Cash Management Agreement Sample Contracts

Landmark Infrastructure Partners LP – CASH MANAGEMENT AGREEMENT Dated as of June 6, 2018 among (June 12th, 2018)

CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of June 6, 2018, among LMRK Issuer Co III LLC, a Delaware limited liability company (the “Issuer”), LMRK PropCo 3 LLC, a Delaware limited liability company (the “Original Asset Entity” and, together with any entity that becomes a party hereto after the date hereof as an “Additional Asset Entity” pursuant to a Joinder Agreement in substantially the form of Exhibit H of the Indenture, the “Asset Entities” and, the Asset Entities and the Issuer, collectively, the “Obligors”), Wilmington Trust, National Association, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”) and in its capacity as a “securities intermediary” (as defined in Section 8-102 of the UCC (in such capacity, the “Securities Intermediary”)) and Landmark Infrastructure Partners GP LLC, a Delaware limited liability company (the “Manager”).

American Tower Corp /Ma/ – SECOND AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT Dated as of March 29, 2018 among AMERICAN TOWER ASSET SUB, LLC AMERICAN TOWER ASSET SUB II, LLC AND ANY OTHER BORROWER OR BORROWERS THAT MAY BECOME A PARTY HERETO as Borrowers, Tower Revenue Securities as Lender, MIDLAND LOAN SERVICES, a DIVISON OF PNC BANK, NATIONAL ASSOCIATION, as Servicer, as Agent, and SPECTRASITE COMMUNICATIONS, LLC, as Manager (May 2nd, 2018)

SECOND AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of March 29, 2018, among AMERICAN TOWER ASSET SUB, LLC, AMERICAN TOWER ASSET SUB II, LLC, each a Delaware limited liability company (and together with any Additional Borrower that may become a party hereto by entering into a Loan Agreement Supplement, together with their successors and permitted assigns the “Borrowers”), U.S. BANK NATIONAL ASSOCIATION (“Agent”), U.S. BANK NATIONAL ASSOCIATION, as Trustee for American Tower Trust I Secured Tower Revenue Securities (“Lender”), MIDLAND LOAN SERVICES, a Division of PNC Bank, National Association (“Servicer”), and SPECTRASITE COMMUNICATIONS, LLC, a Delaware limited liability company (“Manager”).

Landmark Infrastructure Partners LP – CASH MANAGEMENT AGREEMENT Dated as of November 30, 2017 among LMRK ISSUER CO. 2 LLC, LMRK PROPCO LLC, LD TALL WALL III LLC, as Obligors, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Indenture Trustee and Securities Intermediary and LANDMARK INFRASTRUCTURE PARTNERS GP LLC, as Manager (December 5th, 2017)

CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of November 30, 2017, among LMRK Issuer Co. 2 LLC, a Delaware limited liability company (the “Issuer”), LMRK Propco LLC, a Delaware limited liability company (“Propco”) and LD Tall Wall III LLC, a Delaware limited liability company (“Tall Wall 3” and, together with Propco, the “Original Asset Entities” and, together with any entity that becomes a party hereto after the date hereof as an “Additional Asset Entity” pursuant to a Joinder Agreement in substantially the form of Exhibit H of the Indenture, the “Asset Entities” and, the Asset Entities and the Issuer, collectively, the “Obligors”), Wilmington Trust, National Association, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”) and in its capacity as a “securities intermediary” (as defined in Section 8-102 of the UCC (in such capacity, the “Securities Intermediary”) and Landmark Infrastructure Partners GP LLC, a Delaware limited liability comp

Condor Hospitality Trust, Inc. – CASH MANAGEMENT AGREEMENT (October 6th, 2017)

THIS CASH MANAGEMENT AGREEMENT (this “Agreement”) is made as of October 4, 2017, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION (together with its successors and/or assigns, “Lender”), CDOR JAX COURT, LLC, a Delaware limited liability company, CDOR ATL INDY, LLC, a Delaware limited liability company, CDOR SAN SPRING, LLC, a Delaware limited liability company (collectively, “Borrower”) and TRS ATL INDY, LLC, a Delaware limited liability company, TRS JAX COURT, LLC, a Delaware limited liability company, and TRS SAN SPRING LLC, a Delaware limited liability company (collectively, “Operating Tenant”).

RBC Covered Bond Guarantor Limited Partnership – AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (September 25th, 2017)

THIS CASH MANAGEMENT AGREEMENT (this “Agreement”) initially made the 25th day of October, 2007 and amended and restated on this 8th day of September, 2017.

