8-K

NNN REIT, INC. (NNN)

8-K 2021-06-25 For: 2021-06-23
View Original
Added on April 04, 2026

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report: June 23, 2021

NATIONAL RETAIL PROPERTIES, INC.

(exact name of registrant as specified in its charter)

Maryland 001-11290 56-1431377
(State or other jurisdiction of<br>incorporation or organization) (Commission<br>File Number) (I.R.S. Employment<br>Identification No.)

450 South Orange Avenue, Suite 900, Orlando, Florida 32801

(Address of principal executive offices, including zip code)

(407) 265-7348

(Registrant’s telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions

| ☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | | --- | --- || ☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | | --- | --- || ☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | | --- | --- || ☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) | | --- | --- |

Securities registered pursuant to Section 12(b) of the Act:

Title of each class Trading Symbol(s) Name of exchange on which registered
Common Stock, $0.01 par value NNN New York Stock Exchange
Depositary Shares, each representing one-hundredth of a share of 5.200% Series F Preferred Stock, $0.01 par value NNN/PF New York Stock Exchange

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition

period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Item 1.01. Entry into a Material Definitive Agreement.

National Retail Properties, Inc. (the “Company”) entered into that certain Second Amended and Restated Credit Agreement, dated as of June 23, 2021 (the “Credit Agreement”), with Wells Fargo Bank, National Association, as Administrative Agent, and a syndicate of lenders named therein. The Credit Agreement amends and restates that certain Amended and Restated Credit Agreement, dated as of May 25, 2011 (as amended, the “Existing Credit Agreement”), by and among the Company, Wells Fargo Bank, National Association, as Administrative Agent, and a syndicate of lenders named therein.

The Credit Agreement amended the terms under the Existing Credit Agreement by: (i) increasing the borrowing capacity to $1.1 billion from $900 million; (ii) maintaining the accordion feature to increase the facility size to $2.0 billion; (iii) reducing the interest rates under the tiered rate structure; and (iv) extending the termination date from January 31, 2022 to June 23, 2025. The termination date of the Credit Agreement remains subject to extensions exercisable at the option of the Company. Based on the Company’s current credit ratings, borrowings under the Credit Agreement will bear interest at a rate of LIBOR plus 77.5 basis points, which was reduced from LIBOR plus 87.5 basis points under the Existing Credit Agreement.

The Credit Agreement contains certain (a) restrictive covenants, including, but not limited to, restrictions on the incurrence of additional indebtedness and liens, the ability to make certain payments and investments and the ability to enter into certain merger, consolidation, asset sale and affiliate transactions, and (b) financial maintenance covenants, including, but not limited to, a maximum leverage ratio, a minimum fixed charge ratio and a maximum secured indebtedness ratio. The Credit Agreement also contains representations and warranties, affirmative covenants and events of default, including certain cross defaults with the Company’s other indebtedness, customary for an agreement of its type. As is customary, certain events of default could result in an acceleration of the Company’s obligations under the Credit Agreement.

The foregoing summary is not an exhaustive description of the terms of the Credit Agreement, which is attached hereto as Exhibit 10.1, and such summary is qualified in its entirety by reference to the attached Credit Agreement.

Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

The disclosure required by this Item 2.03 is included in Item 1.01 above and is incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits.

(d)Exhibits.

10.1 Second Amended and Restated Credit Agreement, dated as of June 23, 2021, by and among National Retail Properties, Inc., Wells Fargo Bank, National Association, as Administrative Agent, and a syndicate of lenders named therein.
104.1 Cover Page Interactive Data File (the Cover Page Interactive Data File is embedded within the Inline XBRL document)

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

National Retail Properties, Inc.
Dated: June 24, 2021 By: /s/ Kevin B. Habicht
Kevin B. Habicht
Executive Vice President and Chief Financial Officer

EXHIBIT INDEX

Exhibit No. Description
10.1 Second Amended and Restated Credit Agreement, dated as of June 23, 2021, by and among National Retail Properties, Inc., Wells Fargo Bank, National Association, as Administrative Agent, and a syndicate of lenders named therein.
104.1 Cover Page Interactive Data File (the Cover Page Interactive Data File is embedded within the Inline XBRL document)

