Common use of Form of Clause in Contracts

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions This CREDIT AGREEMENT, dated as of August 1, 2007 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORS, INC., a Maryland corporation (the “Borrower”), the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, ▇▇▇▇▇ FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, and.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), ▇▇▇▇ HES CORP., a Delaware corporation (“▇▇▇▇ Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE ▇▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and ▇▇▇▇▇▇ EQUITIES, INC., a Maryland corporation Delaware Corporation (“▇▇▇▇▇▇” and, collectively with OLLC, Global, ▇▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC JPMORGAN CHASE BANK, N.A. as an L/C Issuer, BANK OF AMERICA SECURITIES LLCMONTREAL, as Joint Lead Arranger and Joint BookrunnerCAPITAL ONE, UBS SECURITIES LLCN.A., as Joint Lead ArrangerCITIZENS BANK, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P., as Documentation AgentN.A., JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA MUFG BANK, NATIONAL ASSOCIATIONLTD., as Documentation AgentCOOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, SOCIETE GENERALE, TD BANK, N.A., and ▇▇▇▇▇ FARGO BANK, N.A., N.A. as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, Co-Syndication Agents and SUNTRUST FIFTH THIRD BANK, SANTANDER BANK, N.A. and KEYBANK NATIONAL ASSOCIATION as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed A-1 Loan Notice B A-2 Swing Line Loan Notice B Borrowing Base Report C Negotiated Rate Loan Notice Product Under Contract LC Certificate D Revolving Note E Compliance Certificate F F-1 Assignment and Assumption F-2 Administrative Questionnaire G Opinions Guaranty H Opinion Matters I U.S. Tax Compliance Certificates This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2007 AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of April 25, 2017, among GLOBAL OPERATING LLC, a Delaware limited liability company (“OLLC”), among HEALTH CARE PROPERTY INVESTORSGLOBAL COMPANIES LLC, a Delaware limited liability company (“Global”), GLOBAL MONTELLO GROUP CORP., a Delaware corporation (“Montello”), G▇▇▇ HES CORP., a Delaware corporation (“G▇▇▇ Hes”), BASIN TRANSLOAD, LLC, a Delaware limited liability company (“Basin”), CHELSEA SANDWICH LLC, a Delaware limited liability company (“Chelsea LLC”), GLP FINANCE CORP., a Delaware corporation (“Finance”), ALLIANCE ENERGY LLC, a Massachusetts limited liability company (“Alliance”), CASCADE K▇▇▇▇ HOLDINGS LLC, an Oregon limited liability company (“Cascade”) and W▇▇▇▇▇ EQUITIES, INC., a Maryland corporation Delaware Corporation (“W▇▇▇▇▇” and, collectively with OLLC, Global, M▇▇▇▇▇▇▇, ▇▇▇▇ Hes, Basin, Chelsea LLC, Finance, Alliance and Cascade, the “Initial Borrowers” and each individually, an “Initial Borrower”), GLOBAL PARTNERS LP, a Delaware limited partnership (the lending institutions party hereto “MLP”), each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCJPMORGAN CHASE BANK, N.A. as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P., as Documentation Agentan L/C Issuer, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, ▇N.A. and W▇▇▇▇ FARGO BANK, N.A. as Co-Syndication Agents and CITIZENS BANK, N.A., as Documentation AgentSOCIETE GENERALE, THE BANK OF NOVA SCOTIABNP PARIBAS, as Senior Managing AgentMUFG BANK, CALYON LTD., CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, COOPERATIEVE RABOBANK U.A., NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST SANTANDER BANK, N.A., T.D. BANK, N.A. AND CAPITAL ONE, N.A. as Senior Managing Agent, andCo-Documentation Agents.

Form of. A Committed Loan Notice B Swing Line Loan Notice [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Opinions This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1December 9, 2007 2024 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTH CARE PROPERTY INVESTORSHEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation (the “Borrower”)corporation, DOC DR HOLDCO, LLC, a Maryland limited liability company, DOC DR, LLC, a Maryland limited liability company, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender, L/C Issuer and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLC, as Joint Lead Arranger and Joint Bookrunner, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P., as Documentation Agent, JPMORGAN CHASE BANK, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, ▇and W▇▇▇▇ FARGO BANK, N.A.NATIONAL ASSOCIATION, as Documentation AgentCo-Syndication Agents, THE BANK OF NOVA SCOTIA, as Senior Managing AgentBARCLAYS BANK PLC, CALYON BNP PARIBAS, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, G▇▇▇▇▇▇ S▇▇▇▇ BANK USA, KEYBANK NATIONAL ASSOCIATION, MIZUHO BANK, LTD., M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, BANCO SANTANDER, S.A., NEW YORK BRANCH, TD BANK, N.A. and TRUIST BANK, as Senior Managing AgentCo-Documentation Agents, KEY and THE HUNTINGTON NATIONAL BANK, M&T BANK CORPORATION, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Agent, and SUNTRUST BANK, as Senior Managing Agent, andAgents.

