American Finance Trust, Inc Sample Contracts

FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 2018, by and between American Finance Trust, Inc., a Maryland corporation (the “Company”), and __________ (“Indemnitee”).

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September 6, 2016
American Finance Trust, Inc • November 23rd, 2016 • Real estate investment trusts

Reference is made to the Second Amended and Restated Agreement of Limited Partnership of American Realty Capital Retail Operating Partnership, L.P. dated as of October 24, 2014, as amended by the First Amendment thereto dated as of April 15, 2015 and by the Second Amendment thereto dated as of June 30, 2015 (collectively, the “RCA Partnership Agreement”). Terms used in this letter agreement and not defined herein have the meanings given to them in the RCA Partnership Agreement.

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. Dated as of September 6, 2016
American Finance Trust, Inc • September 9th, 2016 • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. (formerly AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP V, L.P.) (this “Agreement”) is dated as of September 6, 2016, is entered into among AMERICAN FINANCE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN FINANCE ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.

AMERICAN REALTY CAPITAL TRUST V, INC. UP TO 82,736,842 SHARES OF COMMON STOCK AMENDED AND RESTATED EXCLUSIVE DEALER MANAGER AGREEMENT April 9, 2013
Exclusive Dealer Manager Agreement • May 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • New York

American Realty Capital Trust V, Inc. (the “Company”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2013, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 68,000,000 shares (the “Primary Shares”) of its common stock, $0.01 par value per share (“Common Stock”), in the primary offering (the “Primary Offering”), and (b) up to 14,736,842 shares of its Common Stock (the “DRP Shares” and, together with the Primary Shares, the “Shares”), for issuance through the Company’s distribution reinvestment plan (the “DRP” and together with the Primary Offering, the “Offering”) (subject to the right of the Company to reallocate such Shares between the Primary Shares and the DRP Shares), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined in Section 1(a)). U

AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL TRUST V, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP V, L.P., AND AMERICAN REALTY CAPITAL ADVISORS V, LLC Dated as of June 5, 2013
Advisory Agreement • July 17th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • New York

THIS AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of June 5, 2013, is entered into among American Realty Capital Trust V, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership V, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Advisors V, LLC, a Delaware limited liability company.

AMERICAN REALTY CAPITAL TRUST V, INC. FORM OF SOLICITING DEALER AGREEMENT
Soliciting Dealer Agreement • March 6th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts

Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2013 (the “Dealer Manager Agreement”), with American Realty Capital Trust V, Inc., a Maryland corporation (the “Company”) and American Realty Capital Advisors V, LLC, pursuant to which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) of (i) up to 68,000,000 shares of the Company's common stock, $0.01 par value per share (“Common Stock”) offered to the public in the primary offering (the “Primary Shares”), and (ii) up to 14,736,842 in shares of Common Stock offered pursuant to the Company's distribution reinvestment plan (the “DRP Shares” and, together with the Primary Shares, the “Shares”) commencing on the Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Shares between Primary Shares and the DRP Shares. Unt

SECOND AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL TRUST V, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP V, L.P., AND AMERICAN REALTY CAPITAL ADVISORS V, LLC Dated as of April 29, 2015
Advisory Agreement • August 11th, 2015 • American Finance Trust, Inc • Real estate investment trusts • New York

THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of April 29, 2015, is entered into among American Realty Capital Trust V, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership V, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Advisors V, LLC, a Delaware limited liability company. This Agreement shall take effect on the date (the “Effective Date”) that is the date on which sections 8.1 and 8.5 of the Company’s Articles of Amendment and Restatement dated April 3, 2013, shall no longer be in effect.

AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY Dollar General MI 5 Pack
Agreement for Purchase and Sale • August 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts

THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AR CAPITAL, LLC (“Buyer”), and Midwest V, LLC (hereinafter referred to as “Seller”).

AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • September 7th, 2016 • American Finance Trust, Inc • Real estate investment trusts • New York

This Amended and Restated Property Management and Leasing Agreement (this “Management Agreement”) is made and entered into as of September 6, 2016, by and among AMERICAN FINANCE TRUST, INC., a Maryland corporation (the “Company”), AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and AMERICAN FINANCE PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).

