Tennessee Sample Contracts

Benchmark 2018-B5 Mortgage Trust – Contract (August 20th, 2018)
Loan and Security Agreement (August 20th, 2018)

This FIFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment"), dated as of August 15, 2018 ("Amendment Date"), by and among BLUEGREEN VACATIONS CORPORATION, a Florida corporation f/k/a Bluegreen Corporation ("Borrower"), each of the financial institutions from time to time party hereto (individually, each a "Lender", and collectively, the "Lenders") and PACIFIC WESTERN BANK, a California state-chartered bank, as successor-by-merger to CapitalSource Bank, as administrative, payment and collateral agent for itself, as a Lender and the other Lenders (in such capacities, "Agent").

Servicemaster Global Holdings Inc – Indenture Dated as of August 16, 2018 (August 20th, 2018)

This INDENTURE, dated as of August 16, 2018 (as amended, supplemented or otherwise modified from time to time, this Indenture), is entered into among the Company (as defined herein), the Subsidiary Guarantors (as defined herein) from time to time parties hereto, and Wilmington Trust, National Association, as Trustee.

Servicemaster Global Holdings Inc – CREDIT AGREEMENT Among FRONTDOOR, INC., THE SEVERAL LENDERS FROM TIME TO TIME PARTY HERETO, JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent and an Issuing Bank, J.P. MORGAN SECURITIES, LLC, FIRST TENNESSEE BANK NATIONAL ASSOCIATION, CAPITAL ONE, N.A., REGIONS CAPITAL MARKETS, a DIVISION OF REGIONS BANK, GOLDMAN SACHS BANK USA, RBC CAPITAL MARKETS, LLC and CREDIT SUISSE LOAN FUNDING LLC, as Joint Lead Arrangers and Joint Bookrunners, FIRST TENNESSEE BANK NATIONAL ASSOCIATION, CAPITAL ONE, N.A. And REGIONS CAPITAL MARKETS, a DIVISION OF REGIONS BANK, as Co-Syndication Agents (August 20th, 2018)

CREDIT AGREEMENT, dated as of August 16, 2018, among FRONTDOOR, INC., a Delaware corporation (as further defined in subsection 1.1, the Borrower), the Subsidiary Borrowers (as hereinafter defined) from time to time party to this Agreement, the Effective Date Term Loan Lender (as hereinafter defined), the several banks and other financial institutions from time to time party to this Agreement (as further defined in subsection 1.1, the Lenders) and JPMORGAN CHASE BANK, N.A., as administrative agent, collateral agent and issuing bank for the Lenders hereunder (in such capacities, respectively, the Administrative Agent, Collateral Agent and, as further defined in subsection 1.1, an Issuing Bank).

Benchmark 2018-B5 Mortgage Trust – PURCHASER, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of August 21, 2018 Fixed Rate Mortgage Loans Series 2018-B5 (August 20th, 2018)

This Mortgage Loan Purchase Agreement (this "Agreement"), dated as of August 21, 2018, is between J.P. Morgan Chase Commercial Mortgage Securities Corp., as purchaser (the "Purchaser"), and JPMorgan Chase Bank, National Association, as seller (the "Seller").

BEARINGS, INC. 3600 Euclid Avenue Cleveland, Ohio 44115-2515 (August 17th, 2018)

The undersigned, BEARINGS, INC., an Ohio corporation (herein called the "COMPANY"), hereby agrees with you as set forth below. Reference is made to paragraph 10 hereof for definitions of capitalized terms used herein and not otherwise defined herein.

