SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • December 2nd, 2015 • Griffin-American Healthcare REIT III, Inc. • Real estate investment trusts • Delaware
THIS SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) of Trilogy Investors, LLC (the “Company”) is made and entered into as of December 1, 2015 (the “Effective Date”), by and among Trilogy Real Estate Investment Trust, a Maryland statutory trust (the “Investor”), Trilogy Management Services, LLC (the “EIK Manager”), the parties identified as “Management Holders” on the signature pages hereto (each, together with its Permitted Transferees and successors, a “Management Holder”) and each Person subsequently admitted as a member of the Company in accordance with the terms hereof (such Persons, the Management Holders, the EIK Manager and the Investor are herein collectively referred to as “Members” and each individually as a “Member”). The Company is organized under the Delaware Limited Liability Company Act, 6 Del.C. § 18-101, et seq. (the “Act”). Capitalized terms used herein are defined in Article 2 hereof or as elsewhere provided herein.
COMMITMENT INCREASE AMENDMENT AGREEMENTAgreement • December 2nd, 2015 • Griffin-American Healthcare REIT III, Inc. • Real estate investment trusts • New York
THIS COMMITMENT INCREASE AMENDMENT AGREEMENT, effective as of November 30, 2015 (this “Agreement”), is by and among GRIFFIN-AMERICAN HEALTHCARE REIT III HOLDINGS, LP, a Delaware limited partnership (the “Borrower”), GRIFFIN-AMERICAN HEALTHCARE REIT III, INC., a Maryland corporation (the “Parent”), the Subsidiary Guarantors identified on the signature pages hereto, the Lenders identified on the signature pages hereto and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
SUBSIDARY GUARANTOR JOINDER AGREEMENTSubsidary Guarantor Joinder Agreement • December 2nd, 2015 • Griffin-American Healthcare REIT III, Inc. • Real estate investment trusts • New York
THIS SUBSIDIARY GUARANTOR JOINDER AGREEMENT (this “Agreement”), dated as of November 30, 2015, is by and among GAHC3 LONGVIEW TX MEDICAL PLAZA, LLC, a Delaware limited liability company, GAHC3 LONGVIEW TX INSTITUTE MOB, LLC, a Delaware limited liability company, GAHC3 LONGVIEW TX CSC MOB, LLC, a Delaware limited liability company, GAHC3 LONGVIEW TX OCCUPATIONAL MOB, LLC, a Delaware limited liability company, GAHC3 LONGVIEW TX OUTPATIENT MOB I, LLC, a Delaware limited liability company, GAHC3 LONGVIEW TX OUTPATIENT MOB II, LLC, a Delaware limited liability company, GAHC3 MARSHALL TX MOB, LLC, a Delaware limited liability company, GAHC3 SOUTHGATE KY MOB, LLC, a Delaware limited liability company, GAHC3 SOMERVILLE MA MOB, LLC, a Delaware limited liability company, GAHC3 MORRISTOWN NJ MOB, LLC, a Delaware limited liability company, GAHC3 VERONA NJ MOB, LLC, a Delaware limited liability company, GAHC3 BRONX NY MOB, LLC, a Delaware limited liability company (each, a “Subsidiary” and collecti
SENIOR SECURED CREDIT AGREEMENTSenior Secured Credit Agreement • December 2nd, 2015 • Griffin-American Healthcare REIT III, Inc. • Real estate investment trusts
THIS SENIOR SECURED CREDIT AGREEMENT (this “Agreement”) is made as of December 1, 2015, among TRILOGY FINANCE MERGER SUB, LLC, a Delaware limited liability company (“Initial Borrower”), which in connection with the consummation of the Acquisition will merge with and into TRILOGY PROPCO FINANCE, LLC, a Delaware limited liability company (“Parent”), each of the Subsidiaries of Parent now or hereafter party hereto (such Subsidiaries, collectively, “Subsidiary Borrowers”), as Borrowers following the consummation of the Merger, KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as a Lender, the other lending institutions which are parties to this Agreement as Lenders, the other lending institutions that may become parties hereto as Lenders pursuant to Section 18, and KEYBANK NATIONAL ASSOCIATION, as Administrative Agent.
