Common use of Modifications, etc Clause in Contracts

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person shall take or fail to take in connection with the Security Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other person. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Documents and the Leases, and any and all references herein to the Security Documents, Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor Borrower hereby consents and agrees that Agent or any other person Lender may at any time time, and from time to time, without notice to or further consent from AssignorBorrower, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured ObligationsIndebtedness; substitute for any collateral so held by it, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement Note or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Loan Documents”); extend or renew the Note, the Credit Agreement Note or any of the other Security Documents or Hedge Loan Documents for any period; grant releases, compromises and indulgences with respect to the Note, Note or the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Loan Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Security Instrument, the Credit Loan Agreement, the Guaranty, or any other Security Documents or Hedge DocumentsLoan Document; or take or fail to take any action of any type whatsoever; , and no such action which Agent or any other person Lender shall take or fail to take in connection with the Security Documents or Hedge Loan Documents, or any of them, or any security for the payment of the Secured Obligations Indebtedness or for the performance of any obligations or undertakings of AssignorBorrower, nor any course of dealing with Assignor Borrower or any other person, shall release AssignorBorrower’s obligations hereunder, affect this Assignment in any way or afford Assignor Borrower any recourse against Agent or any other personLender. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Loan Documents and the Leases, and any and all references herein to the Security Documents, Hedge Loan Documents or the Leases shall be deemed to include any such renewalsrenewal, amendments, extensionsextension, consolidations consolidation or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Assignee may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement Notes or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Loan Documents”); extend or renew the Note, the Credit Agreement Notes or any of the other Security Documents or Hedge Loan Documents for any period; grant releases, compromises and indulgences with respect to the Note, Notes or the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Loan Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the NoteNotes, the InstrumentSecurity Deed, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge Loan Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Assignee shall take or fail to take in connection with the Security Documents or Hedge Loan Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s 's obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personAssignee. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Loan Documents and the Leases, and any and all references herein to the Security Documents, Hedge Loan Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Lender may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it Lender or by any person, firm or corporation on its Lender’s behalf or for its account, securing the Secured ObligationsIndebtedness, the STAG IV Indebtedness and/or the STAG V Indebtedness; substitute for any collateral so held by itLender, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement or Loan Agreement, the Notes, the Portfolio Mortgages, any of the other Security Loan Documents, any of the STAG IV Loan Documents or agreements evidencing or relating to and/or any of the Hedge Obligations (the “Hedge STAG V Loan Documents”); extend or renew the NoteLoan Agreement, the Credit Agreement or Notes, the Portfolio Mortgages, any of the other Security Loan Documents, any of the STAG IV Loan Documents or Hedge and/or any of the STAG V Loan Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Loan Agreement, the Guaranty or Notes, the Portfolio Mortgages, any of the other Security Documents or Hedge Documents for any period; grant releasesLoan Documents, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security STAG IV Loan Documents or Hedge and/or any of the STAG V Loan Documents to any persons person or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Loan Agreement, the GuarantyNotes, or the Portfolio Mortgages, any of the other Security Loan Documents, any of the STAG IV Loan Documents or Hedge and/or any of the STAG V Loan Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Lender shall take or fail to take in connection with the Security Documents or Hedge Loan Documents, the STAG IV Loan Documents, the STAG V Loan Documents or any of them, or any security for the payment of the Secured Obligations Indebtedness, the STAG IV Indebtedness and/or the STAG V Indebtedness or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent Lender, other than for Lender’s gross negligence or any other personwillful misconduct. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Loan Documents, Hedge the STAG IV Loan Documents and/or the STAG V Loan Documents and the Leases, and any and all references herein to the Security Loan Documents, Hedge the STAG IV Loan Documents, the STAG V Loan Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or Agreement, any of the other Security Loan Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement Agreement, any of the other Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Notes, the Credit Agreement, or any of the other Security Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Loan Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any co-borrower, guarantor or endorser of the Note, the Security Instrument, the Credit Agreement, the Guaranty, or any other Security Loan Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Person shall take or fail to take in connection with the Security Loan Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personPerson. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Loan Documents or Hedge Documents and the Leases, and any and all references herein to the Security Documents, Loan Documents or Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property. Assignor has executed this instrument as of the day and year first above written. ASSIGNOR: RHINO EQUITY LLC, a Delaware limited liability company By: Safari Ventures LLC, a Delaware limited liability company its Managing Member By: Name: Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was acknowledged before me this day of , 2007 by as Manager of Safari Ventures LLC, a Delaware limited liability company, on behalf of Rhino Equity LLC, a Delaware limited liability company. My commission expires: [Notarial Seal] Notary Public Assignor has executed this instrument as of the day and year first above written. ASSIGNOR: QUILL EQUITY LLC, a Delaware limited liability company By: Safari Ventures LLC, a Delaware limited liability company its Managing Member By: Name: Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was acknowledged before me this day of , 2007 by as Manager of Safari Ventures LLC, a Delaware limited liability company, on behalf of Quill Equity LLC, a Delaware limited liability company. My commission expires: [Notarial Seal] Notary Public Assignor has executed this instrument as of the day and year first above written. ASSIGNOR: LEMUR PROPERTIES LLC, a Delaware limited liability company By: Safari Ventures LLC, a Delaware limited liability company its Managing Member By: Name: Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was acknowledged before me this day of , 2007 by as Manager of Safari Ventures LLC, a Delaware limited liability company, on behalf of Lemur Properties LLC, a Delaware limited liability company. My commission expires: [Notarial Seal] Notary Public Assignor has executed this instrument as of the day and year first above written. ASSIGNOR: PORPOISE VENTURES LLC, a Delaware limited liability company By: Safari Ventures LLC, a Delaware limited liability company its Managing Member By: Name: Title: Manager COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was acknowledged before me this day of , 2007 by as Manager of Safari Ventures LLC, a Delaware limited liability company, on behalf of Porpoise Ventures LLC, a Delaware limited liability company. My commission expires: [Notarial Seal] Notary Public

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Lender may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it Lender or by any person, firm or corporation on its Lender’s behalf or for its account, securing the Secured ObligationsIndebtedness and/or the STAG IV Indebtedness; substitute for any collateral so held by itLender, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement Loan Agreement, the Notes, the Portfolio Mortgages or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Loan Documents”); extend or renew the NoteLoan Agreement, the Credit Agreement or Notes, the Portfolio Mortgages, any of the other Security Loan Documents or Hedge the STAG IV Loan Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Loan Agreement, the Guaranty or Notes, the Portfolio Mortgages, any of the other Security Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge STAG IV Loan Documents to any persons person or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Loan Agreement, the GuarantyNotes, or the Portfolio Mortgages, any of the other Security Loan Documents or Hedge the STAG IV Loan Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Lender shall take or fail to take in connection with the Security Loan Documents or Hedge the STAG IV Loan Documents, or any of them, or any security for the payment of the Secured Obligations Indebtedness and/or the STAG IV Indebtedness or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent Lender, other than for Lender’s gross negligence or any other personwillful misconduct. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Loan Documents and/or the STAG IV Loan Documents and the Leases, and any and all references herein to the Security Loan Documents, Hedge the STAG IV Loan Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor Borrower acknowledges that this Assignment is absolute and agrees that no modification or surrender of any security arrangements, security interests, or collateral pledges shall affect the validity of this Assignment. Borrower hereby consents and agrees that Agent or any other person Bank may at any time time, and from time to time, without notice to or further consent from AssignorBorrower, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm firm, or corporation on its behalf or for its account, securing the Secured Obligationsindebtedness secured by the Letter of Credit Documents; substitute for any collateral so held by it, other collateral of like kind; agree to modification , or of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”)kind; extend or renew the Note, the Letter of Credit Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises compromises, and indulgences with respect to the Note, the Credit Agreement, the Guaranty Mortgage or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents this Assignment to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, Reimbursement Agreement or any other Security Documents or Hedge of the Letter of Credit Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Bank shall take or fail to take in connection with the Security Documents or Hedge Letter of Credit Documents, or any of them, or any security for the payment of any obligation arising under the Secured Obligations Reimbursement Agreement or secured by any of the Letter of Credit Documents or for the performance of any obligations or undertakings of AssignorBorrower, nor any course of dealing with Assignor Borrower or any other person, shall release Assignor’s Borrower's obligations hereunder, affect this Assignment in any way way, or afford Assignor Borrower any recourse against Agent or any other personBank. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations consolidations, and modifications of the Security Documents, Hedge Letter of Credit Documents and the Leases, and any and all references herein to the Security Documents, Hedge Letter of Credit Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations consolidations, or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person shall take or fail to take in connection with the Security Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personAgent. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Documents and the Leases, and any and all references herein to the Security Documents, Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property. Assignor has executed this instrument as of the day and year first above written. ASSIGNOR: BEHRINGER HARVARD CENTREPORT OFFICE LP, a Texas limited partnership By: Behringer Harvard Centreport Office GP, LLC, a Delaware limited liability company, its general partner By: Name: Xxxxx X. Xxxxxxx Title: Chief Operating and Financial Officer ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on , 2011, by Xxxxx X. Xxxxxxx, as Chief Operating and Financial Officer of Behringer Harvard Centreport Office GP, LLC, a Delaware limited liability company, which is the general partner of BEHRINGER HARVARD CENTREPORT OFFICE LP, a Texas limited partnership, on behalf of said limited partnership.

