MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP and MGP FINANCE CO-ISSUER, INC., as Issuers, THE SUBSIDIARY GUARANTORS PARTY HERETO, as Subsidiary Guarantors and U.S. BANK NATIONAL ASSOCIATION, as Trustee 5.750% SENIOR NOTES DUE 2027 INDENTURE DATED AS...Indenture • January 25th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
INDENTURE dated as of January 25, 2019 among MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Company”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer” and, together with the company, the “Issuers”), the Subsidiary Guarantors (as hereinafter defined) party hereto, and U.S. Bank National Association, a national banking association, as Trustee (the “Trustee”).
MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP and MGP FINANCE CO-ISSUER, INC., as Issuers, THE SUBSIDIARY GUARANTORS PARTY HERETO, as Subsidiary Guarantors and U.S. BANK NATIONAL ASSOCIATION, as Trustee 3.875% SENIOR NOTES DUE 2029 INDENTUREIndenture • November 20th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
INDENTURE dated as of November 19, 2020 among MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Company”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer” and, together with the company, the “Issuers”), the Subsidiary Guarantors (as hereinafter defined) party hereto, and U.S. Bank National Association, a national banking association, as Trustee (the “Trustee”).
EMPLOYMENT AGREEMENTEmployment Agreement • June 20th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Nevada
This Employment Agreement (this “Agreement”) is entered into as of May 1, 2019 by and between MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (“Employer”), James C. Stewart (“Employee”).
MGM Growth Properties LLC (a Delaware limited liability company) 17,000,000 Class A Common Shares UNDERWRITING AGREEMENTMGM Growth Properties Operating Partnership LP • January 31st, 2019 • Real estate investment trusts • New York
MGM Growth Properties LLC, a Delaware limited liability company (the “Company”) confirms its agreement with J.P. Morgan Securities LLC, Barclays Capital Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated and Citigroup Global Markets Inc. and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom J.P. Morgan Securities LLC, Barclays Capital Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated and Citigroup Global Markets Inc. are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of class A common shares of the Company (“Class A Common Shares”) set forth in Schedule A hereto (the “Initial Securities”) and (ii) the grant by the Company to the Underwriters, acting severall
Date: November 19, 2019 To: MGM Growth Properties LLC Las Vegas, NV 89135 From: Bank of America, N.A. Re: Confirmation for Registered Share Forward TransactionsMGM Growth Properties Operating Partnership LP • November 22nd, 2019 • Real estate investment trusts • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between Bank of America, N.A. (“Dealer”) and MGM Growth Properties LLC, a Delaware limited liability company (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement shall constitute a “Confirmation” as referred to in the Agreement specified below.
MGM GROWTH PROPERTIES LLC FORM OF RESTRICTED SHARE UNITS AGREEMENTRestricted Share Units Agreement • February 16th, 2022 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Nevada
This Restricted Share Units Agreement (including its Exhibit, the “Agreement”) is made by and between MGM Growth Properties LLC, a Delaware limited liability company (the “Company”), and [●] (the “Participant”) with an effective date of [●].
SEVENTH SUPPLEMENTAL INDENTURE TO INDENTUREIndenture • September 27th, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
SEVENTH SUPPLEMENTAL INDENTURE (this “Seventh Supplemental Indenture”), dated as of September 23, 2021, among MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
EXECUTION VERSION THIRD AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS Dated as of July 15, 2020 among MANDALAY PROPCO, LLC and MGM GRAND PROPCO, LLC, collectively, as Borrower and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as...Loan Agreement and Other Loan Documents • November 2nd, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
LOAN AGREEMENT Dated as of February 14, 2020 By and Among MANDALAY PROPCO, LLC and MGM GRAND PROPCO, LLC, collectively, as Borrower and CITI REAL ESTATE FUNDING INC., BARCLAYS CAPITAL REAL ESTATE INC., DEUTSCHE BANK AG, NEW YORK BRANCH and SOCIÉTÉ...Loan Agreement • February 18th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This LOAN AGREEMENT, dated as of February 14, 2020 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among CITI REAL ESTATE FUNDING INC., having an address at 388-390 Greenwich Street, Tower Floor 8, New York, New York 10013 (together with its successors and/or assigns, “Citi”), BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, having an address at 745 Seventh Avenue, New York, New York 10019 (together with its successors and/or assigns, “Barclays”), DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank, authorized by the New York Department of Financial Services, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors, assigns and/or alternate branches, “DB”), SOCIÉTÉ GÉNÉRALE FINANCIAL CORPORATION, having an address at 245 Park Avenue, New York, New York 10167 (together with its successors and/or assigns, “SocGen” and, collectively with Citi, Barcl
MGM GROWTH PROPERTIES LLC FORM OF RESTRICTED SHARE UNITS AGREEMENTRestricted Share Units Agreement • February 23rd, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Nevada
This Restricted Share Units Agreement (including its Exhibit, the “Agreement”) is made by and between MGM Growth Properties LLC, a Delaware limited liability company (the “Company”), and [●] (the “Participant”) with an effective date of [●].
