FIRST INDUSTRIAL, L.P. FIRST INDUSTRIAL REALTY TRUST, INC. 2.74% Series F Guaranteed Senior Notes due September 17, 2030 2.84% Series G Guaranteed Senior Notes due September 17, 2032 NOTE AND GUARANTY AGREEMENT Dated as of July 7, 2020Note and Guaranty Agreement • July 8th, 2020 • First Industrial Lp • Real estate investment trusts • New York
As used herein, the following terms have the respective meanings set forth below or set forth in the Section hereof following such term:
THIRD AMENDMENT TO NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • August 6th, 2021 • Americold Realty Trust • Real estate investment trusts • New York
THIS THIRD AMENDMENT TO NOTE AND GUARANTY AGREEMENT (this “Amendment”), is made and entered into as of June 18, 2021, by and among Americold Realty Operating Partnership, L.P., a Delaware limited partnership (the “Issuer”), Americold Realty Trust, a Maryland real estate investment trust (the “Parent Guarantor” and, together with the Issuer, the “Constituent Companies”), each of the current Subsidiary Guarantors (as defined in the Note Agreement defined below) and the holders of Notes (as defined in the Note Agreement defined below) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.
OAKTREE CAPITAL MANAGEMENT, L.P. OAKTREE CAPITAL I, L.P. OAKTREE CAPITAL II, L.P. OAKTREE AIF INVESTMENTS, L.P. $250,000,000 3.78% Senior Notes due December 18, 2032 NOTE AND GUARANTY AGREEMENT Dated as of November 16, 2017Note and Guaranty Agreement • November 17th, 2017 • Oaktree Capital Group, LLC • Investment advice • New York
OAKTREE CAPITAL MANAGEMENT, L.P., a Delaware limited partnership (together with any successor thereto that becomes a party hereto pursuant to Section 10.2, the “Company”), OAKTREE CAPITAL I, L.P., a Delaware limited partnership (together with any successor thereto that becomes a party hereto pursuant to Section 10.2, “Oaktree Capital I”), OAKTREE CAPITAL II, L.P., a Delaware limited partnership (together with any successor thereto that becomes a party hereto pursuant to Section 10.2, “Oaktree Capital II”), and OAKTREE AIF INVESTMENTS, L.P., a Delaware limited partnership (together with any successor thereto that becomes a party hereto pursuant to Section 10.2, “Oaktree AIF”; and together with the Company, Oaktree Capital I, Oaktree Capital II and any other Affiliate that becomes a guarantor pursuant to Section 9.7, collectively, the “Obligors”, and, individually, an “Obligor”), jointly and severally agree with each of the Purchasers as follows:
FIRST AMENDMENT TO NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • August 6th, 2021 • Americold Realty Trust • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO NOTE AND GUARANTY AGREEMENT (this “Amendment”), is made and entered into as of June 18, 2021, by and among Americold Realty Operating Partnership, L.P., a Delaware limited partnership (the “Issuer”), Americold Realty Trust, a Maryland real estate investment trust (the “Parent Guarantor” and, together with the Issuer, the “Constituent Companies”), each of the current Subsidiary Guarantors (as defined in the Note Agreement defined below) and the holders of Notes (as defined in the Note Agreement defined below) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.
CERTAIN INFORMATION IDENTIFIED WITH THE MARK “[***]” HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE SUCH INFORMATION IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. SECURED PROMISSORY NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • April 4th, 2023 • Neuronetics, Inc. • Surgical & medical instruments & apparatus
WHEREAS, TMS NEUROHEALTH CENTERS INC., a Delaware corporation (the “Maker”) and NEURONETICS, INC., a Delaware corporation (the “Payee,” which term will also include any subsequent holder of this Note) are party to that certain Amended and Restated Master Sales Agreement between the Payee and the Maker, dated as of January 17, 2023 (as amended by that certain Amendment to Amended and Restated Master Sales Agreement dated as of March 16, 2023, and as may be further amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the “Commercial Agreement”);
AMERICOLD REALTY OPERATING PARTNERSHIP, L.P. AMERICOLD REALTY TRUST 4.10% Series C Guaranteed Senior Notes due January 8, 2030 NOTE AND GUARANTY AGREEMENT Dated as of May 7, 2019Note and Guaranty Agreement • May 8th, 2019 • Americold Realty Trust • Real estate investment trusts • New York
AMERICOLD REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Issuer”), and AMERICOLD REALTY TRUST, a Maryland real estate investment trust (the “Parent Guarantor,” and together with the Issuer, the “Constituent Companies” and individually, a “Constituent Company”), jointly and severally, agree with each of the Purchasers as follows:
FIRST INDUSTRIAL, L.P. FIRST INDUSTRIAL REALTY TRUST, INC. FIRST AMENDMENT Dated as of December 12, 2017 to NOTE AND GUARANTY AGREEMENT Dated as of February 21, 2017 Re: 4.30% Series A Guaranteed Senior Notes due April 20, 2027Note and Guaranty Agreement • December 15th, 2017 • First Industrial Lp • Real estate investment trusts
THIS FIRST AMENDMENT dated as of December 12, 2017 (this “First Amendment”) to that certain Note and Guaranty Agreement dated as of February 21, 2017 is among FIRST INDUSTRIAL, L.P., a Delaware limited partnership (the “Issuer”), and FIRST INDUSTRIAL REALTY TRUST, INC., a Maryland corporation (the “General Partner”), and each holder of Notes (as hereinafter defined) party hereto (collectively, the “Noteholders”).
SECOND AMENDMENT TO NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • January 6th, 2021 • Americold Realty Trust • Real estate investment trusts • New York
THIS SECOND AMENDMENT TO NOTE AND GUARANTY AGREEMENT (this “Amendment”), is made and entered into as of December 30, 2020, by and among Americold Realty Operating Partnership, L.P., a Delaware limited partnership (the “Issuer”), Americold Realty Trust, a Maryland real estate investment trust (the “Parent Guarantor” and, together with the Issuer, the “Constituent Companies”), and the holders of Notes (as defined in the Note Agreement defined below) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.
FIRST AMENDMENT TO NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • January 6th, 2021 • Americold Realty Trust • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO NOTE AND GUARANTY AGREEMENT (this “Amendment”), is made and entered into as of December 30, 2020, by and among Americold Realty Operating Partnership, L.P., a Delaware limited partnership (the “Issuer”), Americold Realty Trust, a Maryland real estate investment trust (the “Parent Guarantor” and, together with the Issuer, the “Constituent Companies”), and the holders of Notes (as defined in the Note Agreement defined below) (together with their successors and assigns, the “Noteholders”) that are signatories hereto.
FIRST AMENDMENT TO NOTE AND GUARANTY AGREEMENTNote and Guaranty Agreement • February 29th, 2024 • Americold Realty Trust • Real estate investment trusts • New York
WHEREAS, the Constituent Companies and the Purchasers named in the Purchaser Schedule thereto are parties to a certain Note and Guaranty Agreement, dated as of December 4, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the “Note Agreement”; capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Note Agreement) pursuant to which the Purchasers purchased Notes from the Issuer;
FIRST INDUSTRIAL, L.P. FIRST INDUSTRIAL REALTY TRUST, INC. 4.30% Series A Guaranteed Senior Notes due April 20, 2027 4.40% Series B Guaranteed Senior Notes due April 20, 2029 NOTE AND GUARANTY AGREEMENT Dated as of February 21, 2017Note and Guaranty Agreement • February 23rd, 2017 • First Industrial Realty Trust Inc • Real estate investment trusts • New York
FIRST INDUSTRIAL, L.P., a Delaware limited partnership (the “Issuer”), and FIRST INDUSTRIAL REALTY TRUST, INC., a Maryland corporation (the “General Partner”), agree with each of the Purchasers as follows:
