CREDIT AGREEMENT Dated as of May 2, 2011 among CPA 16 MERGER SUB INC. as Borrower, CORPORATE PROPERTY ASSOCIATES 16 — GLOBAL INCORPORATED and CPA 16 LLC, as Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer...Credit Agreement • May 6th, 2011 • Corporate Property Associates 16 Global Inc • Lessors of real property, nec • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of May 2, 2011 among CPA 16 MERGER SUB INC., a Maryland corporation (the “Borrower”), CORPORATE PROPERTY ASSOCIATES 16 - GLOBAL INCORPORATED, a Maryland corporation (the “REIT”) and CPA 16 LLC, a Delaware limited liability company (the “Operating Partnership”; and together with the REIT, collectively the “Parent Guarantors”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • May 6th, 2011 • Corporate Property Associates 16 Global Inc • Lessors of real property, nec • New York
THIS AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of May 2, 2011, is among CORPORATE PROPERTY ASSOCIATES 16 — GLOBAL INCORPORATED, a Maryland corporation (“CPA: 16”), CPA 16 LLC, a Delaware limited liability company of which CPA: 16 is a manage member (the “Operating LLC”), and CAREY ASSET MANAGEMENT CORP., a Delaware corporation and wholly-owned subsidiary of W. P. Carey & Co. LLC (the “Advisor”).
ASSET MANAGEMENT AGREEMENTAsset Management Agreement • May 6th, 2011 • Corporate Property Associates 16 Global Inc • Lessors of real property, nec • New York
THIS ASSET MANAGEMENT AGREEMENT, dated as of May 2, 2011, is among Corporate Property Associates 16 — Global Incorporated, a Maryland corporation (the “Company”), CPA 16 LLC, a Delaware limited liability company (the “Operating LLC”), and W.P. CAREY & Co. B.V., a Netherlands company (the “Manager”).
PLEDGE AGREEMENTPledge Agreement • May 6th, 2011 • Corporate Property Associates 16 Global Inc • Lessors of real property, nec • New York
PLEDGE AGREEMENT, dated as of May 2, 2011 (as amended, restated, modified and/or supplemented from time to time, this “Agreement”), made by each of the undersigned pledgors (together with any other entity that becomes a party hereto pursuant to Section 24(a) hereof, each a “Pledgor” and, collectively, the “Pledgors”) and each of the undersigned issuers of Pledged Securities (together with any other entity that becomes a party hereto pursuant to Section 24(b) hereof, each an “Issuer” and, collectively, the “Issuers”), in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successors and assigns in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties.
CONTINUING GUARANTYContinuing Guaranty • May 6th, 2011 • Corporate Property Associates 16 Global Inc • Lessors of real property, nec • New York
CONTINUING GUARANTY (as amended, modified, restated and/or supplemented from time to time, this “Guaranty”), dated as of May 2, 2011 made by and among each of the undersigned guarantors (each, a “Guarantor” and collectively, the “Guarantors”) in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successor administrative agent, the “Administrative Agent”), for the benefit of the Secured Parties. Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