FIRST AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS Dated as of March 30, 2020Loan Agreement and Other Loan Documents • May 5th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS, dated as of March 30, 2020 (this “Amendment”), is by and among CITI REAL ESTATE FUNDING INC., a New York corporation, having an address at 388-390 Greenwich Street, Tower Floor 8, New York, New York 10013 (together with its successors and/or assigns, “Citi”), BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, having an address at 745 Seventh Avenue, New York, New York 10019 (together with its successors and/or assigns, “Barclays”), DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank, authorized by the New York Department of Financial Services, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors, assigns and/or alternate branches, “DB”), SOCIÉTÉ GÉNÉRALE FINANCIAL CORPORATION, having an address at 245 Park Avenue, New York, New York 10167 (together with its successors and/or assigns, “SocGen” and, collectively with Citi, Barclays, DB and
SIXTH AMENDMENT TO MASTER LEASEMaster Lease • February 18th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This SIXTH AMENDMENT TO MASTER LEASE (the “Amendment”) is entered into as of February 14, 2020 (the “Effective Date”), by and between MGP Lessor, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Landlord”), and MGM Lessee, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Tenant”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Master Lease (as hereinafter defined).
SECOND AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS Dated as of May 1, 2020 among MANDALAY PROPCO, LLC and MGM GRAND PROPCO, LLC , collectively, as Borrower and CITI REAL ESTATE FUNDING INC. , BARCLAYS CAPITAL REAL ESTATE INC. , DEUTSCHE BANK...Loan Agreement and Other Loan Documents • November 2nd, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
MGM GROWTH PROPERTIES LLC RESTRICTED SHARE UNITS AGREEMENTShare Units Agreement • May 4th, 2018 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Nevada
This Agreement (including its Exhibit, the “Agreement”) is made by and between MGM Growth Properties LLC, a Delaware limited liability company (the “Company”), and ______________ (the “Participant”) with an effective date of ______________ (the “Effective Date”).
MGM GROWTH PROPERTIES LLC FORM OF PERFORMANCE SHARE UNITS AGREEMENTShare Units Agreement • February 23rd, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Nevada
This Agreement (including its Exhibits, the “Agreement”) is made by and between MGM Growth Properties LLC, a Delaware limited liability company (the “Company”), and [●] (the “Participant”) with an effective date of [●] (the “Effective Date”).
SECOND SUPPLEMENTAL INDENTURE TO THE INDENTURESSupplemental Indenture • November 6th, 2018 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”), dated as of July 10, 2018, among Northfield Park Associates LLC, an Ohio limited liability company, and Cedar Downs OTB, LLC, an Ohio limited liability company (the “Guaranteeing Entities”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 18th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of April 25, 2016, among MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer. The Parties hereto hereby agree with reference to the following facts:
Date: November 19, 2019 To: MGM Growth Properties LLCMGM Growth Properties Operating Partnership LP • November 22nd, 2019 • Real estate investment trusts • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”) and MGM Growth Properties LLC, a Delaware limited liability company (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement shall constitute a “Confirmation” as referred to in the Agreement specified below.