Modifications, etc. Assignor hereby consents The obligations, covenants, agreements and agrees that Agent duties of the Dollar Borrowers under this Article shall in no way be affected or any other person may at any time and impaired by reason of the happening from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security time of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences following with respect to the NoteCredit Documents, without the necessity of any notice to, or further consent of, the Credit AgreementDollar Borrowers, to the Guaranty fullest extent permitted by applicable law: (a) the release or any waiver, by operation of law or otherwise, of the other Security Documents performance or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, observance by DSL or any other Security Documents co-guarantor, surety, endorser or Hedge Documents; or take or fail to take any action other obligor of any type whatsoeverexpress or implied agreement, covenant, term or condition in any Credit Document to be performed or observed by such party; and no such action which Agent or any other person shall take or fail to take in connection with (b) the Security Documents or Hedge Documents, or any extension of them, or any security the time for the payment of all or any portion of the Secured Pound Obligations or the extension of time for the performance of any other obligations of DSL under, arising out of, or undertakings in connection with the Credit Documents; (c) the supplementing, modification or amendment (whether material or otherwise) of Assignor, nor any course of dealing the Credit Documents (with Assignor respect to the obligations of DSL) or any of the obligations of DSL or any other personsurety or co-guarantor for DSL set forth in the Credit Documents; (d) any failure, shall release Assignor’s obligations hereunderomission, affect this Assignment in any way delay or afford Assignor any recourse against Agent lack of diligence on the part of the Lender or any other person. The provisions of this Assignment shall extend and be applicable Person, to all renewalsenforce, amendmentsassert or exercise any right, extensionsprivilege, consolidations and modifications power or remedy conferred on the Lender or any other Person in any of the Security Credit Documents, Hedge or any action on the part of the Lender or such other Person granting indulgence or extension of any kind; (e) the release of any Lien or the release, modification, waiver or failure to enforce any Lien, insurance agreement, bond or other guaranty, surety or indemnity agreement whatsoever; (f) the release, modification, waiver or failure to enforce any right, benefit, privilege or interest under any contract or agreement, under which the rights of DSL under the Credit Documents and the Leasesor any other obligor have been collateral or absolutely assigned, and any and all references herein or a Lien which has been granted, to the Security Lender as direct or indirect security for payment of all or any part of the Pound Obligations or performance of any obligations of DSL under the Credit Documents; (g) the voluntary or involuntary liquidation, dissolution, sale of any collateral, marshaling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of debt of, or other similar proceedings affecting, DSL under the Credit Documents, Hedge or any other surety or co-guarantor for DSL under the Credit Documents or any of the Leases shall be deemed Property of DSL or of any other surety or co-guarantor for DSL under the Credit Documents; (h) any invalidity of or defect or deficiency in any of the Credit Documents or failure to include acquire, perfect or maintain perfection of any such renewalsLien securing payment of the Pound Obligations, amendmentsor any portion thereof, extensionsor performance of DSL's or any other Person's obligations under the Credit Documents, consolidations or modifications thereof(i) the settlement or compromise of all or any part of Pound Obligations.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement or any of the other Security Documents for any period; grant releases, compromises and indulgences with respect to the Notes, the Credit Agreement, the Guaranty or Hedge any of the other Security Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Security Instrument, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person shall take or fail to take in connection with the Security Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personAgent. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Documents and the Leases, and any and all references herein to the Security Documents, Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend or renew the Note, the Credit Agreement or any of the other Security Documents for any period; grant releases, compromises and indulgences with respect to the Notes, the Credit Agreement, the Guaranty or Hedge any of the other Security Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person shall take or fail to take in connection with the Security Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personAgent. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Documents and the Leases, and any and all references herein to the Security Documents, Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured ObligationsDebt; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Loan Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend extend, renew or renew increase the Note, the Credit Agreement or any of the other Security Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Notes, the Credit Agreement or any of the other Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Loan Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any co-borrower, guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, or any other Security Loan Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Person shall take or fail to take in connection with the Security Loan Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations Debt or for the performance of any obligations or undertakings of AssignorAssignor or Borrower or any other Person, nor any course of dealing with Assignor Assignor, Borrower or any other personPerson, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personPerson. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations consolidations, increases and modifications of the Security Loan Documents, the Hedge Documents and the Leases, and any and all references herein to the Security Loan Documents, the Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations consolidations, increases or modifications thereof.. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property. Assignor has executed this instrument under seal as of the day and year first above written. ASSIGNOR: Signed, sealed and delivered , in the presence of: a By: Name: Title: Unofficial Witness (SEAL) Notary Public Commission Expiration Date: [NOTARIAL SEAL] EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT L-1

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Lender may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it Lender or by any person, firm or corporation on its Lender’s behalf or for its account, securing the Secured ObligationsIndebtedness; substitute for any collateral so held by itLender, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement Loan Agreement, the Notes, the Portfolio Mortgages or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Loan Documents”); extend or renew the NoteLoan Agreement, the Credit Agreement Notes, the Portfolio Mortgages or any of the other Security Documents or Hedge Loan Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Loan Agreement, the Guaranty Notes, the Portfolio Mortgages or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Loan Documents to any persons person or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the Note, the Instrument, the Credit Loan Agreement, the GuarantyNotes, the Portfolio Mortgages or any of the other Security Documents or Hedge Loan Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Lender shall take or fail to take in connection with the Security Documents or Hedge Loan Documents, or any of them, or any security for the payment of the Secured Obligations Indebtedness or for the performance of any obligations or undertakings of Assignor, nor any course of dealing with Assignor or any other person, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent Lender, other than for Lender’s gross negligence or any other personwillful misconduct. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Loan Documents and the Leases, and any and all references herein to the Security Loan Documents, Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor Borrower hereby consents and agrees that Agent or any other person Assignee may at any time and from time to time, without notice to or further consent from AssignorBorrower, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured Obligations; substitute for any collateral so held by it, other collateral of like kind, or of any kind; agree to modification of the terms of the Credit Agreement Notes or any of the other Security Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”)Lender Agreements; extend or renew the Note, the Credit Agreement Notes or any of the other Security Documents or Hedge Documents Lender Agreements for any period; grant releases, compromises and indulgences with respect to the Note, Notes or the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Documents or Hedge Documents Lender Agreements to any persons or entities now or hereafter liable thereunder or hereunder; release any guarantor or endorser of the NoteNotes, the InstrumentMortgage, the Credit Agreement, the Guaranty, or any other Security Documents or Hedge DocumentsLender Agreements; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Assignee shall take or fail to take in connection with the Security Documents or Hedge DocumentsLender Agreements, or any of them, or any security for the payment of the Secured Obligations or for the performance of any obligations or undertakings of AssignorBorrower, nor any course of dealing with Assignor Borrower or any other person, shall release Assignor’s Borrower's obligations hereunder, affect this Assignment in any way or afford Assignor Borrower any recourse against Agent or any other personAssignee. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations and modifications of the Security Documents, Hedge Documents Lender Agreements and the Leases, and any and all references herein to the Security Documents, Hedge Documents Lender Agreements or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations or modifications thereof.

Modifications, etc. Assignor hereby consents and agrees that Agent or any other person Person may at any time and from time to time, without notice to or further consent from Assignor, either with or without consideration, surrender any property or other security of any kind or nature whatsoever held by it or by any person, firm or corporation on its behalf or for its account, securing the Secured ObligationsDebt; substitute for any collateral so held by it, other collateral of like kind; agree to modification of the terms of the Credit Agreement or any of the other Security Loan Documents or agreements evidencing or relating to the Hedge Obligations (the “Hedge Documents”); extend extend, renew or renew increase the Note, the Credit Agreement or any of the other Security Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Notes, the Credit Agreement or any of the other Loan Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty Agreement or any of the other Security Documents or Hedge Documents for any period; grant releases, compromises and indulgences with respect to the Note, the Credit Agreement, the Guaranty or any of the other Security Loan Documents or Hedge Documents to any persons or entities now or hereafter liable thereunder or hereunder; release any co-borrower, guarantor or endorser of the Note, the Instrument, the Credit Agreement, the Guaranty, or any other Security Loan Documents or Hedge Documents; or take or fail to take any action of any type whatsoever; and no such action which Agent or any other person Person shall take or fail to take in connection with the Security Loan Documents or Hedge Documents, or any of them, or any security for the payment of the Secured Obligations Debt or for the performance of any obligations or undertakings of AssignorAssignor or Borrower or any other Person, nor any course of dealing with Assignor Assignor, Borrower or any other personPerson, shall release Assignor’s obligations hereunder, affect this Assignment in any way or afford Assignor any recourse against Agent or any other personPerson. The provisions of this Assignment shall extend and be applicable to all renewals, amendments, extensions, consolidations consolidations, increases and modifications of the Security Loan Documents, the Hedge Documents and the Leases, and any and all references herein to the Security Loan Documents, the Hedge Documents or the Leases shall be deemed to include any such renewals, amendments, extensions, consolidations consolidations, increases or modifications thereof. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property. Assignor has executed this instrument under seal as of the day and year first above written. ASSIGNOR: Signed, sealed and delivered in the presence of: ________________________________________, a ______________________________ By: Name: Unofficial Witness Title: (SEAL) Notary Public Commission Expiration Date: [NOTARIAL SEAL] EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT L-1 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) Reference is made to that certain First Amended and Restated Credit Agreement dated as of December 28, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among Jxxxxxxx Capital Operating Company, LLC (the “Borrower”), the financial institutions party thereto and their assignees under §18.1 thereof (the “Lenders”), KeyBank National Association, as Agent (the “Agent”) and the other parties thereto. Pursuant to the provisions of §4.3 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN or W-8BEN-E. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF LENDER] By: Name: Title: Date: ________ __, 20__ XXXXXXX X-0 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) Reference is made to that certain First Amended and Restated Credit Agreement dated as of December 28, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among Jxxxxxxx Capital Operating Company, LLC (the “Borrower”), the financial institutions party thereto and their assignees under §18.1 thereof (the “Lenders”), KeyBank National Association, as Agent (the “Agent”) and the other parties thereto. Pursuant to the provisions of §4.3 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the participation in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code, and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished its participating Lender with a certificate of its non-U.S. Person status on IRS Form W-8BEN or W-8BEN-E. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender in writing, and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF PARTICIPANT] By: Name: Title: Date: ________ __, 20__ XXXXXXX X-0 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) Reference is made to that certain First Amended and Restated Credit Agreement dated as of December 28, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among Jxxxxxxx Capital Operating Company, LLC (the “Borrower”), the financial institutions party thereto and their assignees under §18.1 thereof (the “Lenders”), KeyBank National Association, as Agent (the “Agent”) and the other parties thereto. Pursuant to the provisions of §4.3 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the participation in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such participation, (iii) with respect such participation, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished its participating Lender with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or W-8BEN-E or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BEN or W-8BEN-E from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF PARTICIPANT] By: Name: Title: Date: ________ __, 20__ XXXXXXX X-0 FORM OF U.S. TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) Reference is made to that certain First Amended and Restated Credit Agreement dated as of December 28, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”) by and among Jxxxxxxx Capital Operating Company, LLC (the “Borrower”), the financial institutions party thereto and their assignees under §18.1 thereof (the “Lenders”), KeyBank National Association, as Agent (the “Agent”) and the other parties thereto. Pursuant to the provisions of §4.3 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such Loan(s) (as well as any Note(s) evidencing such Loan(s)), (iii) with respect to the extension of credit pursuant to this Credit Agreement or any other Loan Document, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Agent and the Borrower with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or W-8BEN-E or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BEN or W-8BEN-E from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF LENDER] By: Name: Title: Date: ________ __, 20__ EXHIBIT M FORM OF ASSIGNMENT OF HEDGE AGREEMENT THIS ASSIGNMENT OF HEDGE AGREEMENT (this “Assignment”), made as of the ______ day of __________________, 201_, by JXXXXXXX CAPITAL OPERATING COMPANY, LLC, a Delaware limited liability company (the “Assignor”), to KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), as Agent for itself and each other lender (collectively, the “Lenders”) which is or may hereafter become a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”).