Sun Hydraulics Corp – 3 4811-4661-6628, v. 17 Daily LIBOR Rate, plus 100 basis points (1.0%). Any change in the Base Rate (or any component thereof) shall take effect at the opening of business on the day such change occurs. Base Rate Option shall mean the option of the Borrower to have Loans bear interest at the rate and under the terms set forth in Section 4.1.1(i) [Revolving Credit Base Rate Options]. Borrower shall have the meaning specified in the introductory paragraph. Borrowing Date shall mean, with respect to any Loan, the date for the making thereof or the renewal or conversion thereof at or to the same o (August 3rd, 2016)
Landmark Infrastructure Partners LP – CASH MANAGEMENT AGREEMENT (June 22nd, 2016)

CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of June 16, 2016, among LMRK Issuer Co. LLC, a Delaware limited liability company (the “Issuer”), LD Acquisition Company 8 LLC, a Delaware limited liability company (“LDAC 8”), LD Acquisition Company 9 LLC, a Delaware limited liability company (“LDAC 9”) and LD Acquisition Company 10 LLC, a Delaware limited liability company (“LDAC 10” and, together with LDAC 8 and LDAC 9, the “Original Asset Entities” and, together with any entity that becomes a party hereto after the date hereof as an “Additional Asset Entity” pursuant to a Joinder Agreement in substantially the form of Exhibit H of the Indenture, the “Asset Entities” and, the Asset Entities and the Issuer, collectively, the “Obligors”), Deutsche Bank Trust Company Americas, a New York banking corporation, not in its individual capacity but solely as indenture trustee (the “Indenture Trustee”) and in its capacity as a “securities intermediary” (as defined in Section 8-102 of the

Houlihan Lokey, Inc. – CASH MANAGEMENT AGREEMENT (August 21st, 2015)

THIS CASH MANAGEMENT AGREEMENT (this “Agreement”) is entered into on August 18, 2015, by and between Houlihan Lokey Capital (Holdings) Ltd., a UK private limited company (“HL UK”), and ORIX Global Capital, Ltd., a UK private limited company (“OGC”).

Houlihan Lokey, Inc. – CASH MANAGEMENT AGREEMENT (July 27th, 2015)

THIS CASH MANAGEMENT AGREEMENT (this “Agreement”) is entered into on                           , 2015, by and between Houlihan Lokey Capital (Holdings) Ltd., a UK private limited company (“HL UK”), and ORIX Global Capital, Ltd., a UK private limited company (“OGC”).

KBS Strategic Opportunity REIT, Inc. – CASH MANAGEMENT AGREEMENT Dated: as of June 11, 2012 among (August 6th, 2014)

THIS CASH MANAGEMENT AGREEMENT (this "Agreement"), is entered into as of June 11, 2012, among 110 WILLIAM, LLC, a Delaware limited liability company ("Borrower"), having an address at c/o Swig Equities, LLC, 110 William Street, 1st Floor, New York, New York 10038, WELLS FARGO BANK, N.A., a national association ("Cash Management Bank"), having an address at 1901 Harrison Street, 2nd Floor, Oakland, CA 94612, UBS REAL ESTATE SECURITIES INC., a Delaware corporation ("Lender"), having an address at 1285 Avenue of the Americas, New York, New York 10019 and SWIG EQUITIES, LLC, a New York limited liability company ("Manager"), having an address at 110 William Street, 1st Floor, New York, New York 10038.

KBS Strategic Opportunity REIT, Inc. – FIRST AMENDMENT TO CASH MANAGEMENT AGREEMENT Dated: as of May 2, 2014 among 110 WILLIAM, LLC as Original Borrower, 110 WILLIAM PROPERTY INVESTORS III, LLC as Borrower, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF UBS-BARCLAYS COMMERCIAL MORTGAGE TRUST 2012-C2, COMMERCIAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2012-C2 as Lender, WELLS FARGO BANK, N.A. as Cash Management Bank and SWIG EQUITIES, LLC as Manager (August 6th, 2014)

THIS FIRST AMENDMENT TO CASH MANAGEMENT AGREEMENT (this “Agreement”), is entered into as of May 2, 2014, among 110 WILLIAM, LLC, a Delaware limited liability company (“Original Borrower”), having an address at c/o Swig Equities, LLC, 110 William Street, 1st Floor, New York, New York 10038, 110 WILLIAM PROPERTY INVESTORS III, LLC, a Delaware limited liability company (“Borrower”), having an address c/o Savanna, 430 Park Avenue, 12th Floor, New York, New York 10022, WELLS FARGO BANK, N.A., a national association (“Cash Management Bank”), having an address at 1901 Harrison Street, 2nd Floor, Oakland, CA 94612, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF UBS-BARCLAYS COMMERCIAL MORTGAGE TRUST 2012-C2, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2012-C2 (“Lender”), having an address at c/o Wells Fargo Bank, N.A., as Master Servicer, 550 South Tryon Street, 14th Floor, MAC D1086-120, Charlotte, North Carolina 28202, Attention: Asset Manager, Loan No. 61

