereto and incorporated herein by this reference, (the “Property”) subject to all real property taxes and assessments, not delinquent, and covenants, conditions, restrictions, encumbrances and other matters of record.
CREDIT AGREEMENT DATED AS OF MARCH 30, 2012 by and among CARTER/VALIDUS OPERATING PARTNERSHIP, LP, AS BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS...Credit Agreement • April 4th, 2012 • Carter Validus Mission Critical REIT, Inc. • Real estate investment trusts
Contract Type FiledApril 4th, 2012 Company IndustryTHIS JOINDER AGREEMENT (“Joinder Agreement”) is executed as of , 20 , by , a (“Joining Party”), and delivered to KeyBank National Association, as Agent, pursuant to §5.5 of the Credit Agreement dated as of March 30, 2012, as from time to time in effect (the “Credit Agreement”), by and among Carter/Validus Operating Partnership, LP (the “Borrower”), KeyBank National Association, for itself and as Agent, and the other Lenders from time to time party thereto. Terms used but not defined in this Joinder Agreement shall have the meanings defined for those terms in the Credit Agreement.
CONTRACT FOR SPECIAL LEGAL SERVICESContract for Special Legal Services • March 20th, 2024 • Florida
Contract Type FiledMarch 20th, 2024 JurisdictionTHIS CONTRACT is made and entered into as of May 2, 2024, by and between the HILLSBOROUGH COUNTY AVIATION AUTHORITY, an independent special district under the laws of the State of Florida (“Authority”), and GRAYROBINSON, P.A., a Florida corporation authorized to do business in the State of Florida (“Special Counsel”).
AMENDMENT NO. 5 Dated as of November 17, 2023 To AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 11, 2019Credit Agreement • November 27th, 2023 • Yellow Corp • Trucking (no local) • New York
Contract Type FiledNovember 27th, 2023 Company Industry JurisdictionTHIS AMENDMENT NO. 5 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is dated as of November 17, 2023 and made by and among Yellow Corporation, a Delaware corporation (the “Borrower”), the other Guarantors party to the Credit Agreement (as defined below), the financial institutions listed on the signature pages hereof and Alter Domus Products Corp., as administrative agent and collateral agent (acting collectively in such capacities, the “Administrative Agent”), under that certain Amended and Restated Credit Agreement, dated as of September 11, 2019 by and among the Borrower, the Guarantors party thereto from time to time, the Lenders and the Administrative Agent (as (a) amended by (i) Amendment No. 1 to Amended and Restated Credit Agreement dated as of April 7, 2020, (ii) Amendment No. 2 to Amended and Restated Credit Agreement dated as of July 7, 2020, (iii) Amendment No. 3 to Amended and Restated Credit Agreement dated as of July 7, 2023, (iv) Amendment No. 4 to Amended