Common use of Borrower Clause in Contracts

Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President

Appears in 2 contracts

Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.)

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Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, LLCWU/LH 15 EXECUTIVE L.L.C., a Delaware limited liability company By: Xxxxxxxx CapitalGTJ REALTY, Inc.LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its managing member general partner By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer GTJ REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK CFO WU/LH 35 EXECUTIVE L.L.C., a Delaware limited liability company By: GTJ REALTY, LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its general partner By: GTJ REIT, INC., a Maryland corporation, its sole member By: /s/ Xxxxxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President FIRSTBANK CFO WU/LH 00 XXXXX XXXX L.L.C., a Delaware limited liability company By: GTJ REALTY, LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its general partner By: GTJ REIT, INC., a Maryland corporation, its sole member By: /s/ Xxxx Xxxxxx Xxxxx Xxxxxxxx Name: Xxxx Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President TRIUMPH BANK CFO WU/LH 470 BRIDGEPORT L.L.C., a Delaware limited liability company By: GTJ REALTY, LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its general partner By: GTJ REIT, INC., a Maryland corporation, its sole member By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President RENASANT BANK CFO WU/LH 950 BRIDGEPORT L.L.C., a Delaware limited liability company By: GTJ REALTY, LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its general partner By: GTJ REIT, INC., a Maryland corporation, its sole member By: /s/ Xxxxxxx Xxxx Xxxxx Xxxxxxxx Name: Xxxxxxx Xxxx Xxxxx Xxxxxxxx Title: Senior Vice President PINNACLE BANK CFO (Signatures continue on the following page.) WU/LH 8 XXXXXX L.L.C., a Delaware limited liability company By: GTJ REALTY, LP, a Delaware limited partnership its sole member By: GTJ GP, LLC, a Maryland limited liability company, its general partner By: GTJ REIT, INC., a Maryland corporation, its sole member By: /s/ Xxxxxx Xxxxx Xxxxxxxx Name: Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice PresidentCFO GUARANTOR: GTJ REIT, INC., A Maryland corporation By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: CFO STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of 00 Xxxxxxxxx Xxxxxxxx] XXXXX XX XXX XXXX ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of 00 Xxxxxxxxx Xxxxxxxx] XXXXX XX XXX XXXX ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of Xxxxx Xxxx Xxxxxxxx] STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of 000 Xxxxxxxxxx Xxxxxxxx] XXXXX XX XXX XXXX ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of 000 Xxxxxxxxxx Xxxxxxxx] XXXXX XX XXX XXXX ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of 0 Xxxxxx Xxxxxxxx] STATE OF NEW YORK ) ) ss.: COUNTY OF ) On the day of in the year 2012 before me, the undersigned, a Notary Public in and for said State, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals(s) acted, executed the instrument. /s/ Xxxxx Xxxxxxx (Signature and office of individual taking acknowledgment.) Notary Public My Commission Expires: [Acknowledgment on behalf of Guarantor]

Appears in 1 contract

Samples: Environmental Indemnity Agreement (GTJ REIT, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING ZOE’S KITCHEN USA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO CREDIT PARTIES: ZOE’S KITCHEN, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO SOHO FRANCHISING, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S ARIZONA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S COLORADO, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S FLORIDA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S KITCHEN HOLDING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSCFO ZOE’S LOUISIANA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGECFO ZOE’S MARYLAND, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1CFO ZOE’S RESTAURANTS NASHVILLE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSCFO ZOE’S NORTH CAROLINA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S OKLAHOMA, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member company By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentCFO ZOË’S RESTAURANTS, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATIONL.L.C, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. an Alabama limited liability company By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK CFO ZOE’S SOUTH CAROLINA, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxx Xxxxx X. Xxxxxx Name: Xxxxxxx Xxxx Xxxxx X. Xxxxxx Title: Senior Vice President PINNACLE BANK CFO ZOE’S TEXAS, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZK TEXAS BEVERAGES, LLC, a Texas limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxxx Xxxxx Xxxxx Title: Senior Vice PresidentPresident & COO Second Amendment to Credit Agreement ZK TEXAS HOLDINGS, LLC, a Texas limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZK TEXAS MANAGEMENT, LLC, a Texas limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S VIRGINIA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S ANNAPOLIS, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO Second Amendment to Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING ZOE’S KITCHEN USA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO CREDIT PARTIES: ZOE’S KITCHEN, INC., a Delaware corporation By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO SOHO FRANCHISING, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S ARIZONA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S COLORADO, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S FLORIDA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S KITCHEN HOLDING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSCFO ZOE’S LOUISIANA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGECFO ZOE’S MARYLAND, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1CFO ZOE’S RESTAURANTS NASHVILLE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSCFO ZOE’S NORTH CAROLINA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S OKLAHOMA, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member company By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentCFO ZOË’S RESTAURANTS, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATIONL.L.C, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. an Alabama limited liability company By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx Xxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK CFO ZOE’S SOUTH CAROLINA, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxx Xxxxx X. Xxxxxx Name: Xxxxxxx Xxxx Xxxxx X. Xxxxxx Title: Senior Vice President PINNACLE BANK CFO ZOE’S TEXAS, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZK TEXAS BEVERAGES, LLC, a Texas limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxxx Xxxxx Xxxxx Title: Senior Vice PresidentPresident & COO Second Amendment to Credit Agreement ZK TEXAS HOLDINGS, LLC, a Texas limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZK TEXAS MANAGEMENT, LLC, a Texas limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S VIRGINIA, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO ZOE’S ANNAPOLIS, LLC, a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: CFO

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYHIT PORTFOLIO I OWNER, LLC HIT PORTFOLIO I BHGL OWNER, LLC HIT PORTFOLIO I PXGL OWNER, LLC HIT PORTFOLIO I GBGL OWNER, LLC HIT PORTFOLIO I NFGL OWNER, LLC HIT PORTFOLIO I MBGL 950 OWNER, LLC, Each a Delaware limited liability company By: Xxxxxxxx Capital/s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer HIT PORTFOLIO I NTC OWNER, Inc.LP a Delaware limited partnership By: HIT Portfolio I NTC Owner GP, a Maryland limited liability companyLLC, its managing member general partner By: /s/ Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Name: Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Title: Senior Vice PresidentPresident and Chief Executive Officer HIT PORTFOLIO I DLGL OWNER, LP, a Delaware limited partnership By: HIT Portfolio I NTC Owner GP, LLC, its general partner By: /s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Chief Financial Executive Officer Forbearance Agreement OPERATING LESSEE: HIT PORTFOLIO I TRS, LLC HIT PORTFOLIO I HIL TRS, LLC HIT PORTFOLIO I MCK TRS, LLC HIT PORTFOLIO I MISC TRS, LLC HIT PORTFOLIO I DEKS TRS LLC HIT PORTFOLIO I 8PK MBGL 1000 TRS, LLC HIT PORTFOLIO I 8PK ATLANTA TRS, LLC HIT TRS PROVIDENCE, LLC HIT TRS BALTIMORE, LLC Each a Delaware limited liability company By: /s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Treasurer REITChief Executive Officer HIT PORTFOLIO I NTC HIL TRS, LP, a Delaware limited partnership By: XXXXXXXX CAPITALHIT Portfolio I NTC TRS GP, LLC Its general partner By: /s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer Forbearance Agreement HIT PORTFOLIO I NTC TRS, LP, a Delaware limited partnership By: HIT Portfolio I NTC TRS GP, LLC, its general partner By: /s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer HIT PORTFOLIO I 8PK SAGL TRS, LP, a Delaware limited partnership By: HIT Portfolio I 8PK NTC TRS GP, LLC, its general partner By: /s/ Jxxxxxxx X. Xxxxxxx Name: Jxxxxxxx X. Xxxxxxx Title: President and Chief Executive Officer Forbearance Agreement GUARANTOR: HOSPITALITY INVESTORS TRUST, INC., a Maryland corporation By: /s/ Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Name: Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Title: Senior Vice PresidentPresident and Chief Executive Officer HOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLCL.P., a Delaware limited liability company, their sole member partnership By: Xxxxxxxx CapitalHOSPITALITY INVESTORS TRUST, Inc.INC., a Maryland corporation, its managing member general partner By: /s/ Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Name: Xxxxx Jxxxxxxx X. Xxxxxxxx Xxxxxxx Title: Senior Vice President, President and Chief Financial Executive Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentForbearance Agreement

Appears in 1 contract

Samples: Forbearance Agreement (Hospitality Investors Trust, Inc.)

Borrower. EXCO PARTNERS OPERATING PARTNERSHIP, LP By: EXCO Partners OLP GP, LLC its sole general partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer GUARANTORS: TXOK ENERGY RESOURCES HOLDINGS, L.L.C. TXOK TEXAS ENERGY HOLDINGS, LLC XXXXXXXX CAPITAL OPERATING GATHERING, LLC XXXXXXX DE, LLC XXXXXXX HOLDING COMPANY, LLC XXXXXX GATHERING, LLC By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer for each of the Credit Parties listed above WINCHESTER ENERGY COMPANY , LP (as successor to Winchester Acquisition, LLC) By: TXOK Texas Energy Holdings, LLC, as general partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer EPOP Amended and Restated Credit Agreement – Signature Page TXOK TEXAS ENERGY RESOURCES, L.P. By: TXOK Texas Energy Holdings, LLC, as general partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer ROJO PIPELINE, LP By: TXOK Texas Energy Holdings, LLC, its sole general partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer TALCO MIDSTREAM ASSETS, LTD. By: XXXXXXX HOLDING COMPANY, LLC. its General Partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer TGG PIPELINE, LTD. By: XXXXXXX HOLDING COMPANY, LLC, a Delaware limited liability company its General Partner By: Xxxxxxxx Capital/s/ J. Xxxxxxx Xxxxxx, Inc.Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer EPOP Amended and Restated Credit Agreement – Signature Page WINCHESTER PRODUCTION COMPANY, LTD., a Maryland Texas limited liability companypartnership By: XXXXXXX HOLDING COMPANY, its managing member LLC, Its General Partner By: /s/ J. Xxxxxxx Xxxxxx, Ph.D. Name: J. Xxxxxxx Xxxxxx, Ph.D. Title: Vice President and Chief Financial Officer EPOP Amended and Restated Credit Agreement – Signature Page JPMORGAN CHASE BANK, N.A., as a Lender and as Administrative Agent, By: /s/ Wm. Xxxx Xxxxxxx Name: Wm. Xxxx Xxxxxxx Title: Senior Vice President EPOP Amended and Restated Credit Agreement – Signature Page WACHOVIA BANK, NATIONAL ASSOCIATION as a Lender By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President EPOP Amended and Restated Credit Agreement – Signature Page XXXXX FARGO BANK, N.A. as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Portfolio Manager EPOP Amended and Restated Credit Agreement – Signature Page WESTLB AG, NEW YORK BRANCH as a Lender By: /s/ Xxxxxx Xxxxxxxxx Name: Xxxxxx Xxxxxxxxx Title: Executive Director By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Managing Director EPOP Amended and Restated Credit Agreement – Signature Page BMO CAPITAL MARKETS FINANCING, INC. as a Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer Director EPOP Amended and Treasurer REIT: XXXXXXXX CAPITAL, INC., Restated Credit Agreement – Signature Page BANK OF SCOTLAND as a Maryland corporation Lender By: /s/ Xxxxx X. Xxxxxxxx Xxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANKEPOP Amended and Restated Credit Agreement – Signature Page CITIBANK, N.A. as a Lender By: /s/ Xxxx Xxxxx Xxxxxx XxXxxxxxx Name: Xxxx Xxxxx Xxxxxx XxXxxxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. EPOP Amended and Restated Credit Agreement – Signature Page ALLIED IRISH BANKS, P.L.C. as a Lender By: /s/ Xxxxx X'Xxxxxxxx Name: Xxxxx X'Xxxxxxxx Title: Assistant Vice President By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Vice President EPOP Amended and Restated Credit Agreement – Signature Page DE BANK AG DEUTSCHE CENTRAL GENOSSENSCHAFTS BANK FRANKFURT AN MAIN, NEW YORK BRANCH as a Lender By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Assistant Treasures EPOP Amended and Restated Credit Agreement – Signature Page DEUTSCHE BANK TRUST COMPANY AMERICAS as a Lender By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK Director EPOP Amended and Restated Credit Agreement – Signature Page CALYON NEW YORK BRANCH as a Lender By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK Director By: /s/ Xxxxxxx Xxxx Xxx Xxxxxxxx Name: Xxxxxxx Xxxx Xxx Xxxxxxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentManaging Director EPOP Amended and Restated Credit Agreement – Signature Page

