Common use of Form of Clause in Contracts

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 20, 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, THE BANK OF NOVA SCOTIA, BARCLAYS BANK PLC, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, G▇▇▇▇▇▇ S▇▇▇▇ BANK USA, MIZUHO BANK, LTD., M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Co-Documentation Agents, and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D Revolving Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 20, 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OPPROPERTIES, LLCINC. (formerly known as HCP, Inc.), a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporationcorporation (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, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, THE BANK OF NOVA SCOTIA, BARCLAYS BANK PLC, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, G▇▇▇▇▇▇ S▇▇▇▇ SACHS BANK USA, MIZUHO BANK, LTD., M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Co-Documentation Agents, and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D D-1 Revolving Note D-2 Term Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of September 20May 23, 2021 2019 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIESHCP, INC., a Maryland corporationcorporation (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, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, THE BANK OF NOVA SCOTIA, BARCLAYS BANK PLC, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK CAYMAN ISLANDS BRANCH, G▇▇▇▇▇▇▇ S▇▇▇▇ SACHS BANK USA, MIZUHO BANK, LTD., M▇▇▇▇▇▇ S▇▇▇▇▇▇▇ SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, and ROYAL BANK OF CANADA, and TRUIST BANK, as Co-Documentation Agents, and CAPITAL ONE NATIONAL BRANCH BANKING & TRUST COMPANY, PNC BANK, THE HUNTINGTON NATIONAL BANKASSOCIATION, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D Revolving [Reserved] D-1 Term A-1 Note D-2 Term A-2 Note D-3 Term A-3 Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT TERM LOAN AGREEMENT, dated as of September 20August 22, 2021 2022 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication AgentsPNC BANK, NATIONAL ASSOCIATION, THE BANK OF NOVA SCOTIA, TRUIST BANK, BARCLAYS BANK PLC, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, G▇▇▇▇▇▇ S▇▇▇▇ BANK USA, MIZUHO BANK, LTD., KEYBANK NATIONAL ASSOCIATION and M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as Co-Syndication Agents, and MIZUHO BANK, LTD, REGIONS BANK, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, JPMORGAN CHASE BANK, NA, PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, U.S. BANK NATIONAL ASSOCIATION, W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, N.A., as Co-Documentation Agents, and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D Revolving [Reserved] D-1 Term A-1 Note D-3 Term A-3 Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT TERM LOAN AGREEMENT, dated as of September 20August 22, 2021 2022 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication AgentsPNC BANK, NATIONAL ASSOCIATION, THE BANK OF NOVA SCOTIA, TRUIST BANK, BARCLAYS BANK PLC, KEYBANK NATIONAL ASSOCIATION and, M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC. and JPMORGAN CHASE BANK, N.A., as Co--Syndication Agents, and MIZUHO BANK, LTD., REGIONS BANK, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AGJPMORGAN CHASE BANK, NEW YORK BRANCHNAN.A., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, TRUIST BANK, U.S. BANK NATIONAL ASSOCIATION, W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, N.A., BARCLAYS BANK PLC, G▇▇▇▇▇▇ S▇▇▇▇ BANK USA, MIZUHO BANK, LTD., USA and M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., PNC BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA, and TRUIST BANK, as Co-Documentation Agents, and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.

Form of. A Committed Loan Notice B [Reserved] C Negotiated Rate Loan Notice D Revolving [Reserved] D-1 Term A-1 Note D-2 Term A-2 Note D-3 Term A-3 Note E Compliance Certificate F Assignment and Assumption G Sustainability Metric Annual Certificate This SECOND AMENDED AND RESTATED CREDIT TERM LOAN AGREEMENT, dated as of September 20August 22, 2021 2022 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among HEALTHPEAK OP, LLC, a Maryland limited liability company, HEALTHPEAK PROPERTIES, INC., a Maryland corporation, the lending institutions party hereto from time to time (each, a “Lender” and collectively, the “Lenders”), BANK OF AMERICA, N.A., as Administrative Agent, L/C Issuer and Alternative Currency Fronting Lender, JPMORGAN CHASE BANK, N.A. and W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication AgentsPNC BANK, NATIONAL ASSOCIATION, THE BANK OF NOVA SCOTIA, and TRUIST BANK, BARCLAYS BANK PLC, CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, CREDIT SUISSE AG, NEW YORK BRANCH, G▇▇▇▇▇▇ S▇▇▇▇ BANK USA, MIZUHO BANK, LTD., KEYBANK NATIONAL ASSOCIATION and M▇▇▇▇▇ S▇▇▇▇▇▇ SENIOR FUNDING, INC., as Co-Syndication Agents, and MIZUHO BANK, LTD, REGIONS BANK AND TORONTO-DOMINION BANK, , CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, JPMORGAN CHASE BANK, NA,PNC BANK, NATIONAL ASSOCIATION, ,ROYAL BANK OF CANADA, and TRUIST BANK, U.S. BANK NATIONAL ASSOCIATION,W▇▇▇▇ FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, N.A., as Co-Documentation Agents, and CAPITAL ONE NATIONAL BANK, THE HUNTINGTON NATIONAL BANK, REGIONS BANK, SUMITOMO MITSUI BANKING CORPORATION, TD BANK, N.A., and U.S. BANK NATIONAL ASSOCIATION, as Senior Managing Agents.