BANK OF AMERICA, N. A., as Initial Note A-1-1 Holder, Initial Note A-1-2 Holder, Initial Note A-1-3 Holder, Initial Note A-1-4 Holder and Initial Note A-1-5 Holder By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders UBS AG, NEW YORK BRANCH, as Initial Note A-2-1 Holder, Initial Note A-2-2 Holder, Initial Note A-2-3 Holder, Initial Note A-2-4 Holder, Initial Note A-2-5 Holder, Initial Note A-2-6 Holder, Initial Note A-2-7 Holder, Initial Note A-2-8 Holder, Initial Note A-2-9 Holder, Initial Note A-2-10 Holder and Initial Note A-2- 11 Holder By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Executive Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Managing Director 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders LMF COMMERCIAL, LLC, as Initial Note A-3-1 Holder, Initial Note A-3-2 Holder, Initial Note A-3-3 Holder, Initial Note A-3-4 Holder, Initial Note A-3-5 Holder, Initial Note A-3-6 Holder, Initial Note A-3-7 Holder and Initial Note A-3-8 Holder By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Auhorized Signatory 00 Xxxx 00xx Xxxxxx - Agreement Between Note Holders EXHIBIT A MORTGAGE LOAN SCHEDULE Description of Mortgage Loan Mortgage Loan Borrowers: 11 WEST 42 REALTY INVESTORS, L.L.C. Date of Mortgage Loan: June 30, 2023 Date of All Promissory Notes: June 30, 2023 Original Principal Amount of Mortgage Loan: $274,000,000 Principal Amount of Mortgage Loan as of the date hereof: $274,000,000 Promissory Note A-1-1 Principal Balance: $30,000,000 Promissory Note A-1-2 Principal Balance: $25,000,000 Promissory Note A-1-3 Principal Balance: $15,000,000 Promissory Note A-1-4 Principal Balance: $11,333,334 Promissory Note A-1-5 Principal Balance: $10,000,000 Promissory Note A-2-1 Principal Balance: $6,333,333 Promissory Note A-2-2 Principal Balance: $20,000,000 Promissory Note A-2-3 Principal Balance: $10,000,000 Promissory Note A-2-4 Principal Balance: $10,000,000 Promissory Note A-2-5 Principal Balance: $10,000,000 Promissory Note A-2-6 Principal Balance: $10,000,000 Promissory Note A-2-7 Principal Balance: $5,000,000 Promissory Note A-2-8 Principal Balance: $5,000,000 Promissory Note A-2-9 Principal Balance: $5,000,000 Promissory Note A-2-10 Principal Balance: $5,000,000 Promissory Note A-2-11 Principal Balance: $5,000,000 Promissory Note A-3-1 Principal Balance: $25,000,000 Promissory Note A-3-2 Principal Balance: $23,000,000 Promissory Note A-3-3 Principal Balance: $10,000,00...
BANK OF AMERICA, N. A., a national banking association, including its successors and assigns, as liquidity provider (the “Liquidity Provider”).
BANK OF AMERICA, N. A., as Collateral Agent for the Secured Parties and Administrative Agent for the Lenders By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: Vice President [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. BANK OF AMERICA, N.A., as a Committed Lender By: /s/ Xxxxxx Xxxx-Xxxxxx Name: Xxxxxx Xxxx-Xxxxxx Title: Director BANK OF AMERICA, N.A., as a Group Agent By: /s/ Xxxxxx Xxxx-Xxxxxx Name: Xxxxxx Xxxx-Xxxxxx Title: Director [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Committed Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director CREDIT SUISSE AG, NEW YORK BRANCH, as a Group Agent By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Director By: /s Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Director [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. DEUTSCHE BANK AG, NEW YORK BRANCH, as a Committed Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Director DEUTSCHE BANK AG, NEW YORK BRANCH, as a Group Agent By: /s/ X. Xxxxxxxxxx Name: X. Xxxxxxxxxx Title: Managing Director [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. GIFS CAPITAL COMPANY LLC, as a Conduit Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Manager [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. Solely in respect of its obligations under Article 11, Section 10.20 and Section 10.21: SOLARCITY CORPORATION, as Limited Guarantor By: /s/ Xxxx Xxxx Name: Xxxx Xxxx Title: Chief Financial Officer [Signature Page to Loan Agreement] [***] Confidential treatment has been requested for the br...