AMERICAN FINANCE TRUST, INC. $200,000,000 Shares of 7.375% Series C Cumulative Redeemable Perpetual Preferred Stock EQUITY DISTRIBUTION AGREEMENT
Terms Agreement • January 13th, 2021 • American Finance Trust, Inc • Real estate investment trusts • New York
FORM OF RESTRICTED SHARE AWARD AGREEMENT PURSUANT TO THE EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF AMERICAN REALTY CAPITAL TRUST V, INC.
Restricted Share Award Agreement • May 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • Maryland

THIS RESTRICTED SHARE AWARD AGREEMENT (this “Agreement”), made as __________, 201___, is by and between American Realty Capital Trust V, Inc., a Maryland corporation (the “Company”), and ___________ (the “Participant”).

FORM OF RESTRICTED STOCK AWARD AGREEMENT PURSUANT TO THE EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF AMERICAN FINANCE TRUST, INC.
Restricted Stock Award Agreement • August 11th, 2016 • American Finance Trust, Inc • Real estate investment trusts • Maryland

THIS AGREEMENT (this “Agreement”) is made as of [ ] (the “Grant Date”), by and between American Finance Trust, Inc., a Maryland corporation with its principal office at 405 Park Avenue, New York, New York 10022 (the “Company”), and [ ] (the “Participant”).

MASTER INDENTURE Dated as of May 30, 2019 among AFN ABSPROP001, LLC, as an Issuer, AFN ABSPROP001-A, LLC, as an Issuer, AFN ABSPROP001-B, LLC, as an Issuer, AFN ABSPROP002, LLC, as an Issuer, AFN ABSPROP002-A, LLC, as an Issuer, AFN ABSPROP002-B, LLC,...
Master Indenture • June 4th, 2021 • American Finance Trust, Inc • Real estate investment trusts • New York

MASTER INDENTURE, dated as of May 30, 2019 (as amended, modified or supplemented from time to time as permitted hereby, the “Indenture”), among AFN ABSPROP001, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP001”), AFN ABSPROP001-A, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP001-A”), AFN ABSPROP001-B, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP001-B” and, collectively with AFN ABSPROP001 and AFN ABSPROP001-A, the “Existing Issuers”), AFN ABSPROP002, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP002”), AFN ABSPROP002-A, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP002-A”), AFN ABSPROP002-B, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP002-B”), AFN ABSPROP002-C, LLC, a Delaware limited liability company, as an issuer (“AFN ABSPROP002-C” and, collectively with AFN ABSPROP002, AFN ABSPROP002-A, AFN ABSPROP002-B and the Existing Issuers, the “Issuer

FORM OF SUBSCRIPTION ESCROW AGREEMENT
Form of Subscription Escrow Agreement • March 6th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • New York

THIS SUBSCRIPTION ESCROW AGREEMENT dated as of , 2013 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Trust V, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).

AMENDED AND RESTATED PROPERTY MANAGEMENT AGREEMENT by and between AMERICAN FINANCE PROPERTIES, LLC and AMERICAN FINANCE TRUST, INC.
Property Management Agreement • September 7th, 2016 • American Finance Trust, Inc • Real estate investment trusts • New York
Third Amendment to Credit Agreement and Consent
Credit Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York

This Credit Agreement (this “Agreement”) is entered into as of April 26, 2018, by and among American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Citizens Bank, N.A. and, SunTrust Robinson Humphrey, Inc., and BBVA USA, as Syndication Agents, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT
Subscription Escrow Agreement • May 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • New York

THIS AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of May 7, 2013 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Trust V, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).

AMENDED AND RESTATED LEASING AGREEMENT
Leasing Agreement • September 7th, 2016 • American Finance Trust, Inc • Real estate investment trusts • New York

THIS AMENDED AND RESTATED LEASING AGREEMENT (this “Leasing Agreement”) is made as of September 6, 2016 by and between AMERICAN FINANCE TRUST, INC., a Maryland corporation (the “Company”) and AMERICAN FINANCE PROPERTIES, LLC, a Delaware limited liability company (the “Leasing Agent”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Amended and Restated Property Management Agreement, dated the date hereof, by and between the Leasing Agent and the Company (the “Property Management Agreement”).

LOAN AGREEMENT Dated as of July 24, 2020 Among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, individually and/or collectively, as the context may require, as Borrower and COLUMN FINANCIAL, INC., as Lender
Loan Agreement • July 28th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York

THIS LOAN AGREEMENT, dated as of July 24, 2020 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010 (“CF”; and together with any other Co-Lender under the Loan and each of their respective successors and/or assigns, “Lender”), and EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, each having its principal place of business at 38 Washington Square, Newport, Rhode Island 02840 (individually and/or collectively, as the context may require, together with their respective successors and/or assigns, “Borrower”).

Amended and Restated Credit Agreement Dated as of October 1, 2021 among American Finance Operating Partnership, L.P., as Borrower The Guarantors from Time to Time Party hereto, The Lenders from Time to Time Party Hereto, Capital One, National...
Credit Agreement • October 4th, 2021 • American Finance Trust, Inc • Real estate investment trusts • New York

This Amended and Restated Credit Agreement (this “Agreement”) is entered into as of October 1, 2021, by and among American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Capital One, National Association, Citizens Capital Markets, Inc., KeyBank National Association, and Truist Securities, Inc., as Co-Syndication Agents, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

RESTRICTED SHARE AWARD AGREEMENT
Restricted Share Award Agreement • February 26th, 2021 • American Finance Trust, Inc • Real estate investment trusts • Maryland

THIS RESTRICTED SHARE AWARD AGREEMENT (the “Agreement”), is made, effective as of [INSERT DATE] (hereinafter the “Grant Date”), between American Finance Trust, Inc. (the “Company”), and Katie P. Kurtz (the “Participant”).

LOAN AGREEMENT
Loan Agreement • March 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • New York
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AMERICAN FINANCE TRUST, INC. UNDERWRITING AGREEMENT 3,200,000 Shares of 7.375% Series C Cumulative Redeemable Perpetual Preferred Stock (Liquidation Preference $25.00 Per Share)
Underwriting Agreement • December 16th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York

Issuer Free Writing Prospectus, dated December 14 2020, filed with the Commission pursuant to Rule 433, substantially in the form of Schedule IV to this Agreement.

EQUITY INTEREST PURCHASE AGREEMENT by and between INLAND AMERICAN REAL ESTATE TRUST, INC.
Equity Interest Purchase Agreement • November 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts • Delaware

This EQUITY INTEREST PURCHASE AGREEMENT, dated as of August 8, 2013 (this “Agreement”), is entered into by and between INLAND AMERICAN REAL ESTATE TRUST, INC., a corporation organized and existing under the laws of the State of Maryland (“Seller”), and AR CAPITAL, LLC, a limited liability company organized and existing under the laws of the State of Delaware (“Buyer”).

THIRD AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN FINANCE TRUST, INC., AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., AND AMERICAN FINANCE ADVISORS, LLC Dated as of September 6, 2016
Advisory Agreement • September 7th, 2016 • American Finance Trust, Inc • Real estate investment trusts • New York

THIS THIRD AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of September 6, 2016, is entered into among American Finance Trust, Inc., a Maryland corporation (the “Company”), American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Finance Advisors, LLC, a Delaware limited liability company.

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • November 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts

This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Amendment”) is entered into as of the 30th day of September, 2013, by and among the entities identified on the signature pages hereof as Buyer (individually and collectively, “Buyer”) and the entities identified on the signature pages hereof as Seller (individually and collectively, “Seller”).

First Amendment to Amended and Restated Credit Agreement
Credit Agreement • May 10th, 2023 • Necessity Retail REIT, Inc. • Real estate investment trusts • New York

This Amended and Restated Credit Agreement (this “Agreement”) is entered into as of October 1, 2021, by and among The Necessity Retail REIT Operating Partnership, L.P., a Delaware limited partnership (formerly known as American Finance Operating Partnership, L.P., the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Capital One, National Association, Citizens Capital Markets, Inc., KeyBank National Association, and Truist Securities, Inc., as Co-Syndication Agents, and BMO Harris Bank N.A., as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • November 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts

This THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Amendment”) is entered into as of the 30th day of October, 2013, by and among the entities identified on the signature pages hereof as Buyer (individually and collectively, “Buyer”) and the entities identified on the signature pages hereof as Seller (individually and collectively, “Seller”).

