INDEMNIFICATION AGREEMENTIndemnification Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of March , 2014 between FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (the “Company”), and [NAME] (“Indemnitee”). All terms capitalized but not defined herein shall have the meaning as set forth in Section 13 hereof.
CREDIT AGREEMENT DATED AS OF JANUARY 29, 2016 by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., AS THE BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME...Credit Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS CREDIT AGREEMENT (this “Agreement”) is made as of January 29, 2016, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto as “Lenders” pursuant to §18, KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”), and KEYBANC CAPITAL MARKETS INC., as Lead Arranger (the “Arranger”).
CREDIT AGREEMENT Dated as of [_______________], 2022 by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., as Borrower, FOUR SPRINGS CAPITAL TRUST, as Parent THE FINANCIAL INSTITUTIONS PARTY HERETO AND THEIR ASSIGNEES UNDER SECTION...Credit Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts • New York
THIS CREDIT AGREEMENT (this “Agreement”) dated as of [____________], 2022 by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (the “Parent”), 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 (the “Administrative Agent”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • New Jersey
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”), effective as of May 19, 2017 (the “Effective Date”), by and between Four Springs Capital Trust (the “Company”) and Coby R. Johnson (the “Executive”).
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEFour Springs Capital Trust • June 19th, 2017 • Real estate investment trusts • New York
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (“REIT”), the other “Subsidiary Guarantors” (as defined in the Credit Agreement) that are a party hereto and the Additional Guarantors which may hereafter become a party hereto, if any (hereinafter referred to individually as a “Subsidiary Guarantor” and collectively, as “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by Guarantors, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Credit Agreement” (as hereinaft
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JUNE , 2017 by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., AS THE BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS...Credit Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is made as of June , 2017, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto as “Lenders” pursuant to §18, and KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”).
FOUR SPRINGS CAPITAL TRUST 2014 EQUITY INCENTIVE PLAN FORM OF NONQUALIFIED OPTION AGREEMENTNonqualified Option Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • Maryland
This Nonqualified Option Agreement (the “Agreement”) is between Four Springs Capital Trust, a Maryland real estate investment trust (the “Company”), and James S. Vaccaro (the “Participant”), pursuant to the Company’s 2014 Equity Incentive Plan (the “Plan”). All capitalized terms used in this Agreement shall have the meaning ascribed to such terms in the Plan unless otherwise defined herein. The Company and the Participant agree as follows:
AGREEMENT OF LIMITED PARTNERSHIP OF FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P.Four Springs Capital Trust • June 20th, 2017 • Real estate investment trusts • Delaware
Four Springs Capital Trust Operating Partnership, L.P. (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on July 10, 2012. This Agreement of Limited Partnership is hereby entered into as of the 11th day of July, 2012, by and among Four Springs Capital Trust, a Maryland trust (the “General Partner”), and the initial Limited Partners set forth on the signature pages of this Agreement.
FOUR SPRINGS CAPITAL TRUST 2014 EQUITY INCENTIVE PLAN FORM OF NONQUALIFIED OPTION AGREEMENTNonqualified Option Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • Maryland
This Nonqualified Option Agreement (the “Agreement”) is between Four Springs Capital Trust, a Maryland real estate investment trust (the “Company”), and Stephen R. Petersen (the “Participant”), pursuant to the Company’s 2014 Equity Incentive Plan (the “Plan”). All capitalized terms used in this Agreement shall have the meaning ascribed to such terms in the Plan unless otherwise defined herein. The Company and the Participant agree as follows:
THIRD AMENDED & RESTATED Agreement of Limited Partnership of Four Springs Capital Trust Operating Partnership, L.P.Four Springs Capital Trust • January 10th, 2022 • Real estate investment trusts • Delaware
Four Springs Capital Trust Operating Partnership, L.P. (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on July 10, 2012 (the “Certificate of Limited Partnership”). This Third Amended & Restated Agreement of Limited Partnership is hereby entered into as of the [DATE] day of January, 2022 (this “Agreement”), by and among Four Springs Capital Trust, a Maryland trust (the “General Partner”), and the Limited Partners set forth on the signature pages of this Agreement.
EMPLOYMENT AGREEMENTEmployment Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • New Jersey
EMPLOYMENT AGREEMENT (this “Agreement”), effective as of June 5, 2014 (the “Effective Date”), by and between Four Springs Capital Trust (the “Company”) and Robert Micera (the “Executive”).
AMENDMENT NO. 1 TO SERIES A-2 PREFERRED SHARE INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts • Maryland
THIS AMENDMENT NO. 1 TO INVESTOR RIGHTS AGREEMENT (this “Amendment”) is made as of December 20, 2021 by and among Four Springs Capital Trust, a Maryland real estate investment trust (the “Company” or the “Trust”), and the Persons listed on the Schedule of Investors attached hereto as Schedule I (collectively referred to herein as “Investors” and individually as an “Investor”). This Amendment amends that certain Investor Rights Agreement, dated as of May 3, 2021, among the Company and the Investors set forth therein (the “Investor Rights Agreement”). Unless otherwise defined in this Agreement, certain capitalized terms contained herein have the meanings set forth in the Investor Rights Agreement.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), is made as of August 4, 2016, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (“REIT”), EACH OF THE PARTIES EXECUTING BELOW AS “SUBSIDIARY GUARANTORS” (the “Subsidiary Guarantors”, and together with REIT, the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and each of the undersigned “Lenders” (KeyBank and the other Lenders are hereinafter referred to collectively as the “Lenders”).
FORM OF FOUR SPRINGS CAPITAL TRUST LTIP UNIT AWARD AGREEMENT (TIME-BASED VESTING)Ltip Unit Award Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts • Delaware
This LTIP Unit Award Agreement (“Agreement”) made as of January ___, 2022 (the “Award Date”) between Four Springs Capital Trust, a Maryland real estate investment trust (the “Company”), its subsidiary, Four Springs Capital Trust Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and [ ] (the “Grantee”).
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P.Schedules and Exhibits • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • Delaware
Four Springs Capital Trust Operating Partnership, L.P. (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on July 10, 2012. An Agreement of Limited Partnership was entered into as of the 11th day of July, 2012 (the “Original Agreement”), by and among Four Springs Capital Trust, a Maryland trust (the “General Partner”), and the initial Limited Partners set forth on the signature pages of the Original Agreement.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Agreement”), effective as of April 29, 2021 (the “Effective Date”), by and between Four Springs Capital Trust (the “Company”) and Jared W. Morgan (the “Executive”).
TERM LOAN AGREEMENT DATED AS OF SEPTEMBER 28, 2016 by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., AS THE BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY...Term Loan Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS TERM LOAN AGREEMENT (this “Agreement”) is made as of September 28, 2016, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto as “Lenders” pursuant to §18, KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”), and KEYBANC CAPITAL MARKETS INC., as Lead Arranger (the “Arranger”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), is made as of March 8, 2017, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (“REIT”), EACH OF THE PARTIES EXECUTING BELOW AS “SUBSIDIARY GUARANTORS” (the “Subsidiary Guarantors”, and together with REIT, the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and each of the undersigned “Lenders” (KeyBank and the other Lenders are hereinafter referred to collectively as the “Lenders”).
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made as of March 8, 2017, by and among FOUR SPRINGS CAPITAL TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), FOUR SPRINGS CAPITAL TRUST, a Maryland real estate investment trust (“Guarantor”), and KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as the Lender (“Lender”) and in its capacity as Agent for itself and the other lending institutions which may become a party to the Loan Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”).
UNDERWRITING AGREEMENTUnderwriting Agreement • June 19th, 2017 • Four Springs Capital Trust • Real estate investment trusts • New York
AMENDMENT NO. 1 TO AMENDED AND RESTATED SERIES A-1 PREFERRED SHARE INVESTOR RIGHTS AGREEMENTRights Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts • Maryland
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Amendment”) is made as of December 20, 2021 by and among Four Springs Capital Trust, a Maryland real estate investment trust (the “Company” or the “Trust”), Goldman Sachs Asset Management, L.P. (“GSAM”) and the Persons listed on the Schedule of Investors attached hereto as Schedule I (collectively referred to herein as “Investors” and individually as an “Investor”). This Amendment amends that certain Amended and Restated Investor Rights Agreement, dated as of May 3, 2021, among the Company and the Investors set forth therein (the “Investor Rights Agreement”). Unless otherwise defined in this Agreement, certain capitalized terms contained herein have the meanings set forth in the Investor Rights Agreement.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Agreement”), effective as of April 29, 2021 (the “Effective Date”), by and between Four Springs Capital Trust (the “Company”) and John E. Warch (the “Executive”).
FORM OF FOUR SPRINGS CAPITAL TRUST LTIP UNIT AWARD AGREEMENT (PERFORMANCE-BASED VESTING)Ltip Unit Award Agreement • January 10th, 2022 • Four Springs Capital Trust • Real estate investment trusts • Delaware
This LTIP Unit Award Agreement (“Agreement”) made as of January ___, 2022 (the “Award Date”) between Four Springs Capital Trust, a Maryland real estate investment trust (the “Company”), its subsidiary, Four Springs Capital Trust Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and [ ] (the “Grantee”).