BMO Covered Bond Guarantor Limited Partnership – CASH MANAGEMENT AGREEMENT BMO COVERED BOND GUARANTOR LIMITED PARTNERSHIP, as Guarantor - and - BANK OF MONTREAL, as Cash Manager, GDA Provider, Seller, Servicer and Issuer - and - COMPUTERSHARE TRUST COMPANY OF CANADA, as Bond Trustee DATED AS OF SEPTEMBER 30, 2013 (October 4th, 2013)
Bank of Nova Scotia / – CASH MANAGEMENT AGREEMENT (July 22nd, 2013)
RBC Covered Bond Guarantor Limited Partnership – AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT by and among ROYAL BANK OF CANADA as Cash Manager, Seller, Servicer and the Bank and RBC COVERED BOND GUARANTOR LIMITED PARTNERSHIP as Guarantor LP and COMPUTERSHARE TRUST COMPANY OF CANADA as Bond Trustee June 24, 2013 (July 10th, 2013)
American Tower Corp /Ma/ – FIRST AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT Dated as of March 15, 2013 among AMERICAN TOWER ASSET SUB, LLC AMERICAN TOWER ASSET SUB II, LLC AND ANY OTHER BORROWER OR BORROWERS THAT MAY BECOME A PARTY HERETO as Borrowers, Tower Revenue Securities as Lender, MIDLAND LOAN SERVICES, a DIVISON OF PNC BANK, NATIONAL ASSOCIATION, as Servicer, as Agent, and SPECTRASITE COMMUNICATIONS, LLC, as Manager (May 1st, 2013)

FIRST AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of March 15, 2013, among AMERICAN TOWER ASSET SUB, LLC, AMERICAN TOWER ASSET SUB II, LLC, each a Delaware limited liability company (and together with any Additional Borrower that may become a party hereto by entering into a Loan Agreement Supplement, together with their successors and permitted assigns the “Borrowers”), U.S. BANK NATIONAL ASSOCIATION (“Agent”), U.S. BANK NATIONAL ASSOCIATION, successor in interest to Bank of America, National Association, successor by merger to LaSalle Bank National Association, as Trustee for American Tower Trust I Secured Tower Revenue Securities (“Lender”), MIDLAND LOAN SERVICES, a Division of PNC Bank, National Association (“Servicer”), and SPECTRASITE COMMUNICATIONS, LLC, a Delaware limited liability company (“Manager”).

Supertel Hospitality Inc – FIRST AMENDMENT TO CASH MANAGEMENT AGREEMENT (March 20th, 2013)

THIS FIRST AMENDMENT TO CASH MANAGEMENT AGREEMENT (this “Agreement”) dated as of November 5, 2012, by and among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (together with its successors and/or assigns, “Lender”), SOLOMONS BEACON INN LIMITED PARTNERSHIP, a Maryland limited partnership (“Borrower”), TRS SUBSIDIARY, LLC, a Delaware limited liability company (“Operating Lessee”), HOSPITALITY MANAGEMENT ADVISORS, INC., a Tennessee corporation (“HMA”), KINSETH HOTEL CORPORATION, an Iowa corporation (“KHC”), and STRANDCO, INC., a North Carolina corporation (“SDC”; HMA, KHC and SDC, individually and/or collectively (as the context may require), “Manager”) and accepted and agreed to by SUPERTEL HOSPITALITY, INC., a Virginia corporation (“Guarantor”).

Supertel Hospitality Inc – CASH MANAGEMENT AGREEMENT (November 7th, 2012)

THIS CASH MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 2, 2012, by and among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (together with its successors and assigns, “Lender”), SOLOMONS BEACON INN LIMITED PARTNERSHIP, a Maryland limited partnership (“Borrower”), TRS SUBSIDIARY, LLC, a Delaware limited liability company (“Operating Lessee”), HOSPITALITY MANAGEMENT ADVISORS, INC., a Tennessee corporation (“HMA”), KINSETH HOTEL CORPORATION, an Iowa corporation (“KHC”), and STRANDCO, INC., a North Carolina corporation (“SDC”; HMA, KHC and SDC, individually and/or collectively (as the context may require), “Manager”).

MPG Office Trust, Inc. – AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT Dated: as of July 9, 2012 among MAGUIRE PROPERTIES-355 S. GRAND, LLC (August 9th, 2012)

AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (this “Agreement”), dated as of July 9, 2012, among MAGUIRE PROPERTIES – 355 S. GRAND, LLC, a Delaware limited liability company (“Borrower”), BANK OF THE WEST (“Bank”), EUROHYPO AG, NEW YORK BRANCH, as Administrative Agent for the lenders referred to below (in such capacity, together with its successors in such capacity, “Administrative Agent”) and MPG Office, L.P. (f/k/a Maguire Properties, L.P.), a Maryland limited partnership (“Manager”).

AutoTrader Group, Inc. – AMENDMENT TO AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (July 31st, 2012)

This Amendment to Amended and Restated Cash Management Agreement (this “Amendment”), effective as of this 14th day of June, 2012 (the “Effective Date”), by and between Cox Enterprises, Inc., a Delaware corporation (“CEI”), and AutoTrader.com, Inc., a Delaware corporation (the “Company”), hereby amends that Amended and Restated Cash Management Agreement dated as of December 15, 2010, by and between CEI and Company (the “Agreement”).

RBC Covered Bond Guarantor Limited Partnership – CASH MANAGEMENT AGREEMENT by and among ROYAL BANK OF CANADA as Cash Manager, Seller, Servicer and the Bank and RBC COVERED BOND GUARANTOR LIMITED PARTNERSHIP as Guarantor LP and COMPUTERSHARE TRUST COMPANY OF CANADA as Bond Trustee October 25, 2007 (July 2nd, 2012)
AutoTrader Group, Inc. – AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT WITH REVOLVING CREDIT FACILITY AutoTrader.com, Inc. / Cox Enterprises, Inc. (June 15th, 2012)

THIS AMENDED AND RESTATED CASH MANAGEMENT AGREEMENT (this “Agreement”) is effective as of the 15th day of December, 2010, by and between AutoTrader.com, Inc., a Delaware corporation with its principal place of business at 5775 Peachtree Dunwoody Road, Atlanta, GA 30342 (the “Company”), and Cox Enterprises, Inc., a Delaware corporation with its principal place of business at 6205 Peachtree Dunwoody Road, Atlanta, Georgia 30328 (“CEI”).

AutoTrader Group, Inc. – AMENDMENT TO CASH MANAGEMENT AGREEMENT (June 15th, 2012)

This Amendment to Cash Management Agreement (this “Amendment”), effective as of this 14th day of June, 2012 (the “Effective Date”), by and between Cox Enterprises, Inc., a Delaware corporation (“CEI”), and AutoTrader.com, Inc., a Delaware corporation (the “Company”), hereby amends that Cash Management Agreement dated as of May 4, 2010, by and between CEI and Company (the “Agreement”).

Hcp, Inc. – FORM OF CASH MANAGEMENT AGREEMENT (SEVENTH MEZZANINE LOAN) (August 3rd, 2010)

THIS CASH MANAGEMENT AGREEMENT (SEVENTH MEZZANINE LOAN) (as may be amended, replaced, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made as of the 21st day of December, 2007, by HCR VII PROPERTIES, LLC, a Delaware limited liability company (“Borrower”) having an address at 333 N. Summit Street, Toledo, Ohio, 43604, and JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America, having an address at 270 Park Avenue, New York, New York 10017 (in its capacity as collateral agent for itself and any other Noteholder (as hereinafter defined) and together with its successors and assigns, the “Lender”).

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Peerless Indemnity Insurance Company (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated January 28th, 2000.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between General Insurance Company of America (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between American Economy Insurance Company (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Safeco Insurance Company of Indiana (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between American States Insurance Company (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between National Insurance Association (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated January 28th, 2000.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Hawkeye-Security Insurance Company (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated January 28th, 2000.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between First National Insurance Company of America (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Safeco Surplus Lines Insurance Company (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Safeco Insurance Company of Illinois (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Safeco Insurance Company of Oregon (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.

Liberty Mutual Agency Corp – CASH MANAGEMENT AGREEMENT Dated as of January 1, 2010 (July 23rd, 2010)

This Amended and Restated Cash Management Agreement, is effective as of the date first written above, by and between Safeco Insurance Company of America (the “Principal”), and Liberty Mutual Investment Advisors LLC (the “Manager”) and supersedes the prior agreement between the parties dated September 22nd, 2008.