AMENDED AND RESTATED REVOLVING CREDIT, Term Loan AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS a REVOLVING LENDER AND AS AGENT) STEEL CITY CAPITAL FUNDING, a DIVISION OF PNC BANK, NATIONAL ASSOCIATION (AS a TERM LOAN LENDER) WITH UNIVERSAL LOGISTICS HOLDINGS, INC., UNIVERSAL TRUCKLOAD, INC., UNIVERSAL DEDICATED, INC. Mason Dixon Intermodal, Inc., LOGISTICS INSIGHT CORP., UNIVERSAL LOGISTICS SOLUTIONS INTERNATIONAL, INC., UNIVERSAL SPECIALIZED, INC., CAVALRY LOGISTICS, LLC, UNIVERSAL MANAGEMENT SERVICES, INC., Fore Transportation Inc., Fore Transport, Inc., 4 Cargo Llc, Southern Cou (August 16th, 2018)

Amended and Restated Revolving Credit, Term Loan and Security Agreement dated as of August 10, 2018 among Universal Logistics Holdings, Inc., a corporation organized under the laws of the State of Michigan ("Holdings"), Universal Truckload, Inc., a corporation organized under the laws of the State of Delaware ("UTI"), Universal Dedicated, Inc., a corporation organized under the laws of the State of Michigan ("UDI"), Mason Dixon Intermodal, Inc. (dba Universal Intermodal Services, Inc.), a corporation organized under the laws of the State of Michigan ("Mason Dixon"), Logistics Insight Corp., a corporation organized under the laws of the State of Michigan ("Logistics"), Universal Logistics Solutions International, Inc., a corporation organized under the laws of the State of Illinois ("Solutions"), Universal Specialized, Inc., a corporation organized under the laws of the State of Michigan ("Specialized"), Cavalry Logistics, LLC, a limited liability company organized under the laws of the

Waiver and Second Amendment to Term Loan Credit and Security Agreement (August 15th, 2018)

THIS WAIVER AND SECOND AMENDMENT TO TERM LOAN CREDIT AND SECURITY AGREEMENT (this "Amendment"), dated as of August 14, 2018, is by and among Hudson Technologies Company, a Tennessee corporation ("Hudson Technologies"), HUDSON HOLDINGS, INC., a Nevada corporation ("Holdings"), and ASPEN REFRIGERANTS, INC. (formerly known as AIRGAS-REFRIGERANTS, INC.), a Delaware corporation ("ARI" and together with Hudson Technologies, and Holdings, collectively, the "Borrowers", and each a "Borrower"), the other Credit Parties hereto, the financial institutions party hereto as lenders (the "Lenders"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent and administrative agent for the Lenders (in such capacities, the "Agent"). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement (as defined below).

News Corp – FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Own Capacity as Guaranteed By: SKY CABLE PTY LIMITED (ABN 14 069 799 640) TELSTRA MEDIA PTY LIMITED (ABN 72 069 279 027) FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Capacity as Agent for the Partners as a Partnership Carrying on the Business of the FOXTEL Partnership and as Agent for the FOXTEL Television Partnership and the FOXTEL GROUP MEMBER GUARANTORS U.S.$500,000,000 3.68% Series D Guaranteed Senior Notes Due 2019 4.27% Series E Guaranteed Senior Notes Due 2022 4.42% Series F Guaranteed Senior Notes Due 2024 A$100,000 (August 15th, 2018)

No liability for any Tax, directly or indirectly, imposed, assessed, levied or collected by or for the account of any Governmental Authority of Australia or any political subdivision thereof will be incurred by the Obligor, either Partner or any holder of a Note as a result of the execution or delivery of this Agreement and the Notes and no deduction or withholding in respect of Taxes imposed by or for the account of Australia or, to the knowledge of the Obligor and each Partner, any other Taxing Jurisdiction, is required to be made from any payment by the Obligor or either Partner under the Finance Documents to which it is a party, except for any such liability, withholding or deduction imposed, assessed, levied or collected by or for the account of any such Governmental Authority of Australia or any political subdivision thereof arising out of circumstances described in clauses (a) through (f), inclusive, of Section 13.

