ARC OP definition
Examples of ARC OP in a sentence
Nothing in this Release supersedes the representations and warranties of the REIT and ARC OP included in the Letter Agreement.
Effective immediately upon consummation of the OP Merger, title to all assets and all liabilities of ARC OP, including, but not limited to the Obligations under the Credit Agreement, became vested in and an asset or liability, as applicable, of AF OP, as surviving entity of the OP Merger, without reversion or impairment.
Notwithstanding the foregoing and for the avoidance of doubt, AF OP, as surviving entity of the OP Merger, hereby assumes all of the obligations and liabilities of ARC OP under the Credit Agreement and the other Loan Documents to which ARC OP was a party.
By its signature below, Purchaser acknowledges that all knowledge of ARC OP I shall be imputed to Purchaser for all purposes of the Agreement, and Purchaser affirms and makes to Seller all of the representations and warranties of “Purchaser” set forth in Section 9 of the Agreement.
Seller and ARC OP I entered into that certain Agreement of Sale dated June 16, 2014, as amended by that certain First Amendment to Agreement of Sale dated July 20, 2014 (the “Agreement”), and Seller and ARC OP I desire to further amend the Agreement as hereinafter set forth.
ARC OP, ARC REIT, the other Guarantors party thereto, the Lenders party thereto, and the Administrative Agent have heretofore entered into that certain Amended and Restated Credit Agreement, dated as of December 2, 2014, as amended by that certain First Amendment to Credit Agreement dated as of September 8, 2015 (the “First Amendment”; such Credit Agreement, as amended by the First Amendment, being referred to herein as the “Credit Agreement”).
Seller acknowledges and consents to such assignment and acknowledges and agrees that, notwithstanding the requirements and provisions of Section 19(e) of the Agreement, (i) ARC OP I retains no rights or obligations under the Agreement, and (ii) AMERICAN REALTY CAPITAL HEALTHCARE TRUST II OPERATING PARTNERSHIP, L.P., a Delaware limited partnership is hereafter, the “Purchaser” for all purposes of the Agreement.
ARC OP I hereby assigns the Agreement and all of its rights and obligations thereunder to AMERICAN REALTY CAPITAL HEALTHCARE TRUST II OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Purchaser”); and Purchaser hereby accepts and acknowledges such assignment and assumes and agrees to perform such obligations.
In connection with the release of the Whitehall Guarantors from the Pool I Debt Guarantees and pursuant to the Letter Agreement, the undersigned hereby release and discharge the ARC Individual Guarantors from their obligations under: (i) the Pool II Mandatory Redemption Guaranty, (ii) the Pool II Bad Boy Guaranty, and (iii) that certain Environmental Indemnity Agreement dated as of February 27, 2015 by ARC OP, the REIT and the ARC Individual Guarantors (Pool II) in favor of the undersigned.