SIXTH SUPPLEMENTAL INDENTURE TO THE INDENTURESSupplemental Indenture • May 5th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”), dated as of February 12, 2020, among MGP Lessor II, LLC, a Delaware limited liability company ( the “Guaranteeing Entity”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPMGM Growth Properties Operating Partnership LP • May 8th, 2017 • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of February 2, 2017, is entered into by and among MGM Growth Properties OP GP LLC, a Delaware limited liability company as the General Partner, MGM Growth Properties LLC, a Delaware limited liability company (“MGP”), and the other Persons listed as Limited Partners on Exhibit A attached hereto, together with MGP, as Limited Partners (together with any other Persons who become Partners in the Partnership as provided herein).
THIRD AMENDMENT TO MASTER LEASEMaster Lease • January 29th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This THIRD AMENDMENT TO MASTER LEASE (the “Amendment”) is entered into as of January 29, 2019 (the “Effective Date”), by and between MGP Lessor, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Landlord”), and MGM Lessee, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Tenant”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Master Lease (as hereinafter defined).
MGM Growth Properties LLC (a Delaware limited liability company) 11,500,000 Class A Common Shares UNDERWRITING AGREEMENTUnderwriting Agreement • September 11th, 2017 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
MGM Growth Properties LLC, a Delaware limited liability company (the “Company”) confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Deutsche Bank Securities Inc. and J.P. Morgan Securities LLC and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Deutsche Bank Securities Inc. and J.P. Morgan Securities LLC are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of class A common shares of the Company (“Class A Common Shares”) set forth in Schedule A hereto (the “Initial Securities”) and (ii) the grant by the Company to the Underwriters, acting severall
FOURTH SUPPLEMENTAL INDENTURE TO THE INDENTURESFourth Supplemental • May 7th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
FOURTH SUPPLEMENTAL INDENTURE (this “Fourth Supplemental Indenture”), dated as of March 29, 2019, among MGP OH Propco, LLC, a Delaware limited liability company (the “Guaranteeing Entity”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
FOURTH AMENDMENT TO MASTER LEASEMaster Lease • March 8th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT TO MASTER LEASE (the “Amendment”) is entered into as of March 7, 2019 (the “Effective Date”), by and between MGP Lessor, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Landlord”), and MGM Lessee, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Tenant”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Master Lease (as hereinafter defined).
MASTER TRANSACTION AGREEMENT BY AND AMONG MGM NATIONAL HARBOR, LLC, MGP LESSOR, LLC, MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP, MGM GROWTH PROPERTIES LLC, MGM RESORTS INTERNATIONAL AND MGM LESSEE, LLC DATED AS OF SEPTEMBER 5, 2017Master Transaction Agreement • September 6th, 2017 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Delaware
This Master Transaction Agreement (this “Agreement”), by and among MGM National Harbor, LLC, a Nevada limited liability company (the “Ground Lessee”), MGP Lessor, LLC, a Delaware limited liability company (the “Landlord”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “OP”), MGM Growth Properties LLC, a Delaware limited liability company (“MGP”), MGM Resorts International, a Delaware corporation (“MGM”) and MGM Lessee, LLC, a Delaware limited liability company (the “Tenant”), is dated as of September 5, 2017. The OP, Ground Lessee, Landlord, MGP, MGM and Tenant are each referred to herein as a “Party” and collectively as the “Parties.”