Document

Exhibit 10.1

wellsfargologo.jpg Executed Version

SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Dated as of June 23, 2021

by and among

NATIONAL RETAIL PROPERTIES, INC.,

as Borrower,

THE FINANCIAL INSTITUTIONS PARTY HERETO

AND THEIR ASSIGNEES UNDER SECTION 12.6.,

as Lenders,

WELLS FARGO BANK, NATIONAL ASSOCIATION,

as Administrative Agent,

BANK OF AMERICA, N.A.,

as Syndication Agent,

Each of

WELLS FARGO SECURITIES, LLC

and

BOFA SECURITIES, INC.,

as Joint Lead Arrangers and Joint Bookrunners

Each of

TRUIST SECURITIES, INC.

PNC CAPITAL MARKETS LLC

U.S. BANK NATIONAL ASSOCIATION

and

RBC CAPITAL MARKETS,

as Joint Lead Arrangers and Documentation Agents

TABLE OF CONTENTS

Article I. Definitions 1
Section 1.1. Definitions. 1
Section 1.2. General; References to Pacific Time. 31
Section 1.3. Divisions. 32
Section 1.4. Rates. 32
Article II. Credit Facility 33
Section 2.1. Revolving Loans. 33
Section 2.2. [Reserved]. 35
Section 2.3. Letters of Credit. 35
Section 2.4. Rates and Payment of Interest on Loans. 39
Section 2.5. Number of Interest Periods. 40
Section 2.6. Repayment of Loans. 40
Section 2.7. Prepayments. 40
Section 2.8. Continuation. 41
Section 2.9. Conversion. 41
Section 2.10. Notes. 42
Section 2.11. Extension of Termination Date. 42
Section 2.12. Expiration or Maturity Date of Letters of Credit Past Termination Date. 43
Section 2.13. Voluntary Reductions of the Commitment. 43
Section 2.14. Increase of Commitments. 43
Section 2.15. Amount Limitations. 44
Section 2.16. Funds Transfer Disbursements. 44
Article III. Payments, Fees and Other General Provisions 44
Section 3.1. Payments. 44
Section 3.2. Pro Rata Treatment. 45
Section 3.3. Sharing of Payments, Etc. 46
Section 3.4. Several Obligations. 46
Section 3.5. Minimum Amounts. 46
Section 3.6. Fees. 47
Section 3.7. Computations. 48
Section 3.8. Usury. 48
Section 3.9. Statements of Account. 48
Section 3.10. Defaulting Lenders. 48
Section 3.11. Taxes. 51
Article IV. Yield Protection, Etc. 55
Section 4.1. Additional Costs; Capital Adequacy. 55
Section 4.2. Suspension of LIBOR Loans. 56
Section 4.3. Illegality. 59
Section 4.4. Compensation. 59
Section 4.5. Affected Lenders. 60
Section 4.6. Treatment of Affected Loans. 60
Section 4.7. Change of Lending Office. 60
Section 4.8. Assumptions Concerning Funding of LIBOR Loans. 61
Article V. Conditions Precedent 61
--- ---
Section 5.1. Initial Conditions Precedent. 61
Section 5.2. Conditions Precedent to All Loans and Letters of Credit. 63
Section 5.3. Conditions as Covenants. 64
Article VI. Representations and Warranties 64
Section 6.1. Representations and Warranties. 64
Section 6.2. Survival of Representations and Warranties, Etc. 71
Article VII. Affirmative Covenants 71
Section 7.1. Preservation of Existence and Similar Matters. 71
Section 7.2. Compliance with Applicable Law. 71
Section 7.3. Maintenance of Property. 71
Section 7.4. Insurance. 72
Section 7.5. Payment of Taxes and Claims. 72
Section 7.6. Inspections. 72
Section 7.7. Use of Proceeds; Letters of Credit. 72
Section 7.8. Environmental Matters. 73
Section 7.9. Books and Records. 73
Section 7.10. Further Assurances. 73
Section 7.11. New Subsidiaries /Guarantors. 73
Section 7.12. REIT Status. 74
Section 7.13. Exchange Listing. 74
Section 7.14. Compliance with Anti-Corruption Laws; Beneficial Ownership Regulation, Anti-Money Laundering Laws and Sanctions. 74
Article VIII. Information 75
Section 8.1. Quarterly Financial Statements. 75
Section 8.2. Year-End Statements. 75
Section 8.3. Compliance Certificate; Additional Information. 75
Section 8.4. Other Information. 76
Section 8.5. Electronic Delivery of Certain Information. 78
Section 8.6. Public/Private Information. 79
Section 8.7. USA Patriot Act; Anti-Money Laundering Laws. 79
Article IX. Negative Covenants 79
Section 9.1. Financial Covenants. 79
Section 9.2. Restricted Payments. 80
Section 9.3. Indebtedness. 81
Section 9.4. [Reserved]. 81
Section 9.5. Conduct of Business. 81
Section 9.6. Liens; Negative Pledges; Other Matters. 81
Section 9.7. Merger, Consolidation, Sales of Assets and Other Arrangements. 81
Section 9.8. Fiscal Year. 82
Section 9.9. Modifications of Organizational Documents. 82
Section 9.10. Transactions with Affiliates. 82
Section 9.11. ERISA Exemptions. 83
Section 9.12. Environmental Matters. 83
Section 9.13. Derivatives Contracts. 83

ii

Article X. Default 83
Section 10.1. Events of Default. 83
Section 10.2. Remedies Upon Event of Default. 86
Section 10.3. Remedies Upon Default. 87
Section 10.4. Marshaling; Payments Set Aside. 87
Section 10.5. Allocation of Proceeds. 88
Section 10.6. Collateral Account. 89
Section 10.7. Performance by Administrative Agent. 89
Section 10.8. Rights Cumulative. 90
Article XI. The Administrative Agent 90
Section 11.1. Appointment and Authorization. 90
Section 11.2. Administrative Agent’s Reliance. 91
Section 11.3. Notice of Events of Default. 91
Section 11.4. Wells Fargo as Lender. 92
Section 11.5. Approvals of Lenders. 92
Section 11.6. Lender Credit Decision, Etc. 92
Section 11.7. Indemnification of Administrative Agent. 93
Section 11.8. Successor Administrative Agent. 94
Section 11.9. Titled Agents. 94
Section 11.10. Erroneous Payments. 95
Section 11.11. Specified Derivatives Contracts. 96
Article XII. Miscellaneous 97
Section 12.1. Notices. 97
Section 12.2. Expenses. 98
Section 12.3. Stamp, Intangible and Recording Taxes. 99
Section 12.4. Setoff. 99
Section 12.5. Litigation; Jurisdiction; Other Matters; Waivers. 99
Section 12.6. Successors and Assigns. 100
Section 12.7. Amendments and Waivers. 102
Section 12.8. Nonliability of Administrative Agent and Lenders. 104
Section 12.9. Confidentiality. 104
Section 12.10. Indemnification. 105
Section 12.11. Termination; Survival. 107
Section 12.12. Severability of Provisions. 107
Section 12.13. GOVERNING LAW. 107
Section 12.14. Counterparts. 107
Section 12.15. Obligations with Respect to Loan Parties. 108
Section 12.16. Independence of Covenants. 108
Section 12.17. Limitation of Liability. 108
Section 12.18. Entire Agreement. 108
Section 12.19. Construction. 108
Section 12.20. Headings. 108
Section 12.21. No Novation; Effect of Amendment and Restatement. 109
Section 12.22. Acknowledgement and Consent to Bail-In of Affected Financial Institutions. 109
Section 12.23. Acknowledgement Regarding Any Supported QFCs. 109

iii

SCHEDULE I    Commitments

SCHEDULE 1.1(A)    Existing Letters of Credit

SCHEDULE 1.1.(B)    List of Loan Parties

SCHEDULE 6.1.(b)    Ownership Structure

SCHEDULE 6.1.(f)    Properties

SCHEDULE 6.1.(g)    Indebtedness and Guaranties; Total Liabilities

SCHEDULE 6.1.(h)    Litigation

SCHEDULE 6.1(r)    Affiliate Transactions

SCHEDULE 6.1(x)    Unencumbered Assets

EXHIBIT A    Form of Assignment and Assumption Agreement

EXHIBIT B    Form of Guaranty

EXHIBIT C    Form of Notice of Borrowing

EXHIBIT D    Form of Notice of Continuation

EXHIBIT E    Form of Notice of Conversion

EXHIBIT F    Sustainability Metric Definitions

EXHIBIT G    Form of Disbursement Instruction Agreement

EXHIBIT H    Form of Revolving Note

EXHIBIT J    Form of Sustainability Grid Notice

EXHIBIT K        Form of Compliance Certificate

EXHIBIT N        Forms of U.S. Tax Compliance Certificates

iv

THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of June 23, 2021, by and among NATIONAL RETAIL PROPERTIES, INC., a corporation formed under the laws of the State of Maryland (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 12.6. (the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION (“Administrative Agent”), WELLS FARGO SECURITIES, LLC and BOFA SECURITIES, INC., as Joint Lead Arrangers and Joint Bookrunners, BANK OF AMERICA, N.A., as the Syndication Agent (the “Syndication Agent”), each of TRUIST SECURITIES, INC., PNC CAPITAL MARKETS LLC, U.S. BANK NATIONAL ASSOCIATION AND RBC CAPITAL MARKETS, as Joint Lead Arrangers and Documentation Agents.

WHEREAS, certain of the Lenders and other financial institutions (who were “Lenders” under the Existing Credit Agreement) have made available to Borrower a revolving credit facility in the amount of $900,000,000, including a $30,000,000 letter of credit subfacility and a $20,000,000 swingline subfacility, on the terms and conditions contained in that certain Credit Agreement dated as of May 25, 2011 (as amended and in effect immediately prior to the date hereof, the “Existing Credit Agreement”) by and among the Borrower, such Lenders, certain other financial institutions (who were “Lenders” under the Existing Credit Agreement), the Administrative Agent and the other parties thereto; and

WHEREAS, the Administrative Agent and the Lenders desire to amend and restate the terms of the Existing Credit Agreement to make available to the Borrower a $1,100,000,000 revolving credit facility with a $60,000,000 letter of credit subfacility, on the terms and conditions contained herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto agree that the Existing Credit Agreement is amended and restated in its entirety as follows:

Article I. Definitions

Section 1.1 Definitions.

In addition to terms defined elsewhere herein, the following terms shall have the following meanings for the purposes of this Agreement:

“Accession Agreement” means an Accession Agreement substantially in the form of Annex I to the Guaranty.

“Additional Costs” has the meaning given that term in Section 4.1.(b).

“Administrative Agent” means Wells Fargo Bank, National Association, as contractual representative for the Issuing Bank and the Lenders under the terms of this Agreement, or any successor Administrative Agent appointed pursuant to Section 11.8.

“Administrative Questionnaire” means the Administrative Questionnaire completed by each Lender and delivered to the Administrative Agent in a form supplied by the Administrative Agent to the Lenders from time to time.

“Affected Financial Institution” means (a) any EEA Financial Institution or (b) any UK Financial Institution.

“Affiliate” means, with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the Person specified; provided, however, in no event shall the Administrative Agent, the Issuing Bank or any Lender or any of their respective Affiliates be an Affiliate of the Borrower. For purposes of this definition, “control” (including with correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

“Agreement Date” means the date as of which this Agreement is dated.

“Announcements” has the meaning assigned thereto in Section 1.4.

“Anti-Corruption Laws” means all laws, rules, and regulations of any jurisdiction applicable to the Borrower and its Subsidiaries from time to time concerning or relating to bribery or corruption, including the United States Foreign Corrupt Practices Act of 1977 and the rules and regulations thereunder and the U.K. Bribery Act 2010 and the rules and regulations thereunder.

“Anti-Money Laundering Laws” means any and all laws, statutes, regulations or obligatory government orders, decrees, ordinances or rules applicable to the Borrower and its Subsidiaries related to terrorism financing, money laundering, any predicate crime to money laundering or any financial record keeping, including any applicable provision of the USA Patriot Act (Title III of Pub. L. 107-56) and The Currency and Foreign Transactions Reporting Act (also known as the “Bank Secrecy Act,” 31 U.S.C. §§ 5311-5330 and 12 U.S.C. §§ 1818(s), 1820(b) and 1951-1959).

“Applicable Law” means all applicable provisions of constitutions, statutes, rules, regulations and orders of any Governmental Authority, including all orders and decrees of all courts, tribunals and arbitrators.

“Applicable Margin” means the percentage per annum determined, at any time, based on the range into which the Borrower’s Credit Rating then falls, in accordance with the levels in the table set forth below (each a “Level”). As of the Effective Date, the Applicable Margin is determined based on Level 2. Any change in the Borrower’s Credit Rating which would cause it to move to a different Level shall be effective as of the first day of the first calendar month immediately following receipt by the Administrative Agent of written notice delivered by the Borrower in accordance with Section 8.4.(m) that the Borrower’s Credit Rating has changed; provided, however, if the Borrower has not delivered the notice required by Section 8.4.(m) but the Administrative Agent becomes aware that the Borrower’s Credit Rating has changed, then the Administrative Agent may, in its sole discretion, adjust the Level effective as of the first day of the first calendar month following the date the Administrative Agent becomes aware that the Borrower’s Credit Rating has changed. The Borrower shall have not less than two Credit Ratings at all times, one of which shall be from S&P or Moody's. In the event that the Borrower receives only two Credit Ratings, and such Credit Ratings are not equivalent, the Applicable Margin shall be the higher of the two Credit Ratings. In the event that Borrower receives more than two Credit Ratings, and such Credit Ratings are not all equivalent, the Applicable Margin shall be (A) if the difference between the highest and the lowest such Credit Ratings is one ratings category (e.g. Baa2 by Moody's and BBB- by S&P or Fitch), the Applicable Margin shall be the rate per annum that would be applicable if the highest of the Credit Ratings were used; and (B) if the difference between the highest and the lowest such Credit Ratings is two ratings categories (e.g. Baal by Moody's and BBB- by S&P or Fitch) or more, the Applicable Margin shall be the rate per annum that would be applicable if the average of the two highest Credit Ratings were used, provided that if such average is not a recognized rating category (i.e., the difference between the Credit Ratings is an even number of ratings categories), then the Applicable Margin shall be based on the lower of the two be the rate per annum that would be applicable if the highest of the Credit Ratings were used; and (B) if the difference between the highest and the lowest such Credit Ratings is two ratings categories (e.g. Baal by Moody's and BBB- by S&P or Fitch) or more, the Applicable Margin shall be the rate per annum that would be applicable if the average of the two highest Credit Ratings were used, provided that if such average is not a recognized rating category (i.e., the difference between the Credit Ratings is an even number of ratings categories), then the Applicable Margin shall be based on the lower of the two

highest Credit Ratings.  During any period in which the Borrower does not have at least two Credit Ratings or at least one Credit Rating is not from S&P or Moody’s, the Applicable Margin shall be determined based on Level 5.

Level Borrower's Credit Rating (S&P/Moody's or equivalent) Applicable Margin for LIBOR Loans Applicable Margin for Base Rate Loans
1 A-/A3 (or equivalent) or better 0.725% 0.00%
2 BBB+/Baa1 (or equivalent) 0.775% 0.00%
3 BBB/Baa2 (or equivalent) 0.850% 0.00%
4 BBB-/Baa3 (or equivalent) 1.05% 0.05%
5 Lower than BBB-/Baa3 (or equivalent) 1.40% 0.40%

Notwithstanding the foregoing, if as of any Measurement Date (as defined in Exhibit F) the Borrower is Sustainability Metric Compliant (as defined in Exhibit F) for the Test Period (as defined in Exhibit F) ending on such Measurement Date, then from and after the fifth (5th) Business Day (to be no earlier than January 1 immediately following such Measurement Date) following the date the Borrower provides to the Administrative Agent a notice in the form of Exhibit J (the “Sustainability Grid Notice”) that the Borrower is Sustainability Metric Compliant as of such Measurement Date, the Applicable Percentage shall decrease by 0.01% (but not to below zero percent per annum) from the Applicable Percentage that would otherwise be applicable; provided that (x) at no time shall the reduction in the Applicable Percentage resulting from the delivery of the Sustainability Grid Notice exceed 0.01% and (y) on each anniversary of such change to the Applicable Percentage, the Applicable Percentage shall automatically revert to the original grid set forth above unless and until the Borrower delivers a Sustainability Grid Notice to the Administrative Agent indicating that the Borrower is Sustainability Metric Compliant as of the preceding Measurement Date.