INDENTURE Dated as of October 7, 2021 Among AMERICAN FINANCE TRUST, INC., AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. THE SUBSIDIARY GUARANTORS PARTY HERETO and U.S. BANK NATIONAL ASSOCIATION, as Trustee 4.500% SENIOR NOTES DUE 2028
Indenture • October 8th, 2021 • American Finance Trust, Inc • Real estate investment trusts • New York

This Indenture, dated as of October 7, 2021 is by and among American Finance Trust, Inc., a Maryland corporation (collectively with successors and assigns, the “Parent”), and American Finance Operating Partnership, L.P., a Delaware limited partnership, the Parent’s operating partnership subsidiary (collectively with successors and assigns, the “Opco,” and together with the Parent, the “Issuers”), the Subsidiary Guarantors party hereto and U.S. Bank National Association, as trustee (the “Trustee”), paying agent and registrar.

AGREEMENT AND PLAN OF MERGER by and among GLOBAL NET LEASE, INC. GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P. OSMOSIS SUB I, LLC OSMOSIS SUB II, LLC THE NECESSITY RETAIL REIT, INC. and THE NECESSITY RETAIL REIT OPERATING PARTNERSHIP, L.P. Dated as of...
Agreement and Plan of Merger • May 26th, 2023 • Necessity Retail REIT, Inc. • Real estate investment trusts • Delaware

THIS AGREEMENT AND PLAN OF MERGER, dated as of May 23, 2023 (this “Agreement”), is made by and among Global Net Lease, Inc., a Maryland corporation (“Parent”), Global Net Lease Operating Partnership, L.P., a Delaware limited partnership (“Parent Operating Partnership”), Osmosis Sub I, LLC, a Maryland limited liability company and a wholly owned subsidiary of Parent (“REIT Merger Sub”), Osmosis Sub II, LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent Operating Partnership (“Partnership Merger Sub”), The Necessity Retail REIT, Inc., a Maryland corporation (the “Company”), and The Necessity Retail REIT Operating Partnership, L.P., a Delaware limited partnership (“Company Operating Partnership”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto in Section 1.1.

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP
American Finance Trust, Inc • July 19th, 2018 • Real estate investment trusts • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into by AMERICAN FINANCE TRUST, INC., a Maryland corporation (in its capacity as general partner of the Partnership, together with its successors and permitted assigns that are admitted to the Partnership as a general partner of the Partnership in accordance with the terms hereof, the “General Partner”), for itself and the Limited Partners listed on Schedule A and any other limited partner or general partner that is admitted from time to time to the Partnership and listed on Schedule A attached hereto, on July 19, 2018.

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • November 14th, 2013 • American Realty Capital Trust V, Inc. • Real estate investment trusts

This SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (“Amendment”) is entered into as of the 1st day of October, 2013, by and among the entities identified on the signature pages hereof as Buyer (individually and collectively, “Buyer”) and the entities identified on the signature pages hereof as Seller (individually and collectively, “Seller”).

AMERICAN FINANCE TRUST, INC. and COMPUTERSHARE TRUST COMPANY, N.A. (Rights Agent) Rights Agreement Dated as of April 13, 2020
Rights Agreement • April 13th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York

This Rights Agreement (this “Agreement”), dated as of April 13, 2020, is made between American Finance Trust, Inc., a Maryland corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered trust company (the “Rights Agent”).

GUARANTY AGREEMENT
Guaranty Agreement • September 5th, 2023 • Necessity Retail REIT, Inc. • Real estate investment trusts • New York

THIS GUARANTY AGREEMENT (this “Guaranty”) is made as of August 30, 2023, by THE NECESSITY RETAIL REIT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at 650 Fifth Avenue, 30th Floor, New York, New York 10019 (“Guarantor”) in favor of BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, having an address at 745 Seventh Avenue, New York, New York 10019 (“Barclays”), SOCIÉTÉ GÉNÉRALE FINANCIAL CORPORATION, a Delaware corporation, having an address at 245 Park Avenue, New York, New York 10167 (“SocGen”), BANK OF MONTREAL, a Canadian Chartered bank acting through its Chicago Branch, having an address at c/o BMO Capital Markets Corp., 3 Times Square, New York, New York 10036 and KEYBANK NATIONAL ASSOCIATION, a national banking association, having an address at 11501 Outlook Street, Suite 300, Overland Park, Kansas 66211 (“KeyBank”; and together with Barclays, SocGen and BMO, and their respective successors and/or assigns, individually and/or collectively,

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