News Corp – FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Own Capacity as Guaranteed By: SKY CABLE PTY LIMITED (ABN 14 069 799 640) TELSTRA MEDIA PTY LIMITED (ABN 72 069 279 027) FOXTEL MANAGEMENT PTY LIMITED (ABN 65 068 671 938) in Its Capacity as Agent for the Partners as a Partnership Carrying on the Business of the FOXTEL Partnership and as Agent for the FOXTEL Television Partnership and the FOXTEL GROUP MEMBER GUARANTORS U.S.$180,000,000 5.04% Series a Guaranteed Senior Secured Notes Due 2014 5.83% Series B Guaranteed Senior Secured Notes Due 2016 6.20% Series C Guaranteed Senior Secured (August 15th, 2018)
Cumberland Pharmaceuticals Inc. – First Amendment to Revolving Credit Loan Agreement (August 14th, 2018)

THIS FIRST AMENDMENT TO REVOLVING CREDIT LOAN AGREEMENT (this "Amendment") is entered into as of August 14, 2018, by and between CUMBERLAND PHARMACEUTICALS INC., a Tennessee corporation (the "Borrower"), and PINNACLE BANK, a Tennessee banking corporation (the "Lender").

BayCom Corp – Agreement and Plan of Merger Dated as of August 10, 2018 by and Among Baycom Corp, Bc Merger Company, United Business Bank, Bethlehem Financial Corporation and My Bank (August 13th, 2018)

This Agreement and Plan of Merger, dated as of August 10, 2018, by and among BayCom Corp, a California corporation ("BCML"), BC Merger Company, a New Mexico corporation and wholly-owned subsidiary of BCML ("Merger Sub"), and United Business Bank, a California state-chartered banking corporation and wholly-owned subsidiary of BCML ("UBB"), on the one hand and Bethlehem Financial Corporation, a New Mexico corporation ("BFC"), and My Bank, a New Mexico state-chartered banking corporation and wholly-owned subsidiary of BFC ("BANK"), on the other hand, is entered into with respect to the following:

Eastside Distilling, Inc. – Amended and Restated License Agreement (August 13th, 2018)

This AMENDED AND RESTATED LICENSE AGREEMENT (this "Agreement"), dated as of this 31st day of May, 2018 ("Effective Date"), is entered into by and between RICH MARKS, LLC, a Delaware limited liability company "Licensor"), Redneck Riviera Whiskey Co., LLC, a Tennessee limited liability company ("Licensee"), John D. RICH TISA Trust U/A/D MARCH 27, 2018, DWIGHT P. WILeS, TRUSTEE ("Trust"), and EASTSIDE DISTILLING, INC., a corporation organized under the laws of the State of Nevada ("Former Licensee").

Griffin-American Healthcare REIT IV, Inc. – Purchase and Sale Agreement and Escrow Instructions by and Among the Selling Parties Identified on Exhibit a Hereto, Tlg Ii, L.L.P. And Gahc4 Missouri Snf Portfolio, Llc Dated as of June 7, 2018 (August 10th, 2018)

THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of the 7th day of June, 2018 ("Effective Date"), by and among the owner selling parties identified on Exhibit A attached hereto (referred to herein as "Owner Seller" or "Owner Sellers"), the operator parties identified on Exhibit A attached hereto (referred to herein as "Operator" or "Operators"), and TLG II, L.L.P., a Missouri limited liability partnership ("Parent Guarantor"), solely for the limited purposes set forth in Section 14.17, and GAHC4 Missouri SNF Portfolio, LLC, a Delaware limited liability company, and its successors and assigns permitted hereunder ("Purchaser").

Tractor Supply Company Performance Share Unit Agreement (August 9th, 2018)

This PERFORMANCE SHARE UNIT AGREEMENT (this "Agreement") is made and entered into as of the ____ day of _________, 20__ (the "Grant Date"), between Tractor Supply Company, a Delaware corporation (together with its Subsidiaries and Affiliates, as applicable, the "Company"), and [Participant Name] (the "Grantee"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Company's 2018 Omnibus Incentive Plan (the "Plan").