“Approved Fund” means any Fund that is administered or managed by (a) a Lender, (b) an Affiliate of a Lender, or (c) an entity or an Affiliate of any entity that administers or manages a Lender.

“Assignee” has the meaning given that term in Section 12.6.(c).

“Assignment and Assumption Agreement” means an Assignment and Assumption Agreement among a Lender, an Assignee and the Administrative Agent, substantially in the form of Exhibit A.

“Available Tenor” means, as of any date of determination and with respect to the then-current Benchmark, as applicable, (x) if the then-current Benchmark is a term rate, any tenor for such Benchmark or (y) otherwise, any payment period for interest calculated with reference to such Benchmark, as applicable, that is or may be used for determining the length of an Interest Period pursuant to this Agreement as of such date and not including, for the avoidance of doubt, any tenor for such Benchmark that is then-removed from the definition of “Interest Period” pursuant to Section 4.2.(b)(iv).

“Bail-In Action” means the exercise of any Write-Down and Conversion Powers by the applicable Resolution Authority in respect of any liability of an Affected Financial Institution.

“Bail-In Legislation” means (a) with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament of the Council of the European Union, the implementing law, regulation, rule or requirement for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule and (b) with respect to the United Kingdom, Part I of

the United Kingdom Banking Act 2009 (as amended from time to time) and any other law, regulation or rule applicable in the United Kingdom relating to the resolution of unsound or failing banks, investment firms or other financial institutions or their Affiliates (other than through liquidation, administration or other insolvency proceedings).

“Bankruptcy Code” means the Bankruptcy Code of 1978, as amended.

“Bankruptcy Proceeding” means a case, proceeding or condition of any of the types described in Section 10.1.(f) or (g).

“Base Rate” means, at any time, the highest of (a) the Prime Rate, (b) the Federal Funds Rate plus 0.50%, (c) the LIBOR Market Index Rate plus 1.0% and (d) 1.0%; each change in the Base Rate shall take effect simultaneously with the corresponding change or changes in the Prime Rate, the Federal Funds Rate or the LIBOR Market Index Rate (provided that clause (c) shall not be applicable during any period in which LIBOR is unavailable or unascertainable).

“Base Rate Loan” means a Revolving Loan bearing interest at a rate based on the Base Rate.

“Benchmark” means, initially, USD LIBOR; provided that if a Benchmark Transition Event, a Term SOFR Transition Event, an Early Opt-in Election or an Other Benchmark Rate Election, as applicable, and its related Benchmark Replacement Date have occurred with respect to USD LIBOR or the then-current Benchmark, then “Benchmark” means the applicable Benchmark Replacement to the extent that such Benchmark Replacement has replaced such prior benchmark rate pursuant to Section 4.2.(b)(i).

“Benchmark Replacement” means, for any Available Tenor,

(a)with respect to any Benchmark Transition Event or Early Opt-in Election, the first alternative set forth in the order below that can be determined by the Administrative Agent for the applicable Benchmark Replacement Date:

(1)the sum of: (A) Term SOFR and (B) the related Benchmark Replacement Adjustment; provided, that, if the Borrower has provided a notification to the Administrative Agent in writing on or prior to such Benchmark Replacement Date that the Borrower has a Derivatives Contract in place with respect to any of the Loans as of the date of such notice (which such notification the Administrative Agent shall be entitled to rely upon and shall have no duty or obligation to ascertain the correctness or completeness of), then the Administrative Agent, in its sole discretion, may decide not to determine the Benchmark Replacement pursuant to this clause (a)(1) for such Benchmark Transition Event or Early Opt-in Election, as applicable;

(2)the sum of: (A) Daily Simple SOFR and (B) the related Benchmark Replacement Adjustment;