BANK OF AMERICA, N. A., as Initial Note A-1-1 Holder By: /s/ Sxxxxx Xxxxxx Name: Sxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-1-2 Holder By: /s/ Sxxxxx Xxxxxx Name: Sxxxxx Xxxxxx Title: Managing Director BANK OF AMERICA, N.A., as Initial Note A-2 Holder By: /s/ Sxxxxx Xxxxxx Name: Sxxxxx Xxxxxx Title: Managing Director American Greetings HQ Agreement Between Note Holders EXHIBIT A MORTGAGE LOAN SCHEDULE Description of Mortgage Loan Mortgage Loan Borrower: AG HQ Creative Studios, LLC Date of Mortgage Loan: October 5, 2016 Original Principal Amount of Mortgage Loan: $92,000,000 Principal Amount of Mortgage Loan as of the date hereof: $92,000,000 Replacement Promissory Note A-1-1 Principal Balance: $38,000,000 Date of Promissory Note A-1-1: October 27, 2016 Replacement Promissory Note A-1-2 Principal Balance: $27,000,000 Date of Promissory Note A-1-2: October 27, 2016 Promissory Note A-2 Principal Balance: $27,000,000 Date of Promissory Note A-2: October 5, 2016 Location of Mortgaged Property: Westlake, Ohio Initial Maturity Date: November 1, 2026 EXHIBIT B
BANK OF AMERICA, N. A. and Affiliates. With respect to its Commitment, its Advances, and any Loan Papers, Bank of America, N.A. has the same Rights under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent. Bank of America, N.A. and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with the Borrower, the Parent or any Subsidiary of the Borrower, any Affiliate thereof, and any Person who may do business therewith, all as if Bank of America, N.A. were not Administrative Agent and without any duty to account therefor to any Lender.
BANK OF AMERICA, N. A., as a Lender, Swingline Lender and an Issuing Bank By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Senior Vice President XXXXX FARGO BANK, NATIONAL ASSOCIATION, as a Lender and an Issuing Bank By: /s/ Xxxxx X. Xxxxxxxxxx Name: Xxxxx X. Xxxxxxxxxx Title: Director THE ROYAL BANK OF SCOTLAND PLC, as a Lender and an Issuing Bank By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President DEUTSCHE BANK TRUST COMPANY AMERICAS, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxxx Name: Xxxxxx X. Xxxxxxxxxx Title: Director By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Vice President XX XXXXXX CHASE BANK, N.A., as a Lender By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President XXXXXXX XXXXX BANK USA, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Authorized Signatory UBS LOAN FINANCE LLC, as a Lender By: /s/ Xxxx X. Xxxx Name: Xxxx X. Xxxx Title: Associate Director By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: Associate Director BARCLAYS BANK PLC, as a Lender By: /s/ Xxx Xxx Name: Xxx Xxx Title: Assistant Vice President CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as a Lender By: /s/ Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Vice President By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Associate BNP PARIBAS, as a Lender By: /s/ Xxxxxxxx X. Xxxxxxxxx XX Name: Xxxxxxxx X. Xxxxxxxxx XX Title: Vice President By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Managing Director CITIBANK, N.A., as a Lender By: /s/ Xxxx Xxxx Xxxxxxxx Name: Xxxx Xxxx Xxxxxxxx Title: Vice President THE BANK OF NEW YORK MELLON, as a Lender By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Vice President THE BANK OF NOVA SCOTIA, as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director UNION BANK, N.A., as a Lender and an Issuing Bank By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Vice President CIBC, INC., as a Lender By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Executive Director PNC BANK, NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx Title: Senior Vice President SOCIÉTÉ GÉNÉRALE as a Lender By: /s/ Xxx Xxxx Name: Xxx Xxxx Title: Vice President SUNTRUST BANK, as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director THE NORTHERN TRUST COMPANY, as a Lender By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President U.S. BANK NATIONAL ASS...
BANK OF AMERICA, N. A., as Administrative Agent acting for the benefit of the Secured Parties under the Credit Agreement (all as defined below) (the Pledgee). IN THE PRESENCE OF
BANK OF AMERICA, N. A., as Deal Agent on behalf of the Warehouse Facility Lenders and the Warehouse Facility Agents;
BANK OF AMERICA, N. A. (successor by merger to LaSalle Business Credit, LLC, as agent for LaSalle Bank Midwest National Association, acting through its division, LaSalle Retail Finance), with offices at 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, as collateral agent (in such capacity, the “Collateral Agent”, and together with the Administrative Agent, individually an “Agent” and collectively, the “Agents”) for its own benefit and the benefit of the other Credit Parties; and
BANK OF AMERICA, N. A. (acting through its Canada branch), a banking corporation carrying on business under the Bank Act (Canada), having a place of business at 000 Xxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxx, Xxxxxx X0X 0X0, as Canadian Administrative Agent (in such capacity, together with any replacement thereof pursuant to SECTION 8.12 hereof, the “Canadian Agent”) for its own benefit and the benefit of the other Secured Parties;