Appears in 1 contract

Samples: Assignment and Assumption (Exco Resources Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITALUNITED DOMINION REALTY TRUST, INC., a Maryland corporation By: /s/ Xxxxx Sxxxx X. Xxxxxxxx Xxxxxxxxxxx Name: Xxxxx Sxxxx X. Xxxxxxxx Xxxxxxxxxxx Title: Senior Vice PresidentPresident and Chief Accounting Officer WOODLAKE VILLAGE, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVEL.P., LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida California limited liability company partnership By: Xxxxxxxx Capital Operating CompanyUNITED DOMINION REALTY, LLCL.P., a Delaware limited liability companypartnership, their sole member its General Partner By: Xxxxxxxx CapitalUNITED DOMINION REALTY TRUST, Inc.INC., a Maryland corporation, its managing member General Partner By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx /s/ Sxxxx X. Xxxxxxxx Xxxxxxxxxxx Sxxxx X. Xxxxxxxxxxx Title: Senior Vice President, President and Chief Financial Accounting Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGEAAC/FSC CROWN POINTE INVESTORS, LLC, a Florida Washington limited liability company By: Bakery Square Self Storage ParentAAC SEATTLE I, INC., a Delaware corporation, its Administrative Member By: /s/ Sxxxx X. Xxxxxxxxxxx Name: Sxxxx X. Xxxxxxxxxxx Title: Senior Vice President and Chief Accounting Officer AAC/FSC HILLTOP INVESTORS, LLC, a Florida Washington limited liability companycompany By: AAC SEATTLE I, INC., a Delaware corporation, its manager Administrative Member By: Xxxxxxxx Capital Operating Company/s/ Sxxxx X. Xxxxxxxxxxx Name: Sxxxx X. Xxxxxxxxxxx Title: Senior Vice President and Chief Accounting Officer UNITED DOMINION REALTY, L.P., a Delaware limited partnership By: UNITED DOMINION REALTY TRUST, INC., a Maryland corporation, its General Partner By: /s/ Sxxxx X. Xxxxxxxxxxx Name: Scott A. Shanaberger Title: Senior Vice President and Chief Accounting Officer UDR OF NC, LIMITED PARTNERSHIP, a North Carolina limited partnership By: UDRT OF DELAWARE 4 LLC, a Delaware limited liability company, its manager General Partner By: Xxxxxxxx CapitalUNITED DOMINION REALTY, Inc.L.P., a Delaware limited partnership, its Sole Member By: UNITED DOMINION REALTY TRUST, INC., a Maryland corporation, its managing member General Partner By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx /s/ Scott A. Shanaberger Scott A. Shanaberger Title: Senior Vice President, President and Chief Financial Accounting Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLCAAC FUNDING PARTNERSHIP II, a Florida limited liability company Delaware general partnership By: Xxxxxxxx Capital Operating CompanyAAC FUNDING II, INC., a Delaware corporation, its Managing Partner By: /s/ Scott A. Shanaberger Name: Scott A. Shanaberger Title: Senior Vice President and Chief Accounting Officer HERITAGE COMMUNITIES L.P., a Delaware limited partnership By: ASR OF DELAWARE LLC, a Delaware limited liability company, its manager General Partner By: Xxxxxxxx Capital, Inc.ASR INVESTMENTS CORPORATION, a Maryland corporation, its managing member Sole Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Scott A. Shanaberger Scott A. Shanaberger Title: Senior Vice President BMO XXXXXX BANK N.A. and Chief Accounting Officer UDR TEXAS PROPERTIES, L.P., a Delaware limited partnership By: UDR WESTERN RESIDENTIAL, INC., a Virginia corporation, its General Partner By: /s/ Xxxxx Xxxxxxxx Scott A. Shanaberger Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Scott A. Shanaberger Title: Senior Vice President FIRSTBANK and Chief Accounting Officer LENDER ARCS COMMERCIAL MORTGAGE CO., L.P., a California limited partnership By: ACMC Realty, Inc., a California Corporation, its General Partner By: /s/ Xxxx Xxxxxx Sharlene G. Bloom Name: Xxxx Xxxxxx Sharlene G. Bloom Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentEXHIBIT A SCHEDULE OF INITIAL MORTGAGED PROPERTIES AND INITIAL VALUATIONS Property Name Property Address Initial Valuation Woodlake Village 200 Bicentennial Circle $44,800,000 Sacramento, CA 95826 Aspen Court 2305 Ashcroft $5,700,000 Arlington, TX 76006 Braesridge 11100 Braesridge $14,650,00 Houston, TX 77071 Crown Pointe 3788 NE 4th Street $11,900,000 Renton, WA 98056 Derby Park 606 W. Safari Parkway $15,900,000 Grand Prairie, TX 75050 Hilltop 500 Monroe Avenue NE $11,000,000 Renton, WA 98056 Riverwood 1045 Holcomb Bridge Road $16,750,000 Roswell, GA 30076 The Summit 1057 Americana Lane $12,250,000 Mesquite, TX 75150 Summit Ridge 1604 Ridge Haven Drive $11,000,000 Arlington, TX 76011 Village at Cliffdale 567 Cutchen Lane $16,500,000 Fayetteville, NC 28314 Beaumont 8504 82nd Street, S.W. $15,200,000 Lakewood, WA 98498 Chelsea Park 11000 Crescent Moon $7,700,000 Houston, TX 77064 Country Club Place 1111 Golfview $7,000,000 Richmond, TX 77469 Dunwoody Pointe 7901 Roswell Road $14,100,000 Atlanta, GA 30350 Trinity Park 5301 Creek Ridge Lane $22,540,000 Raleigh, NC 27607 Arbor Terrace I 1800 Sidney Avenue $7,913,043 Port Orchard, WA 98366 Arbor Terrace II 1790 Sidney Avenue $6,086,957 Port Orchard, WA 98366 Foothills Tennis Village 5 Marcia Way $22,600,000 Roseville, CA 95747 Jamestown of Toledo 3215 Milstead Drive $7,300,000 Toledo, OH 43606 Lancaster Commons 2489 Coral Avenue NE $11,300,000 Salem, OR 97305 Lancaster Lakes 5147 Lancaster Hill Drive $18,500,000 Clarkston, MI 48346 Nemoke Trail 1765 Nemoke Trail $19,000,000 Haslett, MI 48840 Sugar Mill Creek 8500 Belcher Road $10,600,000 Pinellas Park, FL 33781 Property Name Property Address Initial Valuation Tualatin Heights 9301 SW Sagert Road $14,575,000 Tualatin, OR 97062 Alexander Court 135 Reynoldsburg-New Albany Road $18,520,550 Reynoldsburg, OH 43068 Meadows at Kildaire 2600 Harvest Creek Place $20,109,220 Apex, NC 27539 SEVENTH AMENDMENT TO MASTER CREDIT FACILITY AGREEMENT THIS SEVENTH AMENDMENT TO MASTER CREDIT FACILITY AGREEMENT (this “Amendment”) is made as of the 8th day of December, 2004 by and among (i) (a) UNITED DOMINION REALTY TRUST, INC., a Maryland corporation (“UDRT”), (b) WOODLAKE VILLAGE, L.P., a California limited partnership (“Woodlake”) (individually and collectively, UDRT and Woodlake, “Original Borrower”), (c) AAC/FSC CROWN POINTE INVESTORS, LLC, a Washington limited liability company (“Crown Pointe”), (d) AAC/FSC HILLTOP INVESTORS, LLC, a Washington limited liability company (“Hilltop”), (e) UNITED DOMINION REALTY, L.P., a Delaware limited partnership (“UDR”), (f) UDR OF NC, LIMITED PARTNERSHIP, a North Carolina limited partnership (“UDR NC”), (g) AAC FUNDING PARTNERSHIP II, a Delaware general partnership (“AAC”), (h) HERITAGE COMMUNITIES L.P., a Delaware limited partnership (“Heritage Communities”), (i) UDR TEXAS PROPERTIES, L.P., a Delaware limited partnership (“UDR Texas”), and (j) UDR of TENNESSEE, L.P., a Virginia limited partnership (“UDR Tennessee”) (individually and collectively, Original Borrower, Crown Pointe, Hilltop, UDR, UDR NC, AAC, Heritage Communities, UDR Texas and UDR Tennessee, “Borrower”) and (ii) ARCS COMMERCIAL MORTGAGE CO., L.P., a California limited partnership (“Lender”).

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYPETROLEUM HEAT AND POWER CO., LLC, a Delaware limited liability company INC. By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK Chief Financial Officer OTHER LOAN PARTIES: X.X. XXXXXXX COMPANY X. XXXXXXXXXX COMPANY CHAMPION ENERGY CORPORATION COLUMBIA PETROLEUM TRANSPORTATION, LLC XXXXXXXX ENERGY SERVICES, INC. XXXXXXX FUEL COMPANY OF BRIDGEPORT XXXXXXX FUEL COMPANY OF DANBURY XXXXXXX FUEL COMPANY OF STAMFORD X.X. XXXXXXX OIL COMPANY XXXXX OIL COMPANY MAREX CORPORATION XXXXXX HOLDINGS OF NEW YORK, INC. XXXXXX OIL CO., INC. MINNWHALE LLC ORTEP OF PENNSYLVANIA, INC. PETRO HOLDINGS, INC. PETRO PLUMBING CORPORATION PETRO, INC. REGIONOIL PLUMBING, HEATING AND COOLING CO., INC. RICHLAND PARTNERS, LLC RYE FUEL COMPANY STAR ACQUISITIONS, INC. STAR GAS FINANCE COMPANY By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx X. Xxxxxx Title: Senior Vice President PINNACLE BANK Chief Financial Officer [Signature Page to Third Amended and Restated Credit Agreement] STAR GAS PARTNERS, L.P. BY: KESTREL HEAT, LLC, its General Partner By: /s/ Xxxxxx Xxxxx Name: Xxxxxxx X. Xxxxxx Xxxxx Title: Senior Chief Financial Officer XXXXXX OIL CO., L.P. By: XXXXXX OIL CO., INC., its General Partner By: Name: Xxxxxxx X. Xxxxxx Title: Chief Financial Officer CFS LLC By: Richland Partners, LLC, its Sole Member By: Xxxxxxx X. Xxxxxx Chief Financial Officer, Executive Vice President, Treasurer and Secretary NOTICE ADDRESS FOR LOAN PARTIES: 0 Xxxx Xxxxx Xxxxxx Xxxxxxxx, XX 00000 [Signature Page to Third Amended and Restated Credit Agreement]

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYHIT PORTFOLIO II HIL TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH Secretary HIT PORTFOLIO II OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer PLG JACKSONVILLE STORAGESecretary HIT PORTFOLIO II MISC TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: General Counsel and Secretary HIT PORTFOLIO II NTC OWNER, LLCLP, a Delaware limited liability companypartnership By: HIT Portfolio II NTC Owner GP, LLC, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member general partner By: /s/ Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentGeneral Counsel and Secretary HIT PORTFOLIO II NTC HIL TRS, Chief Financial Officer LP, a Delaware limited partnership By: HIT Portfolio II NTC TRS GP, LLC, its general partner By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: General Counsel and Treasurer (SEAL) LR-BAYSHORE 1Secretary HIT PORTFOLIO II NTC TRS, LP, a Delaware limited partnership By: HIT Portfolio II NTC TRS GP, LLC, its general partner By: /s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: General Counsel and Secretary HIT PORTFOLIO II TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Pxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSSecretary HIT STRATFORD, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Pxxx X. Xxxxxx Name: Pxxx X. Xxxxxx Title: General Counsel and Secretary HIT TRS STRATFORD, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member company By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx Pxxx X. Xxxxxx Name: Xxxxxxx Pxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentGeneral Counsel and Secretary

Appears in 1 contract

Samples: Loan Modification Agreement (Hospitality Investors Trust, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYBorrower's Tax ID No.: CAMDEN PROPERTY TRUST, LLC, 00-0000000 a Delaware limited liability company Texas real estate investment trust By: /s/ Xxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxx X. Xxxxxxx Title: Executive Vice President - Finance, Chief Financial Officer and Treasurer SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page ADMINISTRATIVE AGENT AND LENDER: BANK OF AMERICA, N. A. By: /s/ Xxxx Xxxxxxxx CapitalName: Xxxx Xxxxxxxx Title: Senior Vice President SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page SYNDICATION AGENT AND LENDER: JPMORGAN CHASE BANK, Inc., a Maryland limited liability company, its managing member N.A. By: /s/ Xxxxxxxx Xxxxxxxxx Name: Xxxxxxxx Xxxxxxxxx Title: Executive Director SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: DEUTSCHE BANK AG NEW YORK BRANCH By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx Title: Managing Director By: /s/ X.X. Xxxxxxxx Xxx Name: X.X. Xxxxxxxx Xxx Title: Managing Director SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: PNC BANK NATIONAL ASSOCIATION By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REITPresident SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: XXXXXXXX CAPITAL, INC., REGIONS BANK By: /s/ Xxxx X Xxxxx Name: Xxxx X Xxxxx Title: Vice President SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: SUNTRUST BANK,a Maryland Georgia banking corporation By: /s/ Xxxxx X. Xxxxxxxx XxXxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx XxXxxxxxx Title: Senior Vice President BMO XXXXXX SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: THE BANK N.A. OF NOVA SCOTIA By: /s/ Xxxxx Xxxxxxxx Xxxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxx Title: Vice President TRUSTMARK Managing Director SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: U. S. BANK NATIONAL BANK ASSOCIATION By: /s/ Xxxxxxx Xxxxxx X. Xxxxxxxxxx Name: Xxxxxxx Xxxxxx X. Xxxxxxxxxx Title: Senior Vice President FIRSTBANK SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page DOCUMENTATION AGENT AND LENDER: XXXXX FARGO BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Senior Vice President SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page MANAGING AGENT AND LENDER: BRANCH BANKING AND TRUST COMPANY By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page MANAGING AGENT AND LENDER: CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH By: /s/ Xxxxxxx X. Xxxxxx Xxxxxxxxxxx Name: Xxxxxxx X. Xxxxxx Xxxxxxxxxxx Title: Senior Vice President RENASANT Authorized Signatory By: /s/ D. Xxxxxx Xxxxxxx Name: D. Xxxxxx Xxxxxxx Title: Authorized Signatory SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page MANAGING AGENT AND LENDER: THE BANK OF TOKYO-MITSUBISHI UFJ, LTD. By: /s/ Xxxxxxx Xxxx Xxxxxxx Name: Xxxxxxx Xxxx Xxxxxxx Title: Senior Vice President PINNACLE BANK ByDirector SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Signature Page SCHEDULE 2.01 COMMITMENTS AND APPLICABLE PERCENTAGES Lender Commitment Applicable Percentage Bank of America, N.A. $58,000,000 9.666666667% JPMorgan Chase Bank, N.A. $58,000,000 9.666666667% Deutsche Bank AG New York Branch $52,000,000 8.666666667% PNC Bank National Association $52,000,000 8.666666667% Regions Bank $52,000,000 8.666666667% SunTrust Bank $52,000,000 8.000000000% The Bank of Nova Scotia $52,000,000 8.000000000% U.S. Bank National Association $52,000,000 8.666666667% Xxxxx Fargo Bank, National Association $52,000,000 8.666666667% Branch Banking and Trust Company $40,000,000 6.666666667% Credit Suisse AG, Cayman Islands Branch $40,000,000 6.666666667% The Bank of Tokyo-Mitsubishi UFJ, Ltd. $40,000,000 6.666666667% Total $600,000,000.00 100.000000000% SCHEDULE 2.04 EXISTING LETTERS OF CREDIT As of 07/30/2015 INSTITUTION ORIGINATION L.O.C. # BENEFICIARY APPLICANT EXPIRATION AMOUNT DATE DATE Bank of America 08/29/04 3058548 St. Xxxx Fire and Marine Insurance CBI - Collateral Umbrella 08/29/15 5,000,000.00 Bank of America 05/25/05 3075237 Hartford Fire Insurance CDI-Worker's Compensation 04/15/16 2,125,000.00 Bank of America (S) 01/19/06 3079686 Fairfax County Dept. of Public Works Dulles Station 07/07/16 130,800.00 Bank of America 09/12/12 3125909 The City & County of Broomfield Camden USA - Flat Irons 09/11/15 722,072.00 Bank of America 11/27/13 3129649 District of Columbia Noma Development, LLC (CDI) 10/31/15 293,160.00 Bank of America 10/27/14 3131433 The Board of County Camden USA - Lincoln Station 10/27/15 19,295.00 Bank of America 04/15/15 68111376 Xxxxxxxxxx County Maryland Camden USA - Shady Grove 04/15/16 422,780.00 Bank of America 04/29/15 68111684 The Travelers Indemnity Co CDI - Worker's Compensation 05/01/16 575,000.00 Bank of America 05/27/15 68112131 Washington Suburban Sanitary Camden USA, Inc - Shady Grove 05/15/16 87,050.00 Bank of America 05/27/15 68112132 Washington Suburban Sanitary Camden USA, Inc - Shady Grove 05/15/16 87,050.00 $ 9,462,207.00 US Bank 05/06/13 SLCMMSPO6890 Xxxxxx Mae Multifamily Operation Asset Mgmt. CPT-Oasis Martinique 06/10/16 598,265.40 $ 10,060,472.40 SCHEDULE 5.06 LITIGATION None. Schedule 5.06 - SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Page 1 SCHEDULE 5.09 ENVIRONMENTAL MATTERS None. SCHEDULE 5.13 CONSOLIDATED SUBSIDIARIES, AND OTHER EQUITY INVESTMENTS Part (a). Consolidated Subsidiaries. Consolidated Subsidiariesowning unencumbered property: /s/ Percentage ofOwnership 2800 Main, LLC 100% Belmont Xxxxxxx Avenue, LLC 95%* Camden Creekstone, LLC 100% Camden Fourth Xxxx, LLC 100% Camden Landmark, LLC 100% Xxxxxx XxXxxx, LLC 100% Camden Montierra, LLC 100% Camden Post Oak, LLC 100% Camden San Marcos, LLC 100% Camden Xxxxxx, LLC 100% Camden Vantage, LLC 100% Camden World Gateway, LLC 100% Camden Fallsgrove, LLC 95%* Camden Celebration, LLC 100% Camden Westchase, LLC 100% Camden Royal Palms, LLC 100% CPT Addison, LP 100% CPT Xxxxx NameSprings, LP 100% CPT Park, LP 100% CPT Parkside LP 100% CPT Pecos Ranch LP 100% CPT Pines LP 100% CPT Sugar Grove LP 100% CPT Summit LP 100% CPT Tiara LP 100% Denver West Apartments, LLC 100% Foxcroft East Associates 95%* Xxx Vista Apartments, LLC 100% NoMa Development, LLC 95%* NSHE College Park, LP 100% NSHE Lansdowne, LLC 95%* Oasis-California, Inc. 100% Orange Court, LLC 100% Papec Silo Creek, LLC 95%* Portofino Place, Ltd. 100% Schedule 5.13 - SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Page 1 Selma & Vine Hollywood, LLC 100% ORI-Colorado, Inc. 100% Summit Clearbrook, LLC 95%* Summit Grand Parc, LLC 100% Summit Grandview, LLC 95%* Summit Roosevelt, LLC 100% Camden Operating, L.P. 89% Camden USA, Inc. 100% Camden Summit Partnership, L.P. 95% * This entity is wholly owned by Camden Summit Partnership, L.P. Consolidated Subsidiariesnot owning unencumbered property: Xxxxxx 123 FMT Unit, LLC Camden Technology, Inc. 135 FMT Unit, LLC CMJGP Member, LLC 137 FMT Unit, LLC CPT Addison GP, LLC 139 FMT Unit, LLC CPT Community Owner, LLC 141 FMT Unit, LLC CPT Community Owner Member, LLC 2009 COLP Community Owner, LLC CPT Development (Xxxxxx) Investor GP, LLC 2009 COLP Community Owner Member, LLC CPT Development (Xxxxxx) Investor, LP 2009 CPT Community Owner, LLC CPT Development (Xxxxxx) GP, LLC 2009 CPT Community Owner Member, LLC CPT Development (Xxxxxx), LP 2009 CSP Community Owner, LLC CPT Fountain Palms, LP 2009 CSP Community Owner Member, LLC CPT Fountain Palms GP, LLC 2009 CUSA Community Owner LLC CPT-GP, Inc. 2009 CUSA Community Owner Member, LLC CPT Xxxxx Title: Senior Vice PresidentSprings GP, LLC Camden Builders, Inc. CPT-LP, Inc. Camden College Park Borrower GP, LLC CPT Park GP, LLC Camden College Park Borrower, LP CPT Parkside GP, LLC Camden College Park GP, LLC CPT Pecos Ranch GP, LLC Camden College Park, LP CPT Pines GP, LLC Camden Development, Inc. CPT Sierra, LP Camden East Riverside TRS, Inc. CPT Sierra GP, LLC Camden GDP GenPar, Inc. CPT Sugar Grove GP, LLC Camden GDP, L.P. CPT Summit GP, LLC Camden Jamboree Development GP, LLC CPT Tiara GP, LLC Camden Jamboree Development, LP CPT Towne Center, LP Camden Jamboree GP, LLC CPT Towne Center GP, LLC Camden Jamboree, LP CSP Community Owner, LLC Camden Mezz Lender GP, LLC CSP Community Owner Member, LLC Camden Mezz Lender, LP EDWOM Springing Member, Inc. Camden Multifamily Value Add Fund Advisor, LLC NSHE College Park GP, LLC Camden Multifamily Value Add Fund GP, LLC Oasis Martinique, LLC Camden MW, LLC ORI, Inc. Camden Norfolk Plaza GP, LLC ORI Park, Inc. Camden Norfolk Plaza, LP Primary Capital Investments, LLC Camden Plaza Development GP, LLC South Capitol Acquisition, LLC Camden Plaza Development, LP St. Clair Cemetery, Inc. Camden Properties, Inc. Summit Xxxxxxx, LLC Camden Realty, Inc. Summit Valleybrook, LLC Schedule 5.13 - SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Camden Property Trust) Page 3 Part (b). Other Equity Investments.

Appears in 1 contract

Samples: Credit Agreement (Camden Property Trust)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYEMERIHRT XXXXXXXXX XX, a Delaware limited partnership By: ESC X.X. XX, Inc., a Washington corporation its General Partner By: /s/Xxxx Xxxxxxxxxx _____ Xxxx Xxxxxxxxxx, Authorized Signatory BORROWER: EMERIHRT MEDICAL CENTER LP, a Delaware limited partnership By: ESC X.X. XX, Inc., a Washington corporation its General Partner By: _/s/Xxxx Xxxxxxxxxx ___ Xxxx Xxxxxxxxxx, Authorized Signatory BORROWER: EMERIHRT OAKWELL FARMS LP, a Delaware limited partnership By: ESC X.X. XX, Inc., a Washington corporation its General Partner By: /s/Xxxx Xxxxxxxxxx __ Xxxx Xxxxxxxxxx, Authorized Signatory BORROWER: EMERIHRT STONEBRIDGE RANCH LP, a Delaware limited partnership By: ESC X.X. XX, Inc., a Washington corporation its General Partner By: /s/Xxxx Xxxxxxxxxx ___ Xxxx Xxxxxxxxxx, Authorized Signatory BORROWER: EMERIHRT BLOOMSBURG LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc.Emeritus Corporation, a Maryland limited liability company, Washington corporation its managing member Sole Member By: /s/ Xxxxx X. Xxxxxxxx Name/s/Xxxx Xxxxxxxxxx Xxxx Xxxxxxxxxx, Director of Real Estate and Legal Affairs BORROWER: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, EMERIHRT CREEKVIEW LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLCEmeritus Corporation, a Delaware limited liability company, Washington corporation its sole member Sole Member By: Xxxxxxxx Capital/s/Xxxx Xxxxxxxxxx Xxxx Xxxxxxxxxx, Inc., a Maryland corporation, its managing member ByDirector of Real Estate and Legal Affairs BORROWER: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, EMERIHRT DANVILLE LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLCEmeritus Corporation, a Delaware limited liability company, Washington corporation its sole member Sole Member By: Xxxxxxxx Capital/s/Xxxx Xxxxxxxxxx ___ Xxxx Xxxxxxxxxx, Inc., a Maryland corporation, its managing member ByDirector of Real Estate and Legal Affairs BORROWER: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, EMERIHRT GREENSBORO LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLCEmeritus Corporation, a Delaware limited liability company, Washington corporation its managing member Sole Member By: Xxxxxxxx Capital/s/Xxxx Xxxxxxxxxx __ Xxxx Xxxxxxxxxx, Inc., a Maryland corporation, its managing member ByDirector of Real Estate and Legal Affairs BORROWER: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, EMERIHRT HARRISBURG LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating CompanyEmeritus Corporation, a Washington corporation its Sole Member By: /s/Xxxx Xxxxxxxxxx ____ Xxxx Xxxxxxxxxx, Director of Real Estate and Legal Affairs BORROWER: EMERIHRT HARRISONBURG LLC, a Delaware limited liability company, its sole member company By: Xxxxxxxx Capital, Inc.Emeritus Corporation, a Maryland corporation, Washington corporation its managing member Sole Member By: /s/ Xxxxx X. Xxxxxxxx Name/s/Xxxx Xxxxxxxxxx ____ Xxxx Xxxxxxxxxx, Director of Real Estate and Legal Affairs BORROWER: Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentEMERIHRT RAVENNA LLC, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent a Delaware limited liability company By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANKEmeritus Corporation, N.A. a Washington corporation its Sole Member By: /s/ /s/Xxxx Xxxxx NameXxxxxxxxxx ___ Xxxx Xxxxxxxxxx, Director of Real Estate and Legal Affairs BORROWER: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. EMERIHRT ROANOKE LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK Emeritus Corporation, a Washington corporation its Sole Member By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ /s/Xxxx Xxxxxx Name: Xxxxxxxxxx ____ Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentXxxxxxxxxx, Director of Real Estate and Legal Affairs

Appears in 1 contract

Samples: Emeritus Corp\wa\

Borrower. XXXXXXXX CAPITAL OPERATING ZOE’S KITCHEN USA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO CREDIT PARTIES: ZOE’S KITCHEN, INC., a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO SOHO FRANCHISING, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO ZOE’S ARIZONA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO ZOE’S COLORADO, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO ZOE’S FLORIDA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO ZOE’S KITCHEN HOLDING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSCFO ZOE’S LOUISIANA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGECFO ZOE’S MARYLAND, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1CFO ZOE’S RESTAURANTS NASHVILLE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSCFO ZOE’S NORTH CAROLINA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: CFO ZOE’S OKLAHOMA, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member company By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentCFO ZOE’S RESTAURANTS, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATIONL.L.C, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. an Alabama limited liability company By: /s/ Xxxxx Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxx Title: Vice President TRUSTMARK NATIONAL BANK CFO ZOE’S SOUTH CAROLINA, LLC, a Delaware limited liability company By: /s/ Xxxxxxx Xxxxx Xxxxxx Name: Xxxxxxx Xxxxx Xxxxxx Title: Senior Vice President FIRSTBANK CFO ZOE’S TEXAS, LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxx Xxxxxx Name: Xxxx Xxxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK CFO ZK TEXAS BEVERAGES, LLC, a Texas limited liability company By: /s/ Xxxxxxx X. Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO ZK TEXAS HOLDINGS, LLC, a Texas limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO ZK TEXAS MANAGEMENT, LLC, a Texas limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: CEO ZOE’S VIRGINIA, LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxxx Name: Xxxxxxx X. Xxxxx Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentCFO First Amendment to Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING METROPOLITAN LIFE INSURANCE ALICO, INC., COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., New York corporation a Maryland limited liability company, its managing member Florida corporation By: /s/ Xxxxx Xxxx X. Xxxxxxxx By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxx X. Xxxxxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REITDirector Title: XXXXXXXX CAPITALCEO CO-LENDER: ALICO LAND DEVELOPMENT, INC., a Maryland Florida corporation NEW ENGLAND LIFE INSURANCE COMPANY, a Massachusetts corporation By: /s/ Xxxxx Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx By: Metropolitan Life Insurance Company, Title: CEO a New York corporation, its Investment manager ALICO-AGRI, LTD., a Florida limited partnership By: /s/ Xxxx X. Xxxxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx CapitalAlico, Inc., a Maryland Florida corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK Director General Partner By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK CEO ALICO PLANT WORLD, L.L.C., a Florida limited liability company By: Alico-Agri, Ltd., a Florida limited partnership, its Sole Member By: Alico, Inc., a Florida corporation, its General Partner By: /s/ Xxxxxxx Xxxx X. Xxxxxx Name: Xxxxxxx Xxxx X. Xxxxxx Title: Senior Vice President PINNACLE BANK CEO ALICO FRUIT COMPANY, LLC By: Alico, Inc., a Florida corporation, its Managing Member By: /s/ Xxxxxxx X. Xxxxxx Xxxxx Name: Xxxxxxx X. Xxxxxx Xxxxx Title: Senior Vice PresidentCEO The undersigned Guarantor hereby executes and joins in this Agreement for purposes of confirming its obligations hereunder. ALICO CITRUS NURSERY, LLC By: Alico, Inc., a Florida corporation, its Managing Member By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: CEO EXHIBIT A METLIFE FIXED RATE TERM NOTE AMENDED AND RESTATED TERM LOAN NOTE (Fixed Rate Term Loan) (Loan No. 197235) ALICO, INC. AND AFFILIATES $109,149,250.00 December , 2014 For value received, ALICO, INC., a Florida corporation (“Alico”), ALICO LAND DEVELOPMENT, INC., a Florida corporation, ALICO-AGRI, LTD., a Florida limited partnership, ALICO PLANT WORLD, L.L.C., a Florida limited liability company, and ALICO FRUIT COMPANY, LLC, a Florida limited liability company (hereinafter collectively referred to as the “Borrowers”), hereby jointly and severally promise to pay to METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (“MetLife”), or assigns (“Lender”), on November 1, 2029 (the “Maturity Date”), the principal amount of One Hundred Nine Million One Hundred Forty-Nine Thousand Two Hundred Fifty and No/100 Dollars ($109,149,250.00) (or such lesser aggregate unpaid amount as was actually disbursed and so much thereof as shall not have been theretofore paid by mandatory principal payments required and optional prepayments permitted in the Loan Agreement (as defined below)) in such coin or currency of the United States of America as at the time of payment shall be legal tender for public and private debts, at the address provided in Section 11.5 of the Loan Agreement, and to pay interest quarterly (computed on the basis of a 90/360 day year) at said address, in like coin or currency, on the unpaid portion of said principal amount from the date hereof, on the first (1st) day of each February, May, August, and November, commencing on February 1, 2015, through and including the Maturity Date, at the rate of Four and 15/100 Percent (4.15%) per annum (the “Interest Rate”). To the extent permitted by law, upon the occurrence and during the continuance of a Monetary Default or a Non-Monetary Default (both terms as defined in the Loan Agreement), the Applicable Default Rate (defined in the Loan Agreement) shall apply to this Note in the manner set forth in the Loan Agreement. After the Maturity Date, the entire outstanding balance of the Note shall bear interest at the Monetary Default Rate (as defined in the Loan Agreement). This Amended and Restated Term Loan Note (the “Note”) is issued pursuant to and entitled to the benefits of the First Amended and Restated Credit Agreement, dated of even date herewith (the “Loan Agreement”), by and among the Borrowers and Metropolitan Life Insurance This Note is a renewal note on which Florida documentary stamps and non-recurring intangible taxes were previously paid on the Outstanding Balance (defined herein) in connection with the recording of that certain Florida Mortgage, Security Agreement and Financing Statement dated September 8, 2010, in Official Records Book 823, Page 1079, Public Records of Xxxxxx County, Florida, which mortgage secured the Prior Note. Florida Documentary stamps in the amount of $264,772.38 and non-recurring intangible taxes in the amount of $151,298.50 are being paid on the amount of the Future Advance (defined herein) in connection with the recording of the mortgages described herein in Polk County, Florida. Company, a New York corporation (“MetLife”) and New England Life Insurance Company, a Massachusetts corporation (“NEL”) (collectively, the “Co-Lenders”). The terms and provisions of the Loan Agreement are hereby incorporated by reference and made a part of the terms of this Note. The Note is secured by and entitled to the benefits of: (i) a first priority Amended and Restated Real Estate Mortgage, Assignment of Leases and Rents, Security Agreement, Spreader Agreement, and Fixture Filing, dated of even date herewith, made by Alico, as Mortgagor, and MetLife, acting for itself as a Co-Lender and as Collateral Agent for NEL, as Mortgagee, recorded among the Public Records of Polk County, Xxxxxxx County, DeSoto County, and Xxxxxx County, Florida; (ii) a first priority Real Estate Mortgage Assignment of Leases and Rents, Security Agreement, and Fixture Filing, dated of even date herewith, made by Alico, as Mortgagor, and MetLife, acting for itself as Co-Lender and as Collateral Agent for NEL, as Mortgagee, recorded among the Public Records of Charlotte County and Desoto County, Florida; (iii) a UCC Financing Statement authorized by Borrowers and filed in the Florida Secured Transaction Registry; and (iv) a Loan Guaranty Agreement dated of even date herewith given by Alico Citrus Nursery, LLC, a Florida limited liability company, for the benefit of Co-Lenders. This Note may be subject to mandatory principal payments and optional prepayments, in whole or in part, in certain cases with a premium and in other cases without premium, as provided in the Loan Agreement. The unpaid principal balance and all other amounts owing under this Note may be declared to be due and payable upon the happening of an Event of Default as defined in the Loan Agreement. This Note amends and restates in its entirety that certain Term Loan Note (the “Prior Note”) dated September 8, 2010, in the original principal amount of $40,000,000.00 given by Borrowers for the benefit of Rabo AgriFinance, Inc., a Delaware corporation (“RAF”), and assigned by RAF to Lender pursuant to an Assignment of Loan Documents of even date herewith. As of the date of this Note, the outstanding principal balance of the Prior Note is $33,500,000.00 (the “Outstanding Balance”). The indebtedness evidenced by the Prior Note is not discharged or canceled by the execution of this Note, and this Note shall not constitute a novation of such indebtedness. This Note also evidences a future advance (the “Future Advance”) to Borrowers by Lender in the principal amount of $75,649,250.00, pursuant to Section 697.04, Florida Statutes. At no time shall Borrower be required to pay interest on the principal balance of the Note at a rate which could subject Lender to either civil or criminal liability as a result of being in excess of the Maximum Lawful Rate (as defined in the Loan Agreement). If by the terms of this Agreement or the other Loan Documents, Borrower is at any time required or obligated to pay interest on the principal balance due hereunder at a rate in excess of the Maximum Lawful Rate, the Interest Rate or the Default Rate, as the case may be, shall be deemed to be immediately reduced to the Maximum Lawful Rate, and all previous payments in excess of the Maximum Lawful Rate shall be deemed to have been payments in reduction of principal (without any Prepayment Price) and not on account of the interest due hereunder. All sums paid or agreed to be paid to Lender for the use or forbearance of the sums due under the Loan, shall, to the extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full stated term of the Loan until payment in full so that the rate or amount of interest on account of the Loan does not exceed the Maximum Lawful Rate from time to time in effect and applicable to the Loan for so long as the Loan is outstanding. If this Note or any of the instruments referred to herein are placed in the hands of an attorney or attorneys for collection or enforcement or if the holder of the Note is required to obtain attorneys and incur expenses and attorney fees by reason of litigation or participation in bankruptcy proceedings for the protection or enforcement of its collateral and claim against the Borrowers or any guarantors of this Note, then, in all such cases, the holder of the Note shall be entitled to reasonable attorney fees and expenses from the Borrowers. The Borrowers waive diligence, demand, presentment, notice of nonpayment and protest, and consent to extensions of the time of payment, surrender or substitution of security, or forbearance, or other indulgence, without notice. All obligations and liabilities of each of the Borrowers hereunder shall be joint and several. This Note shall be construed in accordance with and governed by the laws of the State of Florida.

Appears in 1 contract

Samples: Credit Agreement (Alico Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, LLCMONOGRAM RESIDENTIAL OP LP, a Delaware limited liability company partnership By: Xxxxxxxx CapitalMonogram Residential, Inc., a Maryland limited liability companyDelaware corporation, its managing member general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Chief Financial Officer Officer, Chief Accounting Officer, Treasurer and Treasurer REITAssistant Secretary (SEAL) GUARANTORS: XXXXXXXX CAPITALMONOGRAM RESIDENTIAL, INC., a Maryland Delaware corporation By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Chief Financial Officer Officer, Chief Accounting Officer, Treasurer and Treasurer Assistant Secretary (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVEMR BUSINESS TRUST, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company Maryland business trust By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx CapitalMonogram Residential Trust, Inc., a Maryland corporation, its managing member trustee By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Chief Financial Officer Officer, Chief Accounting Officer, Treasurer and Treasurer Assistant Secretary (SEAL) BAKERY SQUARE SELF STORAGE[SIGNATURES CONTINUED ON NEXT PAGE] MONOGRAM RESIDENTIAL APARTMENT COLLECTION, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLCINC., a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member corporation By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Chief Financial Officer Officer, Chief Accounting Officer, Treasurer and Treasurer Assistant Secretary (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT[SIGNATURES CONTINUED ON NEXT PAGE] MONOGRAM RESIDENTIAL ACAPPELLA GP, LLC; MONOGRAM RESIDENTIAL ADDISON CIRCLE FINANCE, LLC; MONOGRAM RESIDENTIAL ADDISON CIRCLE, LLC; MONOGRAM RESIDENTIAL SCOTTSDALE, LLC; MONOGRAM RESIDENTIAL XXXXXXXXXX, LLC; MONOGRAM RESIDENTIAL XXXXXXX COMMONS, LLC; MONOGRAM RESIDENTIAL PEMBROKE, LLC; MONOGRAM RESIDENTIAL CYAN, LLC; BHC II, LLC; BHC III, LLC; MONOGRAM RESIDENTIAL REIT TRS HOLDING, LLC; MONOGRAM RESIDENTIAL PACIFICA, LLC; MONOGRAM RESIDENTIAL PACIFICA GP, LLC; MONOGRAM RESIDENTIAL SHADY GROVE, LLC; MONOGRAM RESIDENTIAL SHADY GROVE GP, LLC; MONOGRAM RESIDENTIAL 1401 MISSION, LLC; MONOGRAM RESIDENTIAL FAIRMOUNT, LLC; MONOGRAM RESIDENTIAL COLUMBIA, LLC; MONOGRAM RESIDENTIAL SKYLINE, LLC; MONOGRAM RESIDENTIAL WEST UNIVERSITY, LLC; MONOGRAM RESIDENTIAL ARPEGGIO, LLC; MONOGRAM RESIDENTIAL AUDUBON, LLC; MONOGRAM RESIDENTIAL BAILEYS, LLC; MONOGRAM RESIDENTIAL BRICKELL, LLC; MONOGRAM RESIDENTIAL CAMERON HOUSE, LLC; MONOGRAM RESIDENTIAL DISTRICT, LLC; MONOGRAM RESIDENTIAL DELRAY FINANCE, LLC; MONOGRAM RESIDENTIAL DELRAY MANAGER, LLC; MONOGRAM RESIDENTIAL LOVERS LANE I, LLC; MONOGRAM RESIDENTIAL HUNTINGTON BEACH, LLC; MONOGRAM RESIDENTIAL XXXXXX, LLC; MONOGRAM RESIDENTIAL MISSION GORGE, LLC; MONOGRAM RESIDENTIAL MUSEUM DISTRICT, LLC; MONOGRAM RESIDENTIAL PEACHTREE, LLC; MONOGRAM RESIDENTIAL 21 XXXXXXXX, LLC; MONOGRAM RESIDENTIAL RENAISSANCE, LLC; MONOGRAM RESIDENTIAL SAN SEBASTIAN, LLC; and MONOGRAM RESIDENTIAL SATORI, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, each a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Chief Financial Officer Officer, Chief Accounting Officer, Treasurer and Treasurer PLG JACKSONVILLE STORAGEAssistant Secretary MONOGRAM RESIDENTIAL RIO, LLC; MONOGRAM RESIDENTIAL PROSPECT, LLC; MONOGRAM RESIDENTIAL TYSON'S CORNER, LLC; MONOGRAM RESIDENTIAL DELRAY II, LLC; MONOGRAM RESIDENTIAL ST. ROSE, LLC; MONOGRAM RESIDENTIAL 00 XXXXX XXXXXX, XXX; MONOGRAM RESIDENTIAL WATERFORD PLACE, LLC; MONOGRAM RESIDENTIAL SANTA XXXX, LLC; MONOGRAM RESIDENTIAL BELMAR, LLC; MONOGRAM RESIDENTIAL BRIAR FOREST, LLC; MONOGRAM RESIDENTIAL XXXXXXXXX MILL, LLC; MONOGRAM RESIDENTIAL CALYPSO LLC; MONOGRAM RESIDENTIAL CHERRY CREEK, LLC; MONOGRAM RESIDENTIAL XXXXXXXX, LLC; MONOGRAM RESIDENTIAL XXXXXXXX, LLC; MONOGRAM RESIDENTIAL REDWOOD, LLC; MONOGRAM RESIDENTIAL NOHO HOLDING, LLC; MONOGRAM RESIDENTIAL PARK CREST HOLDING, LLC; MONOGRAM RESIDENTIAL XXXXXXX, LLC; MONOGRAM RESIDENTIAL DEVELOPMENT SERVICES, LLC; MONOGRAM RESIDENTIAL ASSET MANAGEMENT SERVICES, LLC; MONOGRAM RESIDENTIAL DISPOSITION SERVICES, LLC; and MONOGRAM RESIDENTIAL APARTMENT COLLECTION, LLC, each a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentXxxxxxxx

Appears in 1 contract

Samples: Contribution Agreement (Monogram Residential Trust, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, Address for notices: FPI ILLINOIS I LLC, a Delaware limited liability company 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 By: Xxxxxxxx CapitalFARMLAND PARTNERS OPERATING PARTNERSHIP, Inc.LP, a Maryland Delaware limited liability companypartnership, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating CompanyFARMLAND PARTNERS OP GP, LLC, a Delaware limited liability company, their sole member as General Partner By: Xxxxxxxx Capital, Inc.FARMLAND PARTNERS INC., a Maryland corporation, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, XXXX XXXXXX XXXX XXXXXX Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, Address for notices: FPI ILLINOIS II LLC, a Florida Delaware limited liability company 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 By: Bakery Square Self Storage ParentFARMLAND PARTNERS OPERATING PARTNERSHIP, LLCLP, a Florida Delaware limited liability companypartnership, its manager as Member By: Xxxxxxxx Capital Operating CompanyFARMLAND PARTNERS OP GP, LLC, a Delaware limited liability company, its manager as General Partner By: Xxxxxxxx Capital, Inc.FARMLAND PARTNERS INC., a Maryland corporation, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, XXXX XXXXXX XXXX XXXXXX Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, COTTONWOOD VALLEY LAND LLC, a Florida Nebraska limited Address for notices: liability company 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 By: Xxxxxxxx Capital Operating CompanyFARMLAND PARTNERS OPERATING PARTNERSHIP, LP, a Delaware limited partnership, as Member By: FARMLAND PARTNERS OP GP, LLC, a Delaware limited liability company, its manager as General Partner By: Xxxxxxxx Capital, Inc.FARMLAND PARTNERS INC., a Maryland corporation, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, XXXX XXXXXX XXXX XXXXXX Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSAddress for notices: PH FARMS LLC, LLCan Illinois limited liability company 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 By: FARMLAND PARTNERS OPERATING PARTNERSHIP, LP, a Delaware limited liability company partnership, as Member By: Xxxxxxxx Capital Operating CompanyFARMLAND PARTNERS OP GP, LLC, a Delaware limited liability company, its sole member as General Partner By: Xxxxxxxx Capital, Inc.FARMLAND PARTNERS INC., a Maryland corporation, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, XXXX XXXXXX XXXX XXXXXX Chief Financial Officer Farmland RE Term Loans 2016 Loan Agreement Loan No. 198280, 198283 and Treasurer PLG JACKSONVILLE STORAGE, 198284 Rev. 4.6.2015 [SIGNATURE PAGE TO LOAN AGREEMENT] FPI PROPERTIES LLC, a Delaware limited liability Address for notices: company 0000 X. Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 By: Xxxxxxxx Capital Operating CompanyFARMLAND PARTNERS OPERATING PARTNERSHIP, LP, a Delaware limited partnership, as Member By: FARMLAND PARTNERS OP GP, LLC, a Delaware limited liability company, its sole member as General Partner By: Xxxxxxxx Capital, Inc.FARMLAND PARTNERS INC., a Maryland corporation, its managing member as Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, XXXX XXXXXX XXXX XXXXXX Chief Financial Officer Farmland RE Term Loans 2016 Loan Agreement Loan No. 198280, 198283 and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President198284 Rev. 4.6.2015 [SIGNATURE PAGE TO LOAN AGREEMENT] APPENDIX A to Loan Agreement DEFINED TERMS AND RULES OF INTERPRETATION

Appears in 1 contract

Samples: Loan Agreement (Farmland Partners Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYU.S. CONCRETE, LLC, a Delaware limited liability company INC. By: Xxxxxxxx Capital/s/ Xxxxxxxxx X. Xxxxxx Name: Xxxxxxxxx X. Xxxxxx Title: Vice President, Inc., a Maryland limited liability company, its managing member General Counsel and Corporate Secretary NOTES REPRESENTATIVE: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxx X. Xxxxxxxx Xxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANKCONVERTIBLE NOTES REPRESENTATIVE: U.S. BANK NATIONAL ASSOCIATION By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Vice President ABL REPRESENTATIVE: BANK OF AMERICA, N.A. By: /s/ Xxxx Xxxxx XxxXxxxx Name: Xxxx Xxxxx XxxXxxxx Title: Senior Sr. Vice President BMO [Signature Page to First Amendment to Intercreditor Agreement] OTHER LOAN PARTIES: ALBERTA INVESTMENTS, INC. ALLIANCE HAULERS, INC. AMERICAN CONCRETE PRODUCTS, INC. ATLAS REDI-MIX, LLC ATLAS-TUCK CONCRETE, INC. XXXXX CONCRETE ENTERPRISES, LLC XXXXX INDUSTRIES, INC. XXXXX INVESTMENT CORPORATION, INC. XXXXX MANAGEMENT, INC. BODE CONCRETE LLC BODE GRAVEL CO. BRECKENRIDGE READY MIX, INC. CENTRAL CONCRETE SUPPLY CO., INC. CENTRAL PRECAST CONCRETE, INC. CONCRETE ACQUISITION IV, LLC CONCRETE ACQUISITION V, LLC CONCRETE ACQUISITION VI, LLC CONCRETE XXXIV ACQUISITION, INC. CONCRETE XXXV ACQUISITION, INC. CONCRETE XXXVI ACQUISITION, INC. EASTERN CONCRETE MATERIALS, INC. HAMBURG QUARRY LIMITED LIABILITY COMPANY XXXXXX BANK N.A. CONCRETE, LLC XXXXX GRAVEL COMPANY LOCAL CONCRETE SUPPLY & EQUIPMENT, LLC MASTER MIX, LLC MASTER MIX CONCRETE, LLC MG, LLC NYC CONCRETE MATERIALS, LLC PEBBLE LANE ASSOCIATES, LLC REDI-MIX CONCRETE, L.P. By: REDI-MIX, LLC, its general partner REDI-MIX GP, LLC REDI-MIX, LLC RIVERSIDE MATERIALS, LLC SAN DIEGO PRECAST CONCRETE, INC. SIERRA PRECAST, INC. XXXXX PRE-CAST, INC. SUPERIOR CONCRETE MATERIALS, INC. TITAN CONCRETE INDUSTRIES, INC. USC ATLANTIC, INC. USC MANAGEMENT CO., LLC USC PAYROLL, INC. USC TECHNOLOGIES, INC. U.S. CONCRETE ON-SITE, INC. U.S. CONCRETE TEXAS HOLDINGS, INC. By: /s/ Xxxxx Xxxxxxxx Xxxxxxxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Xxxxxxxxx X. Xxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice Presidentand Secretary EXHIBIT A

Appears in 1 contract

Samples: Intercreditor Agreement (Us Concrete Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYMAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer GUARANTORS: PRC WILLISTON LLC, a Delaware limited liability company By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: Magnum Hunter Resources Corporation, its sole member By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability companyMagnum Hunter Resources Corporation, its managing sole member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx Xxxxxx X. Xxxxxxxx Title: Senior Xxxxxx Executive Vice President, President and Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSTRIAD HUNTER, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability companyMagnum Hunter Resources Corporation, its sole member By: Xxxxxxxx Capital/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Executive Vice President and Chief Financial Officer XXXXXX XXXXXX RESOURCES, Inc.INC., a Maryland corporation, its managing member Colorado corporation By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx Xxxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGEXxxxxx Secretary EUREKA HUNTER PIPELINE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability companyMagnum Hunter Resources Corporation, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx Xxxxxx X. Xxxxxxxx Title: Senior Xxxxxx Executive Vice President, President and Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1EUREKA HUNTER PIPELINE PARTNERS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating CompanyEureka Hunter Pipeline, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability companyMagnum Hunter Resources Corporation, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx Xxxxxx X. Xxxxxxxx Title: Senior Xxxxxx Executive Vice President, President and Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentOfficer

Appears in 1 contract

Samples: Credit Agreement and Waiver (Magnum Hunter Resources Corp)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYKITE REALTY GROUP, LLCL.P., a Delaware limited liability company partnership By: Xxxxxxxx Capital, Inc., a Maryland limited liability companyKite Realty Group Trust, its managing sole General Partner By: /s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx, Executive Vice President and Chief Financial Officer GUARANTORS: KITE REALTY GROUP TRUST By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KRG MAGELLAN, LLC By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Title: Senior Executive Vice President, President and Chief Financial Officer and Treasurer REIT[Signatures Continued on Next Page] EACH GUARANTOR WHICH IS A SUBSIDIARY AS LISTED ON SCHEDULE 1 By: XXXXXXXX CAPITALKite Realty Group, INC.L.P., a Maryland corporation the sole member of each such Guarantor By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Title: Senior Executive Vice President, President and Chief Financial Officer and Treasurer (SEAL) EACH GUARANTOR WHICH IS A SUBSIDIARY GUARANTORSAS LISTED ON SCHEDULE 2 By: MIAMI CITY SELF STORAGE 3RD AVEKRG Magellan, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNERthe sole member of each such Guarantor By: Kite Realty Group, LLC; MIAMI CITY SELF STORAGE 6TH AVEL.P., LLC; MIAMI CITY SELF STORAGE 28TH LANEits sole member By: Kite Realty Group Trust, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNERits sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KRG FRISCO WESTSIDE, LLC (formerly known as Inland Diversified Frisco Westside, L.L.C.) KRG GOLDSBORO MEMORIAL, LLC (formerly known as Inland Diversified Goldsboro Memorial, L.L.C.) KRG AIKEN XXXXXXXXX, LLC (formerly known as Inland Diversified Aiken Xxxxxxxxx, L.L.C.) By: Bulwark, LLC, the sole member of each a Florida limited liability company such Guarantor By: Xxxxxxxx Capital Operating CompanySplendido Real Estate, LLC, a Delaware limited liability companyits sole member By: KRG Magellan, LLC, its sole member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KRG TEMPLE TERRACE, LLC (formerly known as Inland Diversified/Xxxxx Xxxxxx Terrace JV, L.L.C.) By: KRG Temple Terrace Member, LLC, its manager By: KRG Magellan, LLC, its sole member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer [Signatures Continued on Next Page] XXX XXXXXXXXXX SHADOWS, LLC By: KRG Courthouse Shadows I, LLC, its sole member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer CORNER ASSOCIATES, LP By: KRG Corner Associates, LLC, its sole general partner By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KITE REALTY EDDY STREET LAND, LLC By: Kite Realty Holding, LLC, its sole member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer [Signatures Continued on Next Page] KITE REALTY NEW HILL PLACE, LLC By: Kite Realty Development, LLC, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGEKite Realty Holding, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx CapitalKite Realty Group, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability companyL.P., its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporationKite Realty Group Trust, its managing member sole general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Title: Senior Executive Vice President, President and Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1KRG PIPELINE POINTE, LP KRG SUNLAND II, LP By: KRG Texas, LLC, a Delaware limited liability company their sole general partner By: Xxxxxxxx Capital Operating CompanyKRG Capital, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI HoldingsKite Realty Group, LLC, a Delaware limited liability companyL.P., its sole member By: Xxxxxxxx Capital Operating CompanyKite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer [Signatures Continued on Next Page] XXX XXXXXX XXXXXX XXXXXXX, XX By: KRG Market Street Village I, LLC, a Delaware limited liability companyits sole general partner By: Kite Realty Group, L.P., its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporationKite Realty Group Trust, its managing member sole general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Title: Senior Executive Vice President, President and Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDINGKRG SAN ANTONIO, LP By: Kite San Antonio, LLC, a Florida limited liability company, its sole general partner By: JCAP FI HoldingsKite Realty Group, LLC, a Delaware limited liability companyL.P., its sole member By: Xxxxxxxx Capital Operating CompanyKite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KRG EAGLE CREEK III, LLC KRG PANOLA II, LLC By: KRG Capital, LLC, a Delaware limited liability companytheir sole member By: Kite Realty Group, L.P., its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporationKite Realty Group Trust, its managing sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer [Signatures Continued on Next Page] XXX XXXXX XXXX XXXXX, XX By: KRG CHP Management, LLC, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KRG PLAZA GREEN, LLC By: Kite XxXxxxx State, LLC, its member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentKite Realty Group, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability companyL.P., its sole member By: Xxxxxxxx CapitalKite Realty Group Trust, Inc.its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer By: Preston Commons, a Maryland corporationLLP, its member By: Kite Realty Group, L.P., its managing partner By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer [Signatures Continued on Next Page] XXX XXXXXXXX XXXXXXXXXX, LLC By: Kite XxXxxxx State, LLC, its member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxx Title: Senior Executive Vice President, President and Chief Financial Officer By: Kite Pen, LLC, its member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Treasurer (SEAL) LENDERSChief Financial Officer KRG COOL SPRINGS, LLC By: KRG Pembroke Pines, LLC, its sole member By: Kite Realty Group, L.P., its sole member By: Kite Realty Group Trust, its sole general partner By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: Executive Vice President and Chief Financial Officer KEYBANK NATIONAL ASSOCIATION, individually as Administrative Agent, as a Lender and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. Swingline Lender By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK XXXXX FARGO BANK, NATIONAL ASSOCIATION, As Co-Documentation Agent with respect to the Revolver Loan, Syndication Agent with respect to the Term Loan and as a Lender By: /s/ Xxxxxx Xxx Name: Xxxxxx Xxx Title: Senior Vice President BANK OF AMERICA, N.A., As Syndication Agent with respect to the Revolving Loan, Co-Documentation Agent with respect to the Term Loan, and as a Lender By: /s/ Xxxx Xxxxxxxx Xxxxx Name: Xxxx Xxxxxxxx Xxxxx Title: Senior Vice President JPMORGAN CHASE BANK, N.A., As Co-Documentation Agent with respect to the Term Loan and as a Lender By: /s/ Xxxxxxxxx Xxxx Name: Xxxxxxxxx Xxxx Title: Authorized Officer [Signatures Continued on Next Page] XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Senior Vice President CITIBANK, N.A. By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, As Co-Documentation Agent with respect to the Revolving Loan and Term Loan and as a Lender By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Title: Senior Vice President THE HUNTINGTON NATIONAL BANK By: /s/ Xxxxxxx ‘Sid’ Xxxxx Name: Xxxxxxx ‘Sid’ Xxxxx Title: Assistant V.P. REGIONS BANK By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President [Signatures Continued on Next Page] SUNTRUST BANK By: /s/ Xxxxxxx Xxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Senior Vice President FIRSTBANK FIFTH THIRD BANK, an Ohio banking corporation By: /s/ Xxxx Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: Assistant Vice President BARCLAYS BANK PLC By: /s/ Xxxxxxxxx Xxxxxxxxx Name: Xxxxxxxxx Xxxxxxxxx Title: Vice President CAPITAL ONE, NATIONAL ASSOCIATION By: /s/Xxxxxx Xxxxxx Name: Xxxx Xxxxxx Xxxxxx Title: Vice President PNC BANK, NATIONAL ASSOCIATION By: /s/ Xxxxxx X. Xxxxxx, Xx. Name: Xxxxxx X. Xxxxxx, Xx. Title: Vice President [Signatures Continued on Next Page] ASSOCIATED BANK NATIONAL ASSOCIATION By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentSCHEDULE 1 Name of Subsidiary State of Formation 1. 82 & Otty, LLC Indiana

Appears in 1 contract

Samples: Credit Agreement (Kite Realty Group, L.P.)

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Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITALUNITED DOMINION REALTY TRUST, INC., a Maryland corporation By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVEWOODLAKE VILLAGE, LLCL.P., MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida California limited liability company partnership By: Xxxxxxxx Capital Operating CompanyUNITED DOMINION REALTY, LLCL.P., a Delaware limited liability companypartnership, their sole member its General Partner By: Xxxxxxxx CapitalUNITED DOMINION REALTY TRUST, Inc.INC., a Maryland corporation, its managing member General Partner By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGEAAC/FSC CROWN POINTE INVESTORS, LLC, a Florida Washington limited liability company By: Bakery Square Self Storage ParentAAC SEATTLE I, INC., a Delaware corporation, its Administrative Member By: /s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Executive Vice President, Treasurer & Chief Financial Officer AAC/FSC HILLTOP INVESTORS, LLC, a Florida Washington limited liability companycompany By: AAC SEATTLE I, INC., a Delaware corporation, its manager Administrative Member By: Xxxxxxxx Capital Operating Company/s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Executive Vice President, Treasurer & Chief Financial Officer UNITED DOMINION REALTY, L.P., a Delaware limited partnership By: UNITED DOMINION REALTY TRUST, INC., a Maryland corporation, its General Partner By: /s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Executive Vice President, Treasurer & Chief Financial Officer UDR OF NC, LIMITED PARTNERSHIP, a North Carolina limited partnership By: UDRT OF DELAWARE 4 LLC, a Delaware limited liability company, its manager General Partner By: Xxxxxxxx CapitalUNITED DOMINION REALTY, Inc.L.P., a Delaware limited partnership, its Sole Member By: UNITED DOMINION REALTY TRUST, INC., a Maryland corporation, its managing member General Partner By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLCAAC FUNDING PARTNERSHIP II, a Florida limited liability company Delaware general partnership By: Xxxxxxxx Capital Operating CompanyAAC FUNDING II, INC., a Delaware corporation, its Managing Partner By: /s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Executive Vice President, Treasurer & Chief Financial Officer HERITAGE COMMUNITIES L.P., a Delaware limited partnership By: ASR OF DELAWARE LLC, a Delaware limited liability company, its manager General Partner By: Xxxxxxxx Capital, Inc.ASR INVESTMENTS CORPORATION, a Maryland corporation, its managing member Sole Member By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSUDR TEXAS PROPERTIES, LLCL.P., a Delaware limited liability company partnership By: Xxxxxxxx Capital Operating CompanyUDR WESTERN RESIDENTIAL, LLCINC., a Delaware limited liability companyVirginia corporation, its sole member General Partner By: Xxxxxxxx Capital/s/ Mxxxxxx X. Xxxxx Name: Mxxxxxx X. Xxxxx Title: Executive Vice President, Inc.Treasurer & Chief Financial Officer UDR OF TENNESSEE, L.P., a Virginia limited partnership By: UNITED DOMINION REALTY TRUST, INC., a Maryland corporation, its managing member General Partner By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGEUDR CALIFORNIA PROPERTIES, LLC, a Delaware Virginia limited liability company By: Xxxxxxxx Capital Operating CompanyUNITED DOMINION REALTY TRUST, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc.INC., a Maryland corporation, its managing member Manager By: /s/ Mxxxxxx X. Xxxxx X. Xxxxxxxx Name: Mxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Executive Vice President, Treasurer & Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentOfficer

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Borrower. XXXXXXXX CAPITAL XX XXXXX OPERATING COMPANYPARTNERSHIP, L.P., a Delaware limited partnership By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: XX XXXXX REALTY CORP., a Maryland corporation By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: GREEN 1412 PREFERRED LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc.Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: XX XXXXX FUNDING LLC, a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida New York limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company ByPresident GUARANTOR: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, 469 PREFERRED MEMBER LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, President GUARANTOR: SLG 500-512 FUNDING LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, President GUARANTOR: SLG 40 WALL FUNDING LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Executive Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company ByPresident GUARANTOR: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, SLG PENNCOM FUNDING LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, Name: Title: GUARANTOR: SLG 609 FUNDING LLC, a Delaware limited liability company, its sole member company By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Executive Vice President RENASANT GUARANTOR: SLG EAB FUNDING LLC, a Delaware limited liability company By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: SLG 50 WEST PARTICIPATION LLC, a Delaware limited liability company By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: SLG 1370 FUNDING LLC, a Delaware limited liability company By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: XX XXXXX WEST 26th FUNDING LLC, a Delaware limited liability company By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President GUARANTOR: GREEN 225 PENN BLDG LLC, a Delaware limited liability company By: Name: Title: GUARANTOR: XX XXXXX 11 MADISON FUNDING LLC, a Delaware limited liability company By: Name: Xxxxxx X. Xxxxxx Title: Executive Vice President ADMINISTRATIVE AGENT AND COLLATERAL AGENT: FLEET NATIONAL BANK, As Administrative Agent and Collateral Agent By: Name: Title: LENDER: FLEET NATIONAL BANK, By: Name: Title: LENDER: WACHOVIA BANK NATIONAL ASSOCIATION By: Name: Title: LENDER: SOVEREIGN BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK LENDER: COMMERZBANK AG NEW YORK BRANCH By: /s/ Name: Title: LENDER: THE BANK OF NEW YORK By: Name: Title: SCHEDULE 1 Lenders; Domestic and LIBOR Lending Offices FLEET NATIONAL BANK 000 Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: Structured Real Estate Fax: (000) 000-0000 Tel: (000) 000-0000 WACHOVIA BANK NATIONAL ASSOCIATION Wachovia Securities 000 X. Xxxxxxx Xxxxxx, XX0000 Xxxxxxxxx, XX 00000 Attn: Xxx Xxxx Tel: 000-000-0000 Fax: 000-000-0000 XXXXXXXXX XXXX 00 Xxxxx NameXxxxxx XX 0XXX 0411 Xxxxxx, XX 00000 Attn: T. Xxxxxxx Xxxxxxx Fax: (000) 000-0000 Tel: (000) 000-0000 COMMERZBANK AG, NEW YORK BRANCH 2 World Financial Center New York, New York 10281-1050 Attn: Xxxxxx Xxxxx TitleFax: Senior Vice President(000) 000-0000 Tel: (000) 000-0000 THE BANK OF NEW YORK Xxx Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxxxx Xxxxxxxx Fax: (000) 000-0000 Tel: (000) 000-0000 SCHEDULE 1.1 Structured Finance Collateral Assets ASSET OWNERSHIP

Appears in 1 contract

Samples: Pledge and Security Agreement (Sl Green Realty Corp)

Borrower. XXXXXXXX CAPITAL OPERATING NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO GUARANTORS: NEW PLAN REALTY TRUST, a Massachusetts business trust By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO EXCEL REALTY TRUST-ST, INC., a Delaware corporation By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO CA NEW PLAN ASSET PARTNERSHIP IV, L.P., a Delaware limited partnership By: CA New Plan Asset, Inc., a Delaware corporation, its sole general partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO EXCEL REALTY TRUST – NC, a North Carolina general partnership By: NC Properties #1 Inc., a Delaware corporation, its managing Partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO NP OF TENNESSEE, L.P., a Delaware limited partnership By: New Plan of Tennessee, Inc., a Delaware corporation, its sole general partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO POINTE ORLANDO DEVELOPMENT COMPANY, a California general partnership By: ERT Development Corporation, a Delaware corporation, general partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO By: ERT Pointe Orlando, Inc., a New York corporation, general partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO CA NEW PLAN TEXAS ASSETS, L.P., a Delaware limited partnership By: CA NEW PLAN FLOATING RATE SPE, INC., a Delaware corporation, its sole general partner By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, CFO HK NEW PLAN EXCHANGE PROPERTY OWNER I, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxx X. Xxxxx X. Xxxxxxxx Name: Xxxx X. Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentEVP, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSCFO NEW PLAN OF ILLINOIS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: EVP, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc.CFO NEW PLAN PROPERTY HOLDING COMPANY, a Maryland corporation, its managing member real estate investment trust By: /s/ Xxxx X. Xxxxx X. Xxxxxxxx Name: Xxxx X. Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentEVP, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGECFO NEW PLAN OF MICHIGAN, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxx X. Xxxxx X. Xxxxxxxx Name: Xxxx X. Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentEVP, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1CFO LENDERS AND AGENTS: CITICORP NORTH AMERICA, LLCINC., individually, as a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually Lender and as Administrative Agent By: /s/ Xxxx Xx Xxxxxx X. Xxxxx Name: Xxxx Xx Xxxxxx X. Xxxxx Title: Vice President CITIGROUP GLOBAL MARKETS INC., as a Joint Lead Arranger and Joint Book Running Manager By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Vice President XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX BANKINCORPORATED, N.A. as a Joint Lead Arranger and Joint Book Running Manager and as Syndication Agent By: /s/ Xxxx Xxxxx Xxx Name: Xxxx Xxxxx Xxx Title: Senior Vice President BMO XXXXXX Director XXXXXXX XXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK USA, as a Lender By: /s/ Xxxx Xxxxxx Xxxxxxx Name: Xxxx Xxxxxx Xxxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President

Appears in 1 contract

Samples: Term Loan Agreement (New Plan Excel Realty Trust Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYAMREIT WESTSIDE PLAZA, LLCLP, a Delaware Texas limited liability company partnership By: Xxxxxxxx CapitalAmREIT Westside Plaza GP, Inc., a Maryland limited liability companyTexas corporation, its managing member General Partner By: /s/ Xxxxx X. Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxxxxx Title: Senior Vice PresidentPresident GUARANTOR: AMREIT MONTHLY INCOME & GROWTH FUND III, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INCLTD., a Maryland corporation Texas limited partnership By: AmREIT Monthly Income & Growth Fund III Corporation, a Texas corporation, its General Partner By: /s/ Xxxxx X. Xxxxxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxxxxx Title: Senior Vice PresidentPresident LENDER: U.S. BANK NATIONAL ASSOCIATION, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVEA NATIONAL BANKING ASSOCIATION, LLCAS TRUSTEE FOR THE REGISTERED HOLDERS OF X.X. XXXXXX XXXXX COMMERCIAL MORTGAGE SECURITIES CORP., MIAMI CITY SELF STORAGE DORAL 77TH OWNERCOMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, LLC; MIAMI CITY SELF STORAGE 6TH AVESERIES 2005-LDP2, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company A Note Holder By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage ParentLNR Partners, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capitalsuccessor by statutory conversion to LNR Partners, Inc., a Maryland Florida corporation, its managing member as attorney in fact By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Xxxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Xxxxxxx Title: Senior Vice PresidentPresident U.S. BANK NATIONAL ASSOCIATION, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENTA NATIONAL BANKING ASSOCIATION, LLCAS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF MEZZ CAP 2005-C3, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005- C3, B Note Holder By: U.S. Bank National Association, a Florida limited liability company national banking association, as trustee for the registered holders of X.X. Xxxxxx Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-LDP2, pursuant to a power of attorney granted in that certain Intercreditor Agreement Among Note Holders, dated as of May 2, 2005 By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS HoldingLNR Partners, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capitalsuccessor by statutory conversion to LNR Partners, Inc., a Maryland Florida corporation, its managing member as attorney in fact By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Vice President Agreed to and Acknowledged by Cash Management Bank solely with respect to Section 3 and Schedules II and III of this Modification Agreement: XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Xxxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentEXHIBIT A

Appears in 1 contract

Samples: Loan Documents (AmREIT Monthly Income & Growth Fund III LTD)

Borrower. SSTI 4761 GULF BREEZE PKWY, LLC, a Delaware limited liability company SSTI 0000 XXXXXXXX CAPITAL OPERATING COMPANYXXX, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx CapitalStrategic Storage Trust, Inc., a Maryland corporation, its managing member Manager By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Strategic Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx CapitalTrust, Inc., a Maryland corporation, its managing member Manager By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx XxXxxxx By: /s/ Xxxxxxx X. XxXxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx XxXxxxx Name: Xxxxxxx X. XxXxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company ByTitle: Xxxxxxxx Capital Operating CompanyChief Financial Officer SSTI 6047 XXXXXXX XXXX DR, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONScompany SSTI 4105 XXXXXX XXXXXX PKWY, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx CapitalStrategic Storage Trust, Inc., a Maryland corporation, its managing member Manager By: Strategic Storage Trust, Inc., a Maryland corporation, its Manager By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx XxXxxxx By: /s/ Xxxxxxx X. XxXxxxx Name: Xxxxx Xxxxxxx X. Xxxxxxxx XxXxxxx Name: Xxxxxxx X. XxXxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGETitle: Chief Financial Officer SSTI 52 XXXXXX XXXXXX RD, LLC, a Delaware limited liability company SSTI 2801 NORTH BERKELEY LAKE RD, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx CapitalStrategic Storage Trust, Inc., a Maryland corporation, its managing member Manager By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx CapitalStrategic Storage Trust, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK Manager By: /s/ Xxxxxxx X. Xxxxxx XxXxxxx By: /s/ Xxxxxxx X. XxXxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx XxXxxxx Name: Xxxxxxx Xxxx X. XxXxxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Chief Financial Officer Title: Senior Vice PresidentChief Financial Officer

Appears in 1 contract

Samples: Credit Agreement (Strategic Storage Trust, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYBLUEGREEN CORPORATION OF THE ROCKIES, a Delaware corporation By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN GOLF CLUBS, INC., a Delaware corporation By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN PROPERTIES OF VIRGINIA, INC., a Delaware corporation By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN SOUTHWEST ONE, L.P., a Delaware limited partnership By: Bluegreen Southwest Land, Inc., a Delaware corporation, its general partner By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer CATAWBA FALLS, LLC, a Delaware North Carolina limited liability company By: Xxxxxxxx CapitalName: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SIGNATURE PAGE 0 Xxxxxxxxx Xxxxxxxxxxx XXXXXXXXX XXXXXXXXXXX XX XXXXX, L.P., a Delaware limited partnership By: Bluegreen Southwest Land, Inc., a Maryland Delaware corporation, its general partner By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN COMMUNITIES OF GEORGIA, LLC, a Georgia limited liability company, its managing member company By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN CORPORATION, a Massachusetts corporation By: Name: Xxxxxxx X. Xxxxxxxx Xxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REITFOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SIGNATURE PAGE 2 Bluegreen Communities RFC: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSRFC CONSTRUCTION FUNDING, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating CompanyName: Title: FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SIGNATURE PAGE 3 Bluegreen Communities SCHEDULE 1-A ADDENDUM TO $50,000,000 REVOLVING PROMISSORY NOTE ADDENDUM TO REVOLVING PROMISSORY NOTE THIS ADDENDUM TO REVOLVING PROMISSORY NOTE (this “Addendum”) is is to be attached to that certain Revolving Promissory Note dated September 25, 2002 in the principal amount of Fifty Million Dollars ($50,000,000), as amended by Addendum to Revolving Promissory Note, dated as of October 3, 2003, executed initially by (i) BLUEGREEN CORPORATION OF THE ROCKIES, a Delaware corporation, (ii) BLUEGREEN GOLF CLUBS, INC., a Delaware corporation, (iii) BLUEGREEN PROPERTIES OF VIRGINIA, INC., a Delaware corporation, and (iv) BLUEGREEN SOUTHWEST ONE, L.P., a Delaware limited partnership, collectively, as maker for the benefit of RFC CONSTRUCTION FUNDING, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer successor in interest to and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Companyassignee of RESIDENTIAL FUNDING COMPANY, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc.formerly known as Residential Funding Corporation, a Maryland Delaware corporation (“Lender”), as holder (as amended or otherwise modified from time to time, the “Note”). All capitalized terms not otherwise defined herein shall have the meaning given to such term in the Note. From and after the Effective Date, the “Base Rate” under the Note shall be determined as follows: (i) as of the Effective Date, the Base Rate shall be the Prime Rate plus 2.0%, but in no event less than 10%; (ii) from and after the date on which the Loan Amount (as defined in the Loan Agreement) has been reduced by a total of $25,000,000.00 (inclusive of the Principal Paydown, as such term is defined in that certain Fourth Amendment to the Loan Agreement, executed on even date herewith), the Base Rate shall be the Prime Rate plus 2.0%, but no less than 8%; and (iii) from and after the date on which the Loan Amount has been reduced to a total of $20,000,000.00 or less (inclusive of the Principal Paydown), the Base Rate shall be the Prime Rate plus 2.0%, but no less than 6%. The parties hereby agree that the substitute source for determining the prime lending rate, in place of Bank One, shall be JPMorgan Chase, N.A. From and after the Effective Date, the “Default Rate” under the Note shall be the Base Rate plus 5.0%. Effective Date: July 1, 2009 [[[SIGNATURE PAGES OF BORROWER PARTIES TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 1-A, PAGE 1 Bluegreen Communities SCHEDULE 1-B ADDENDUM TO $25,000,000 REVOLVING PROMISSORY NOTE ADDENDUM TO REVOLVING PROMISSORY NOTE THIS ADDENDUM TO REVOLVING PROMISSORY NOTE (this “Addendum”) is is to be attached to that certain Revolving Promissory Note dated May 10, 2005 in the principal amount of Twenty-Five Million Dollars ($25,000,000), executed initially by (i) BLUEGREEN CORPORATION OF THE ROCKIES, a Delaware corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President(ii) BLUEGREEN GOLF CLUBS, Chief Financial Officer INC., a Delaware corporation, (iii) BLUEGREEN PROPERTIES OF VIRGINIA, INC., a Delaware corporation, and Treasurer (SEALiv) LR-BAYSHORE 1BLUEGREEN SOUTHWEST ONE, LLCL.P., a Delaware limited liability company By: Xxxxxxxx Capital Operating Companypartnership, collectively, as maker for the benefit of RFC CONSTRUCTION FUNDING, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer successor in interest to and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdingsassignee of RESIDENTIAL FUNDING COMPANY, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLCformerly known as Residential Funding Corporation, a Delaware limited liability companycorporation (“Lender”), its sole member Byas holder (as amended or otherwise modified from time to time, the “Note”). All capitalized terms not otherwise defined herein shall have the meaning given to such term in the Note. From and after the Effective Date, the “Base Rate” under the Note shall be determined as follows: Xxxxxxxx Capital(i) as of the Effective Date, Inc.the Base Rate shall be the Prime Rate plus 2.0%, but in no event less than 10%; (ii) from and after the date on which the Loan Amount (as defined in the Loan Agreement) has been reduced by a Maryland corporationtotal of $25,000,000.00 (inclusive of the Principal Paydown, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice Presidentas such term is defined in that certain Fourth Amendment to the Loan Agreement, Chief Financial Officer executed on even date herewith), the Base Rate shall be the Prime Rate plus 2.0%, but no less than 8%; and Treasurer (SEALiii) XXXXXXX ISLAND SS HOLDINGfrom and after the date on which the Loan Amount has been reduced to a total of $20,000,000.00 or less (inclusive of the Principal Paydown), LLCthe Base Rate shall be the Prime Rate plus 2.0%, a Florida limited liability companybut no less than 6%. The parties hereby agree that the substitute source for determining the prime lending rate, By: JCAP FI Holdingsin place of Bank One, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANKshall be JPMorgan Chase, N.A. ByFrom and after the Effective Date, the “Default Rate” under the Note shall be the Base Rate plus 5.0%. Effective Date: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentJuly 1, 2009 [[[SIGNATURE PAGES OF BORROWER PARTIES TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 1-C, PAGE 1 Bluegreen Communities SCHEDULE 2-A FORM OF BRICKSHIRE DEED OF TRUST [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 2-A, PAGE 1 Bluegreen Communities SCHEDULE 2-B FORM OF CHAPEL RIDGE DEED OF TRUST [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 2-B, PAGE 1 Bluegreen Communities SCHEDULE 2-C FORM OF SANCTUARY COVE DEED TO SECURE DEBT [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 2-C, PAGE 1 Bluegreen Communities SCHEDULE 3-A FORM OF BRICKSHIRE ASSIGNMENT [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 3-A, PAGE 1 Bluegreen Communities SCHEDULE 3-B FORM OF CHAPEL RIDGE ASSIGNMENT [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 3-B, PAGE 1 Bluegreen Communities SCHEDULE 3-C FORM OF SANCTUARY COVE ASSIGNMENT [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 3-C, PAGE 1 Bluegreen Communities SCHEDULE 4-A FORM OF BRICKSHIRE HAZMAT INDEMNITY [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 4-A, PAGE 1 Bluegreen Communities SCHEDULE 4-B FORM OF CHAPEL RIDGE HAZMAT INDEMNITY [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 4-B, PAGE 1 Bluegreen Communities SCHEDULE 4-C FORM OF SANCTUARY COVE HAZMAT INDEMNITY [[[TO BE INSERTED]]] FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 4-C, PAGE 1 Bluegreen Communities SCHEDULE 5 DESCRIPTION OF SALE OF BRICKSHIRE PROJECT AND CHAPEL RIDGE PROJECT FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTS SCHEDULE 5, PAGE 1

Appears in 1 contract

Samples: Loan Agreement (Bluegreen Corp)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYBLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation By: Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN NEVADA, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc.Name: Xxxxxxx X. Xxxxx Title: Vice President and Treasurer BLUEGREEN CORPORATION, a Maryland limited liability company, its managing member Massachusetts corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REITFOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) SIGNATURE PAGE 1 Bluegreen Resorts LENDER: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSGMAC COMMERCIAL FINANCE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer FOURTH MODIFICATION AGREEMENT (SEALAD&C LOAN AGREEMENT) LRSIGNATURE PAGE 2 Bluegreen Resorts SCHEDULE 1-BAYSHORE A FORM OF XXXXXXXX FALLS DEED OF TRUST [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) SCHEDULE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer -A PAGE 1 Bluegreen Resorts SCHEDULE 1-B FORM OF NORTH MYRTLE BEACH DEED OF TRUST [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (SEALAD&C LOAN AGREEMENT) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer SCHEDULE 1-B PAGE 1 Bluegreen Resorts SCHEDULE 2-A FORM OF XXXXXXXX FALLS ASSIGNMENT [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (SEALAD&C LOAN AGREEMENT) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentSCHEDULE 2-A PAGE 1 Bluegreen Resorts SCHEDULE 2-B FORM OF NORTH MYRTLE BEACH ASSIGNMENT [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) SCHEDULE 2-B PAGE 1 Bluegreen Resorts SCHEDULE 3-A FORM OF XXXXXXXX FALLS HAZMAT INDEMNITY [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) SCHEDULE 3-A PAGE 1 Bluegreen Resorts SCHEDULE 3-B FORM OF NORTH MYRTLE BEACH HAZMAT INDEMNITY [[[TO BE INSERTED]]] FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) SCHEDULE 3-B PAGE 1

Appears in 1 contract

Samples: Fourth Modification Agreement (Bluegreen Corp)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANY, HH MEZZ BORROWER A-4 LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, President HH MEZZ BORROWER C-4 LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, President HH MEZZ BORROWER D-4 LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, President HH MEZZ BORROWER F-4 LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer President SIGNATURE PAGE TO OMNIBUS AMENDMENT AND CONSENT (SEALMezzanine 4 Loan) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, USActive 27170400.5 HH MEZZ BORROWER G-4 LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Vice President SIGNATURE PAGE TO OMNIBUS AMENDMENT AND CONSENT (Mezzanine 4 Loan) USActive 27170400.5 GUARANTOR: ASHFORD HOSPITALITY LIMITED PARTNERSHIP By: Ashford OP General Partner LLC By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Brook Title: Vice President SIGNATURE PAGE TO OMNIBUS AMENDMENT AND CONSENT (Mezzanine 4 Loan) USActive 27170400.5 PRISA III REIT OPERATING LP By: PRISA III OP GP, LLC, a Delaware limited liability companyits general partner By: PRISA III FUND LP, its manager By: PRISA III FUND GP, LLC, its general partner By: PRISA III FUND PIM, LLC, its sole member By: Xxxxxxxx CapitalPrudential Investment Management, Inc., a Maryland corporation, its managing sole member By: /s/ Xxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Xxxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentSIGNATURE PAGE TO OMNIBUS AMENDMENT AND CONSENT (Mezzanine 4 Loan) USActive 27170400.5 SCHEDULE 1 Organizational Chart of Borrower (Attached) S1-1 S1-2 SCHEDULE 2 Boston Back Bay Documents (in each case dated as of the date hereof)

Appears in 1 contract

Samples: Omnibus Amendment and Consent (Ashford Hospitality Trust Inc)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYHIT PORTFOLIO II HIL TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH Secretary HIT PORTFOLIO II OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer PLG JACKSONVILLE STORAGESecretary HIT PORTFOLIO II MISC TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: General Counsel and Secretary HIT PORTFOLIO II NTC OWNER, LLCLP, a Delaware limited liability companypartnership By: HIT Portfolio II NTC Owner GP, LLC, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member general partner By: /s/ Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentGeneral Counsel and Secretary HIT PORTFOLIO II NTC HIL TRS, Chief Financial Officer LP, a Delaware limited partnership By: HIT Portfolio II NTC TRS GP, LLC, its general partner By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: General Counsel and Treasurer (SEAL) LR-BAYSHORE 1Secretary HIT PORTFOLIO II NTC TRS, LP, a Delaware limited partnership By: HIT Portfolio II NTC TRS GP, LLC, its general partner By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: General Counsel and Secretary HIT PORTFOLIO II TRS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer General Counsel and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSSecretary HIT STRATFORD, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: General Counsel and Secretary HIT TRS STRATFORD, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent company By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx X. Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentGeneral Counsel and Secretary

Appears in 1 contract

Samples: Second Loan Modification Agreement (Hospitality Investors Trust, Inc.)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYMID-CON ENERGY PROPERTIES, LLC, a Delaware limited liability company By: Xxxxxxxx CapitalMid-Con Energy Partners, Inc.LP, a Maryland aDelaware limited liability companypartnership, its managing member itsSole Member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating CompanyMid-Con Energy GP, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member ,Its General Partner By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx NameXxxxxxx X. OlmsteadChief Executive Officer GUARANTOR: Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentMID-CON ENERGY PARTNERS, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLCLP, a Florida Delaware limited liability company partnership By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating CompanyMid-Con Energy GP, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member ,Its General Partner By: /s/ Xxxxx Xxxxxxx X. Xxxxxxxx NameXxxxxxx X. OlmsteadChief Executive Officer RESIGNING ADMINISTRATIVE AGENT: Xxxxx X. Xxxxxxxx Title: Senior Vice PresidentROYAL BANK OF CANADA, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer PLG JACKSONVILLE STORAGE, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGS, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as resigning Administrative Agent By: /s/ Xxxx Xx Xxx Xxxxx Name: Xxxx Xx Xxx Xxxxx Title: Manager Agency RESIGNING COLLATERAL AGENT: ROYAL BANK OF CANADA, as resigning Collateral Agent By: /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Manager Agency RESIGNING LC ISSUER: ROYAL BANK OF CANADA, as resigning LC Issuer By: /s/ Xxx X. XxXxxxxxxxx Name: Xxx X. Xxxxxxxxxxx Title: Authorized Signatory LENDERS: ROYAL BANK OF CANADA, as an LC Issuer and as a Lender By: /s/ Xxx X. XxXxxxxxxxx Name: Xxx X. Xxxxxxxxxxx Title: Authorized Signatory XXXXX FARGO BANK, NATIONAL ASSOCIATION as a Lender By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Director BOKF, NA, d/b/a The Bank of Texas as a Lender By: Name: Title: COMERICA BANK as a Lender By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX THE BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK OF NOVA SCOTIA as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK Director MUFG UNION BANK, N.A. as a Lender By: /s/ Xxxxxxx X. Xxxxxx Haylee Dallas Name: Xxxxxxx X. Xxxxxx Haylee Dallas Title: Senior Vice President RENASANT FROST BANK as a Lender By: /s/ Xxxxxxx Xxxx Xxxxxxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Xxxxxxxx Title: Senior Vice President

Appears in 1 contract

Samples: Credit Agreement (Mid-Con Energy Partners, LP)

Borrower. XXXXXXXX CAPITAL OPERATING COMPANYMAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer GUARANTORS: MAGNUM HUNTER RESOURCES LP, a Delaware limited partnership By: Magnum Hunter Resources GP, LLC, its general partner By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Financial Officer MAGNUM HUNTER RESOURCES GP, LLC, a Delaware limited liability company By: Xxxxxxxx Capital, Inc., a Maryland limited liability company, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer REIT: XXXXXXXX CAPITAL, INC., a Maryland corporation By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) SUBSIDIARY GUARANTORS: MIAMI CITY SELF STORAGE 3RD AVE, LLC, MIAMI CITY SELF STORAGE DORAL 77TH OWNER, LLC; MIAMI CITY SELF STORAGE 6TH AVE, LLC; MIAMI CITY SELF STORAGE 28TH LANE, LLC; MIAMI CITY SELF STORAGE PEMBROKE PINES BLVD OWNER, LLC, each a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, their sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) BAKERY SQUARE SELF STORAGE, LLC, a Florida limited liability company By: Bakery Square Self Storage Parent, LLC, a Florida limited liability company, its manager By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) Signature Page to Joinder Agreement BAKERY SQUARE SELF STORAGE PARENT, LLC, a Florida limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its manager By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer BAKERY SQUARE OPERATIONSTRIAD HUNTER, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer MAGNUM HUNTER PRODUCTION INC., a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member Kentucky corporation By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice PresidentTreasurer NGAS HUNTER, Chief Financial Officer and LLC By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer PLG JACKSONVILLE STORAGEXXXXXX XXXXXX CANADA, INC., a corporation existing under the laws of the Province of Alberta By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer XXXXXX XXXXXX, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LR-BAYSHORE 1MAGNUM HUNTER MARKETING, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer VIKING INTERNATIONAL RESOURCES CO., LLCINC., a Delaware limited liability company, its managing member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member corporation By: /s/ Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Name: Xxxxx Xxxxxx X. Xxxxxxxx Xxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer XXXXXXX ISLAND SS, LLC, a Florida limited liability company By: Xxxxxxx Island SS Holding, LLC, a Florida limited liability company, its sole member By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) XXXXXXX ISLAND SS HOLDING, LLC, a Florida limited liability company, By: JCAP FI Holdings, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital Operating Company, LLC, a Delaware limited liability company, its sole member By: Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member By: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer JCAP FI HOLDINGSSHALE HUNTER, LLC, a Delaware limited liability company By: Xxxxxxxx Capital Operating Company/s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer HUNTER REAL ESTATE, LLC, a Delaware limited liability company, its sole member company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer TRIAD HOLDINGS, LLC, an Ohio limited liability company By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Treasurer ISSUING BANK BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Capital, Inc., a Maryland corporation, its managing member Name: Xxxxxx Xxxxxxxx Title: Managing Director ADMINISTRATIVE AGENT BANK OF MONTREAL By: /s/ Xxxxxx Xxxxxxxx Name: Xxxxxx Xxxxxxxx Title: Managing Director LOAN ADMINISTRATOR CANTOR XXXXXXXXXX SECURITIES By: /s/ Xxxxx X. Xxxxxxxx Xxxx Name: Xxxxx X. Xxxxxxxx Title: Senior Vice President, Chief Financial Officer and Treasurer (SEAL) LENDERS: KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ Xxxx Xx Xxxxx Name: Xxxx Xx Xxxxx Title: Vice President XXXXXXX XXXXX BANK, N.A. By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Senior Vice President BMO XXXXXX BANK N.A. By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President TRUSTMARK NATIONAL BANK By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Vice President FIRSTBANK By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Senior Vice President TRIUMPH BANK By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Senior Vice President RENASANT BANK By: /s/ Xxxxxxx Xxxx Name: Xxxxxxx Xxxx Title: Senior Vice President PINNACLE BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice PresidentChief Operating Officer

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

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