MGM Growth Properties LLC (a Delaware limited liability company) 19,000,000 Class A Common Shares UNDERWRITING AGREEMENTAgreement • March 15th, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
MGM Growth Properties LLC, a Delaware limited liability company (the “Company”) confirms its agreement with BofA Securities, Inc., J.P. Morgan Securities LLC, Barclays Capital Inc. and Scotia Capital (USA) Inc. and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom BofA Securities, Inc., BofA Securities, Inc., J.P. Morgan Securities LLC, Barclays Capital Inc. and Scotia Capital (USA) Inc. are acting as representatives (in such capacity, the “Representatives”), with respect to (i) the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of class A common shares of the Company (“Class A Common Shares”) set forth in Schedule A hereto (the “Initial Securities”) and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described
FIFTH SUPPLEMENTAL INDENTURE TO THE INDENTURESSupplemental Indenture • May 5th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”), dated as of January 22, 2020, among YRL Associates, L.P., a New York limited partnership (“YRL”) and MGP Yonkers Realty Sub, LLC, a New York limited liability company (“MGP Yonkers” and, together with YRL, the “Guaranteeing Entities”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
MGM GROWTH PROPERTIES LLC SECOND OMNIBUS AMENDMENT TO PERFORMANCE SHARE UNITSMGM Growth Properties Operating Partnership LP • February 16th, 2022 • Real estate investment trusts
This Second Omnibus Amendment to Performance Share Units (the “Amendment”) is made by and between MGM Growth Properties LLC, a Delaware limited liability company (the “Company”) and ______________ (the “Participant”) with an effective date of December 24, 2021 (the “Amendment Date”).
FIRST SUPPLEMENTAL INDENTURE TO INDENTURESupplemental Indenture • September 27th, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of September 23, 2021, among MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
FIRST SUPPLEMENTAL INDENTURE TO INDENTUREFirst Supplemental Indenture • September 27th, 2021 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”), dated as of September 23, 2021, among MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
SECOND AMENDMENT TO MASTER LEASEMaster Lease • October 6th, 2017 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This SECOND AMENDMENT TO MASTER LEASE (this “Amendment”) is entered into as of October 5, 2017 (the “Effective Date”), by and between MGP Lessor, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Landlord”), and MGM Lessee, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Tenant”). Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in the Master Lease (as hereinafter defined).
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT BY AND AMONG MGM GROWTH PROPERTIES LLC, MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP, AND THE INVESTORS PARTY HERETO Dated October 5, 2017Registration Rights Agreement • March 1st, 2018 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Amended and Restated Agreement”) is dated as of October 5, 2017 by and among MGM Growth Properties LLC, a Delaware limited liability company (the “Company”), certain wholly owned subsidiaries of MGM Resorts International, a Delaware corporation (“MGM”) listed as “Holders” on the signatures pages hereto or who may from time to time become party to this Agreement by joinder as set forth herein (each, a “Holder” and collectively, the “Holders”), the Permitted Transferees (as defined below) that become party hereto in accordance with this Agreement (the Holders and Permitted Transferees are sometimes referred to herein individually as an “Investor” and collectively as the “Investors”) and MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Partnership”).
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF MGM GROWTH PROPERTIES LLCLimited Liability Company Agreement • March 25th, 2020 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • Delaware
THIS AMENDMENT NO. 1 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF MGM GROWTH PROPERTIES LLC (this “Amendment”), dated as of March 24, 2020 is entered into and effectuated by the Board of Directors of MGM Growth Properties LLC (the “Company”) pursuant to the authority granted to it in Section 12.1 of the Amended and Restated Limited Liability Company Agreement of MGM Growth Properties LLC, dated as of April 18, 2016 (the “LLC Agreement”). Capitalized terms used herein but not defined herein are used as defined in the LLC Agreement.
FOURTH AMENDMENT TO CREDIT AGREEMENT AND INCREMENTAL JOINDER AGREEMENTCredit Agreement • June 18th, 2018 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of April 25, 2016, among MGM GROWTH PROPERTIES OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer. The Parties hereto hereby agree with reference to the following facts:
THIRD SUPPLEMENTAL INDENTURE TO THE INDENTURESSupplemental Indenture • May 7th, 2019 • MGM Growth Properties Operating Partnership LP • Real estate investment trusts • New York
THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of January 29, 2019, among MGP Yonkers Realty Sub, LLC, a New York limited liability company, and YRL Associates, L.P., a New York limited partnership (the “Guaranteeing Entities”), MGP Finance Co-Issuer, Inc., a Delaware corporation (the “Co-Issuer”), MGM Growth Properties Operating Partnership LP, a Delaware limited partnership (the “Issuer” and, together with the Co-Issuer, the “Issuers”), the other Subsidiary Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as Trustee under the Indenture referred to below (the “Trustee”).