Supplement 26 to Amended and Restated Master Professional Services Agreement (August 9th, 2018)

This Supplement 26 (this "Supplement") is made and entered into as of June 24, 2018 (the "Supplement Effective Date") by and between Ascension Health ("Ascension Health") and R1 RCM Inc., f/k/a Accretive Health, Inc. ("Supplier") (together, the "Parties"). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the MPSA (as defined below).

Capital Plan (August 9th, 2018)

The purpose of this Capital Plan is to provide for the governance and the regulation of the capital structure of the Federal Home Loan Bank of Cincinnati, consistent with the requirements of the Federal Home Loan Bank Act, as amended, and the Regulations of the Federal Housing Finance Agency under that Act.

Unique Fabricating – Fourth Amendment to Credit Agreement and Loan Documents (August 9th, 2018)

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT AND LOAN DOCUMENTS ("Amendment") is executed as of August 8, 2018, by and between the financial institutions signatory hereto (individually a "Lender," and collectively the "Lenders"), CITIZENS BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (in such capacity, the "Agent"), UNIQUE FABRICATING NA, INC., a Delaware corporation ("US Borrower"), and UNIQUE-INTASCO CANADA, INC., a corporation organized under the laws of the province of British Columbia ("CA Borrower", called together with US Borrower, the "Borrowers" and each of them referred to herein as a "Borrower").

Riverside Hospital Inc – HCA INC., THE GUARANTORS NAMED ON SCHEDULE I HERETO, LAW DEBENTURE TRUST COMPANY OF NEW YORK, as Trustee, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Paying Agent, Registrar and Transfer Agent INDENTURE Dated as of August 1, 2011 Debt Securities (August 9th, 2018)
Astec Industries, Inc. – Agreement (August 9th, 2018)
Hennessy Capital Acquisition Corp II – Third Amendment to Fifth Amended and Restated Revolving Credit and Security Agreement (August 9th, 2018)

FIFTH AMENDED AND RESTATED REVOLVING CREDIT AND SECURITY AGREEMENT dated as of February 27, 2017, among HENNESSY CAPITAL ACQUISITION CORP. II, a Delaware corporation, which upon the effectiveness of the Closing Date Merger (as defined below) will be renamed as the new DASEKE, INC., a Delaware corporation ("Holdings"), DASEKE, INC., a Delaware corporation, with which Merger Sub (as defined below) will be merged upon the effectiveness of the Closing Date Merger (with Daseke, Inc. as the surviving entity), and which will be renamed as DASEKE COMPANIES, INC., a Delaware corporation upon the effectiveness of the Closing Date Merger, as the attorney and agent (in such capacity, the "Borrowing Agent") on behalf of each Loan Party (as defined below), HCAC MERGER SUB INC., a Delaware corporation ("Merger Sub"), as a "Borrower" hereunder, which upon the effectiveness of the Closing Date Merger will be merged with and into Borrowing Agent, each of the Subsidiaries of Borrowing Agent that are now

Five Star Quality Care, Inc. – Partial Termination of and Sixteenth Amendment to Amended and Restated Master Lease Agreement (Lease No. 1) (August 9th, 2018)

THIS PARTIAL TERMINATION OF AND SIXTEENTH AMENDMENT TO AMENDED AND RESTATED MASTER LEASE AGREEMENT (LEASE NO. 1) (this "Amendment") is made and entered into as of June 1, 2018 by and among each of the parties identified on the signature pages hereof as a landlord (collectively, "Landlord") and each of the parties identified on the signature pages hereof as a tenant (jointly and severally, "Tenant").

Us Xpress Enterprises – Contract (August 9th, 2018)
Non-Qualified Stock Option Agreement (August 9th, 2018)

This STOCK OPTION AGREEMENT is between TRACTOR SUPPLY COMPANY, a Delaware corporation (the "Company"), and the above-referenced Participant (the "Optionee").

Us Xpress Enterprises – REGISTRATION RIGHTS AGREEMENT U.S. XPRESS ENTERPRISES, INC. Dated as of June 13, 2018 (August 9th, 2018)
AMENDED AND RESTATED REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS LENDER AND AS AGENT) WITH MOTORCAR PARTS OF AMERICA, INC. (AS a US BORROWER) AND D & v ELECTRONICS LTD. (AS a CANADIAN BORROWER) June 5, 2018 (August 9th, 2018)

Amended and Restated Revolving Credit, Term Loan and Security Agreement, dated as of June 5, 2018 among MOTORCAR PARTS OF AMERICA, INC., a corporation organized under the laws of the State of New York ("MPA", and together with each Person organized under the laws of a State of the United States joined hereto as a borrower from time to time, collectively, the "US Borrowers", and each, a "US Borrower"), D & V Electronics Ltd., a corporation amalgamated and existing under the laws of the Province of British Columbia ("D&V" and together with each Person organized under the laws of Canada joined hereto as a borrower from time to time, collectively, the "Canadian Borrowers", and each, a "Canadian Borrower"; the Canadian Borrowers and the US Borrowers are referred to herein each as a "Borrower" and collectively as "Borrowers"), each Person joined hereto as a guarantor from time to time, the financial institutions which are now or which hereafter become a party hereto (collectively, the "Lende

Us Xpress Enterprises – CREDIT AGREEMENT Dated as of June 18, 2018 by and Among U.S. XPRESS ENTERPRISES, INC., as the Borrower, CERTAIN SUBSIDIARIES OF THE BORROWER PARTY HERETO, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer, and THE OTHER LENDERS PARTY HERETO MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, WELLS FARGO SECURITIES, LLC, and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Joint Bookrunners (August 9th, 2018)

This CREDIT AGREEMENT is entered into as of June 18, 2018, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the "Borrower"), the Guarantors party hereto, the Lenders party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swingline Lender, and L/C Issuer.

Restricted Share Unit Agreement (August 9th, 2018)

THIS RESTRICTED SHARE UNIT AGREEMENT, is made by and between Tractor Supply Company, a Delaware corporation hereinafter referred to as "Company," and the above-referenced Participant ("Grantee"):

Wright Medical Group N.V. – AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT Dated as of May 7, 2018 by and Among (August 9th, 2018)

This AMENDED AND RESTATED CREDIT, SECURITY AND GUARANTY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the "Agreement") is dated as of May 7, 2018, by and among WRIGHT MEDICAL GROUP N.V., a public limited liability company organized and existing under the laws of the Netherlands with its corporate seat (statutaire zetel) in Amsterdam and registered with the Dutch trade register under number 34250781, as a Guarantor ("Parent"), WRIGHT MEDICAL GROUP, INC., a Delaware corporation ("Wright"), each of the direct and indirect Subsidiaries of Parent set forth on the signature pages hereto and certain other Subsidiaries of Parent that may hereafter be added to this Agreement (individually as a "Borrower", and collectively with Wright and any entities that become party hereto as Borrower and each of their successors and permitted assigns, the "Borrowers"), MIDCAP FUNDING IV TRUST, a Delaware statutory trust, individually as a Lender, and a

Morgan Stanley Capital I Trust 2018-H3 – Contract (August 8th, 2018)
Amendment No. 2 to Fifth Amended and Restated Credit Agreement (August 8th, 2018)

THIS AMENDMENT NO. 2 TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this Agreement), is dated as of June 26, 2018, and made by and among RHP HOTEL PROPERTIES, LP, a Delaware limited partnership, (together with any permitted successors and assigns, the Borrower), RYMAN HOSPITALITY PROPERTIES, INC. (Parent), the GUARANTORS party to the Existing Credit Agreement (as defined below) (the Guarantors), the PLEDGORS party to the Pledge Agreement (as defined in the Existing Credit Agreement) (the Pledgors), the TRANCHE B TERM LENDERS (as defined in the Existing Credit Agreement) party hereto with respect to the 11.13 Amendment (as defined below) (the Consenting Tranche B Term Lenders), all of the TRANCHE B TERM LENDERS party to the Existing Credit Agreement after giving effect to the Master Assignment (as defined below) (the Current Tranche B Term Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the Administrative Agent).

Fifteenth Amendment to Third Amended and Restated Credit Agreement (August 8th, 2018)

This FIFTEENTH AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated as of June 19, 2018, is by and among COVENANT TRANSPORT, INC., a Tennessee corporation ("CTI"), CTG LEASING COMPANY, a Nevada corporation ("CTGL"), SOUTHERN REFRIGERATED TRANSPORT, INC., an Arkansas corporation ("SRT"), COVENANT ASSET MANAGEMENT, LLC, a Nevada limited liability company ("CAM"), COVENANT TRANSPORT SOLUTIONS, LLC, a Nevada limited liability company formerly known as Covenant Transport Solutions, Inc. ("CTS"), and STAR TRANSPORTATION, INC., a Tennessee corporation ("Star", and together with CTI, CTGL, SRT, CAM, and CTS, individually an "Existing Borrower" and collectively, "Existing Borrowers"), COVENANT LOGISTICS, INC., a Nevada corporation ("Logistics" or "New Borrower" and together with the Existing Borrowers, the "Borrowers"), COVENANT TRANSPORTATION GROUP, INC., a Nevada corporation and the owner (directly or indirectly) of all of the issued and outstanding capital stock

AMENDMENT NO. 8 TO THIRD AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT This AMENDMENT NO. 8 TO THIRD AMENDED AND RESTATED CREDIT AND SECURITY AGREEMENT Is Dated as of June 29, 2018 (This "Amendment"), Among AMERESCO, INC. (The "Borrower"), THE GUARANTORS PARTY HERETO (The "Guarantors" and Collectively With the Borrower, the "Loan Parties"), THE LENDERS PARTY HERETO (The "Lenders"), and BANK OF AMERICA, N.A., as Administrative Agent (The "Agent"). WHEREAS, the Loan Parties, the Lenders, and the Agent Are Parties to That Certain Third Amended and Restated Credit and Security Agreement Dated (August 8th, 2018)
Global Medical REIT Inc. – Amended and Restated Credit Agreement Dated as of August 7, 2018 Among Global Medical REIT L.P., as Borrower the Guarantors From Time to Time Party Hereto, the Lenders From Time to Time Party Hereto, and BMO Harris Bank N.A., as Administrative Agent BMO Capital Markets, Citizens Bank, N.A., SunTrust Robinson Humphrey, Inc., and KeyBank National Association as Co-Syndication Agents, Joint Lead Arrangers and Joint Book Runners (August 8th, 2018)

This Amended and Restated Credit Agreement (this "Agreement") is entered into as of August 7, 2018 by and among Global Medical REIT L.P., a Delaware limited partnership (the "Borrower"), Global Medical REIT Inc., a Maryland corporation (the "Parent" or "Global Medical REIT"), the certain Subsidiaries from time to time party to this Agreement as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, 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 REVOLVING ASSET BASED LOAN AGREEMENT, Dated as of August 2, 2018 Among THE ANDERSONS RAILCAR LEASING COMPANY LLC, as Borrower, THE ANDERSONS RAILCAR COMPANY LLC, as Guarantor THE ANDERSONS RAIL MANAGEMENT COMPANY LLC, as Initial Manager THE BANKS AND OTHER LENDING INSTITUTIONS FROM TIME TO TIME PARTY HERETO, PNC BANK, NATIONAL ASSOCIATION, as Agent, PNC BANK, NATIONAL ASSOCIATION as Collateral Agent, ING BANK, a BRANCH OF ING-DIBA AG as Syndication Agent, BANK OF MONTREAL, as Documentation Agent, and PNC CAPITAL MARKETS LLC, as Lead Arranger (August 7th, 2018)

NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual agreements of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, subject to the satisfaction of the terms and conditions set forth in this Agreement, the parties to this Agreement agree that all of the terms and conditions of the Original Loan Agreement shall be amended, restated and replaced in their entirety to provide as follows: