Cole Credit Property Trust II Inc Sample Contracts

CREDIT AGREEMENT
Credit Agreement • August 14th, 2008 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • New York

This CREDIT AGREEMENT (“Agreement”) is entered into as of May 23, 2008,among Cole Operating Partnership II, LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and Bank of America, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.

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THOMPSON-ALPHARETTA, LTD., AS SELLER AND SERIES C, LLC, AS BUYER
Purchase Agreement • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Georgia
INDEMNIFICATION AGREEMENT
Indemnification Agreement • August 3rd, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the ______ day of ____________, 20 ____, by and between Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and ___________ (“Indemnitee”).

PROMISSORY NOTE
Cole Credit Property Trust II Inc • March 23rd, 2006 • Operators of nonresidential buildings
EXHIBIT 10.3 AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP
Cole Credit Property Trust II Inc • September 23rd, 2005 • Operators of nonresidential buildings • Delaware
AND
Purchase Agreement • November 14th, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Missouri
MERS MIN: 8000101-0000002626-9 PROMISSORY NOTE
Cole Credit Property Trust II Inc • March 23rd, 2006 • Operators of nonresidential buildings
EXHIBIT 10.58 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
Purchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Ohio
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 17, 2010 among COLE OPERATING PARTNERSHIP II, LP, as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, JP MORGAN CHASE BANK, N.A., as Syndication...
Credit Agreement • March 31st, 2011 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • New York

Initially, the Applicable Rate shall be determined based upon the Leverage Ratio specified in the certificate delivered pursuant to Section 4.01(a)(viii). Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level V shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).

FORM OF INDEMNIFICATION AGREEMENT
Form of Indemnification Agreement • July 18th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 20 , by and between Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).

LOAN AGREEMENT Dated as of January 18, 2007 Between COLE AS KATY TX, LP, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as Lender
Loan Agreement • March 20th, 2007 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings

THIS LOAN AGREEMENT, dated as of January 18, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”) and COLE AS KATY TX, LP, a Delaware limited partnership, having its principal place of business at 2555 E. Camelback Road, Ste. 400, Phoenix, Arizona 85016 (“Borrower”).

Forward Confirmation
Spirit Realty Capital, Inc. • January 19th, 2022 • Operators of nonresidential buildings • New York

The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Morgan Stanley & Co. LLC (“Dealer”) and Spirit Realty Capital, Inc. (the “Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA 2002 Master Agreement specified below.

AMENDED AND RESTATED TERM LOAN AGREEMENT
Term Loan Agreement • January 24th, 2024 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • California

THIS AMENDED AND RESTATED TERM LOAN AGREEMENT (this “Agreement”) dated as of January 22, 2024 by and among REALTY INCOME CORPORATION, a corporation formed under the laws of the State of Maryland (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF CANADA, as Joint Bookrunners, WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF CANADA, as Joint Lead Arrangers (the “Joint Lead Arrangers”), JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., TRUIST BANK, BANK OF AMERICA, N.A., THE BANK OF NOVA SCOTIA and ROYAL BANK OF C

CREDIT AGREEMENT Dated as of March 31, 2015 by and among
Credit Agreement • April 2nd, 2015 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS CREDIT AGREEMENT (this “Agreement”), dated as of March 31, 2015, is by and among SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (together with its successors or assigns, the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, and DEUTSCHE BANK SECURITIES INC., as Joint Lead Arrangers (collectively, the “Arrangers”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., JP MORGAN CHASE BANK, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK, as Documentation Agents (collectively, the “Documentation Agents”).

SPIRIT REALTY CAPITAL, INC. EMPLOYMENT AGREEMENT
Employment Agreement • June 6th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Arizona

This EMPLOYMENT AGREEMENT (this Agreement”), dated as of June 3, 2016, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Boyd Messmann (the “Employee”).

TRADEWIND ASSOCIATES, L.P., AS SELLER AND SERIES A, LLC, AS BUYER
Purchase Agreement and Escrow Instructions • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
BETWEEN
Purchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Alabama
AMENDED AND RESTATED TERM LOAN AGREEMENT
Term Loan Agreement • January 24th, 2024 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • California

THIS AMENDED AND RESTATED TERM LOAN AGREEMENT (this “Agreement”) dated as of January 22, 2024 by and among REALTY INCOME CORPORATION, a corporation formed under the laws of the State of Maryland (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS BANK, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Joint Bookrunners, WELLS FARGO SECURITIES, LLC, JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS CAPITAL MARKETS, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Joint Lead Arrangers (the “Joint Lead Arrangers”), JPMORGAN CHASE BANK, N.A., TD BANK, N.A., MIZUHO BANK, LTD., REGIONS BANK, TRUIST BANK and THE HUNTINGTON NATIONAL BANK, as Syndication Agents (the “Syndication Agents”), and BANK O

ARTICLE I DEFINITIONS
Form of Advisory Agreement • June 2nd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
Exhibit 1.1 COLE CREDIT PROPERTY TRUST II, INC. Up to 50,000,000 Shares of Common Stock FORM OF DEALER MANAGER AGREEMENT
Selected Investment Advisor Agreement • August 12th, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Arizona
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UNDERWRITING AGREEMENT
Underwriting Agreement • April 15th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and Spirit Realty, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its respective agreements with Morgan Stanley & Co. LLC (“Morgan Stanley”), Merrill Lynch, Pierce, Fenner & Smith Incorporated, J.P. Morgan Securities LLC and Deutsche Bank Securities Inc. as representatives (the “Representatives”) of the several underwriters named in Schedule I hereto (the “Underwriters”) with respect to the proposed issuance and sale of 30,000,000 shares of the Company’s common stock, $0.01 par value per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 4,500,000 shares of its common stock, $0.01 par value per share (the “Additional Shares”), if and to the extent that you, as Representatives of the Underwriters shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock

AGREEMENT OF LIMITED PARTNERSHIP OF SPIRIT REALTY, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”),OR THE SECURITIES LAWS OF ANY STATE AND...
Spirit Realty Capital, Inc. • November 5th, 2014 • Operators of nonresidential buildings • Delaware

THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SPIRIT REALTY, L.P., dated as of September ___, 2014, is made and entered into by and among Spirit General OP Holdings, LLC, a Delaware limited liability company, as the General Partner, Spirit Realty Capital, Inc., a Maryland corporation, as the Special Limited Partner, and the Persons whose names are set forth on Exhibit A attached hereto, as Limited Partners, and any Additional Limited Partner that is admitted from time to time to the Partnership and listed on Exhibit A attached hereto.

EXHIBIT 10.19 ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE
Assignment of Agreement of Purchase and Sale • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings

ASSIGNOR, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby assign all of its right, title and interest in that certain Agreement of Purchase and Sale described herein, but only as it relates to the purchase of the real property described below, to ASSIGNEE and its successors and assigns. The Agreement of Purchase and Sale is described as follows:

AND SERIES C, LLC, AS BUYER
Assignment of Purchase and Sale Agreement • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings
SPIRIT REALTY CAPITAL, INC. EMPLOYMENT AGREEMENT
Employment Agreement • January 25th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Texas

This EMPLOYMENT AGREEMENT (this “Agreement”), dated as of January 24, 2022, is entered into by and between Spirit Realty Capital, Inc., a Maryland corporation (including any successors and/or assigns, the “Company”) and Rochelle Thomas (the “Employee”).

EXHIBIT 10.21 ASSIGNMENT OF PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
Purchase Agreement • December 23rd, 2005 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Alabama
GUARANTY
Guaranty • November 17th, 2022 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS GUARANTY dated as of November 17, 2022 (this “Guaranty”) executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (subject to Section 33(b) hereunder, all of the undersigned, together with such other Persons each a “Guarantor” and collectively, the “Guarantors”) in favor of JPMORGAN CHASE BANK, N.A., in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders under that certain Term Loan Agreement dated as of the date hereof, by and among Spirit Realty, L.P., a Delaware limited partnership (the “Borrower”), the financial institutions party thereto and their permitted assignees under Section 13.5 thereof (the “Lenders”), the Administrative Agent, and the other parties thereto (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), for its benefit and the benefit of the Lend

BETWEEN
Purchase Agreement • March 23rd, 2006 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Maine
SPIRIT REALTY, L.P., SPIRIT REALTY CAPITAL, INC., AS GUARANTOR, AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE SIXTH SUPPLEMENTAL INDENTURE DATED AS OF MARCH 3, 2021 TO INDENTURE DATED AUGUST 18, 2016 OF 2.100% SENIOR NOTES DUE 2028
Supplemental Indenture • March 3rd, 2021 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”) is entered into as of March 3, 2021 among Spirit Realty, L.P., a Delaware limited partnership (the “Company”), Spirit Realty Capital, Inc., a Maryland corporation, as guarantor (the “Guarantor”), and U.S. Bank National Association, as trustee (the “Trustee”).

SECOND AMENDED AND RESTATED MASTER INDENTURE DATED AS OF MAY 20, 2014 BETWEEN SPIRIT MASTER FUNDING, LLC, AS AN ISSUER, SPIRIT MASTER FUNDING II, LLC, AS AN ISSUER, SPIRIT MASTER FUNDING III, LLC, AS AN ISSUER, AND
Master Indenture • May 21st, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

SECOND AMENDED AND RESTATED MASTER INDENTURE, dated as of May 20, 2014, among Spirit Master Funding, LLC (an “Issuer”), Spirit Master Funding II, LLC (an “Issuer”), Spirit Master Funding III, LLC (an “Issuer” and, together with Spirit Master Funding, LLC and Spirit Master Funding II, LLC, the “Issuers”), and Citibank, N.A., a national banking association, not in its individual capacity, but solely as Indenture Trustee (the “Indenture Trustee”) under this Indenture.

CREDIT AGREEMENT Dated as of March 31, 2015 among
Credit Agreement • February 26th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

THIS CREDIT AGREEMENT (this “Agreement”), dated as of March 31, 2015, is by and among SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (together with its successors or assigns, the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, and DEUTSCHE BANK SECURITIES INC., as Joint Lead Arrangers (collectively, the “Arrangers”), DEUTSCHE BANK SECURITIES INC., as Syndication Agent (the “Syndication Agent”), and BANK OF AMERICA, N.A., JP MORGAN CHASE BANK, N.A., ROYAL BANK OF CANADA and SUNTRUST BANK, as Documentation Agents (collectively, the “Documentation Agents”).

VOTING AGREEMENT
Voting Agreement • January 24th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings • Maryland

This Voting Agreement (this “Agreement”) is made and entered into as of January 22, 2013, by and among Cole Credit Property Trust II, Inc., a Maryland corporation (“Cole”), Cole Operating Partnership II, LP, a Delaware limited partnership (“Cole Operating Partnership”, and together with Cole, the “Cole Parties”), and the undersigned stockholder (the “Stockholder”) of Spirit Realty Capital, Inc., a Maryland corporation (“Spirit”).

U.S. $400,000,000 CREDIT AGREEMENT dated as of July 17, 2013 among SPIRIT REALTY, L.P., as the Borrower, VARIOUS FINANCIAL INSTITUTIONS, as the Lenders, DEUTSCHE BANK AG NEW YORK BRANCH, as the Lead Arranger and Administrative Agent, BANK OF AMERICA,...
Credit Agreement • July 18th, 2013 • Cole Credit Property Trust II Inc • Operators of nonresidential buildings

THIS CREDIT AGREEMENT, dated as of July 17, 2013, is by and among SPIRIT REALTY, L.P., a Delaware limited partnership (the “Borrower”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as the administrative agent (in such capacity, the “Administrative Agent”) and the various financial institutions as are or may become parties hereto (together with DBNY, collectively the “Lenders” and individually, a “Lender”).

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