Form of. A Committed Loan Notice B Swing Line Loan Notice C Negotiated Rate Loan Notice D C-1 Revolving Note E C-2 Swing Line Note C-▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇-▇ ▇▇▇ ▇▇▇▇ Note D Compliance Certificate F E Assignment and Assumption G Opinions F Unencumbered Pool Report This REVOLVING CREDIT AGREEMENT, dated as of August 1, 2007 AND TERM LOAN AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”)) is entered into as of July 21, 2014 by and among HEALTH CARE PROPERTY INVESTORS, INC.AGREE LIMITED PARTNERSHIP, a Maryland corporation Delaware limited partnership (the “Borrower”), each of the lending institutions party hereto Loan Parties from time to time party hereto, each lender from time to time party hereto (each, a “Lender” and collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICAand PNC BANK, N.A.NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender, Lender and L/C Issuer Issuer, with PNC CAPITAL MARKETS LLC and Alternative Currency Fronting Lender, BANC OF AMERICA SECURITIES LLCCITIGROUP GLOBAL MARKETS INC., as Joint Lead Arranger Arrangers and Joint BookrunnerBook Managers for the Revolving Credit Facility, UBS SECURITIES LLC, as Joint Lead Arranger, Joint Bookrunner PNC CAPITAL MARKETS LLC and Syndication Agent, BARCLAYS CAPITAL, as Joint Bookrunner and Documentation Agent, CITICORP NORTH AMERICA, INC., as Documentation Agent, CREDIT SUISSE, CAYMAN ISLANDS BRANCH, as Documentation Agent, SUNTRUST R▇▇▇▇▇▇▇ ▇▇▇▇▇ CREDIT PARTNERS L.P.▇▇▇▇, INC., as Documentation AgentJoint Lead Arrangers and Joint Book Managers for the New Term Loan Facility, JPMORGAN CHASE PNC CAPITAL MARKETS LLC, as Sole Lead Arranger and Sole Book Manager for the Existing Term Loan Facility, CITIGROUP GLOBAL MARKETS INC., as Syndication Agent for the Revolving Credit Facility, SUNTRUST BANK, as Syndication Agent for the New Term Loan Facility, and BMO CAPITAL MARKETS, as Syndication Agent for the Existing Term Loan Facility. Certain of the Lenders and other financial institutions have made available to the Borrower a revolving facility in the amount of $85,000,000 on the terms and conditions contained in that certain Credit Agreement dated as of October 26, 2011 (as amended and in effect immediately prior to the date hereof, the “Existing Revolving Credit Agreement”) by and among the Borrower, such Lenders, certain other financial institutions, and Bank of America, N.A., as Documentation Agent, WACHOVIA BANK, NATIONAL ASSOCIATION, as Documentation Agent, ▇▇▇▇▇ FARGO BANK, N.A., as Documentation Agent, THE BANK OF NOVA SCOTIA, as Senior Managing Agent, CALYON NEW YORK BRANCH, as Senior Managing Agent, KEY BANK NATIONAL ASSOCIATION, as Senior Managing Agent, ▇▇▇▇▇▇▇ ▇▇▇▇▇ BANK USA, as Senior Managing Agent, THE ROYAL BANK OF SCOTLAND PLC, as Senior Managing Administrative Agent, and SUNTRUST BANKthe other parties thereto; Certain of the Lenders and other financial institutions have made available to the Borrower a term loan facility in the amount of $35,000,000 on the terms and conditions contained in that certain Term Loan Agreement dated as of September 30, 2013 (as amended and in effect immediately prior to the date hereof, the “Existing Term Loan Agreement”) by and among the Borrower, such Lenders, certain other financial institutions, and PNC Bank, National Association, as Senior Managing Administrative Agent, and.and the other parties thereto; and The Borrower has requested that the Lenders amend and restate the Existing Term Loan Agreement (a) to replace the Existing Revolving Credit Agreement and (b) to make available to the Borrower credit facilities in an aggregate initial amount of $250,000,000, which will include the existing $35,000,000 term loan facility, a new $65,000,000 7-year term loan facility and a $150,000,000 revolving credit facility, all on the terms and conditions set forth herein. In consideration of the mutual covenants and agreements herein contained, the parties hereto covenant, and agree that the Existing Term Loan Agreement is amended and restated in its entirety, as follows: