Common use of Amendment to Indenture Clause in Contracts

Amendment to Indenture. A. Each of the parties to this Agreement, including the Insurer, as Controlling Party under each Series of Notes issued pursuant to the Indenture, hereby agrees to amend Section 9.06(a) of the Indenture by adding the following at the end of the paragraph: Notwithstanding anything to the contrary herein, transfers of indirect interests in the Issuers, the Mortgage Loans, Mortgaged Properties and Leases as a result of (a) the issuance and public trading of shares in Spirit Realty Capital, Inc., a Maryland corporation (formerly known as Spirit Finance Corporation), (b) the issuance and transfers of limited partnership interests in Spirit Realty, L.P., a Delaware limited partnership (as successor by conversion to Spirit Finance Acquisitions, LLC), (c) the exchange of limited partnership interests in Spirit Realty, L.P. for shares in Spirit Realty Capital, Inc. and (d) transfers of any interests of any entity that owns equity interests in Spirit Realty Capital, Inc. and Spirit Realty, L.P. shall be permitted; provided that, in each case, at all times Spirit Realty Capital, Inc., maintains indirect control of the Issuers (collectively, “Permitted Transfers”).