(3)the sum of: (A) the alternate benchmark rate that has been selected by the Administrative Agent and the Borrower as the replacement for the then-current Benchmark for the applicable Corresponding Tenor giving due consideration to (i) any selection or recommendation of a replacement benchmark rate or the mechanism for determining such a rate by the Relevant Governmental Body or (ii) any evolving or then-prevailing market convention for determining a benchmark rate as a replacement for the then-current Benchmark for Dollar-denominated syndicated credit facilities at such time and (B) the related Benchmark Replacement Adjustment;

(b)with respect to any Term SOFR Transition Event, the sum of (i) Term SOFR and (ii) the related Benchmark Replacement Adjustment; or

(c)with respect to any Other Benchmark Rate Election, the sum of: (i) the alternate benchmark rate that has been selected by the Administrative Agent and the Borrower as the replacement for the then-current Benchmark for the applicable Corresponding Tenor giving due consideration to any evolving or then-prevailing market convention for determining a benchmark rate as a replacement for the then-current Benchmark for Dollar-denominated syndicated credit facilities at such time and (ii) the related Benchmark Replacement Adjustment;

provided that, (i) in the case of clause (a)(1), if the Administrative Agent decides that Term SOFR is not administratively feasible for the Administrative Agent, then Term SOFR will be deemed unable to be determined for purposes of this definition and (ii) in the case of clause (a)(1) or clause (b) of this definition, the applicable Unadjusted Benchmark Replacement is displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion. If the Benchmark Replacement as determined pursuant to clause (a)(1), (a)(2) or (a)(3), clause (b) or clause (c) of this definition would be less than the Floor, the Benchmark Replacement will be deemed to be the Floor for the purposes of this Agreement and the other Loan Documents.

“Benchmark Replacement Adjustment” means, with respect to any replacement of the then-current Benchmark with an Unadjusted Benchmark Replacement for any applicable Interest Period and Available Tenor for any setting of such Unadjusted Benchmark Replacement:

(1)for purposes of clauses (a)(1) and (b) of the definition of “Benchmark Replacement,” an amount equal to (A) 0.11448% (11.448 basis points) for an Available Tenor of one-month’s duration, (B) 0.26161% (26.161 basis points) for an Available Tenor of three-months’ duration and (C) 0.42826% (42.826 basis points) for an Available Tenor of six-months’ duration;

(2)for purposes of clause (a)(2) of the definition of “Benchmark Replacement,” an amount equal to 0.11448% (11.448 basis points);

(3)for purposes of clause (a)(3) of the definition of “Benchmark Replacement,” the spread adjustment, or method for calculating or determining such spread adjustment, (which may be a positive or negative value or zero) that has been selected by the Administrative Agent and the Borrower giving due consideration to (i) any selection or recommendation of a spread adjustment, or method for calculating or determining such spread adjustment, for the replacement of such Available Tenor of such Benchmark with the applicable Unadjusted Benchmark Replacement by the Relevant Governmental Body on the applicable Benchmark Replacement Date or (ii) any evolving or then-prevailing market convention for determining a spread adjustment, or method for calculating or determining such spread adjustment, for the replacement of such Available Tenor of such Benchmark with the applicable Unadjusted Benchmark Replacement for Dollar-denominated syndicated credit facilities; and

(4)for purposes of clause (c) of the definition of “Benchmark Replacement,” the spread adjustment, or method for calculating or determining such spread adjustment, (which may be a positive or negative value or zero) that has been selected by the Administrative Agent and the Borrower giving due consideration to any evolving or then-prevailing market convention for determining a spread adjustment, or method for calculating or determining such spread adjustment, for the replacement of such Available Tenor of such Benchmark with the applicable Unadjusted Benchmark Replacement for Dollar-denominated syndicated credit facilities.

“Benchmark Replacement Conforming Changes” means, with respect to any Benchmark Replacement, any technical, administrative or operational changes (including changes to the definition of “Base Rate,” the definition of “Business Day,” the definition of “Interest Period,” timing and frequency of determining rates and making payments of interest, timing of borrowing requests or prepayment, conversion or continuation notices, length of lookback periods, the applicability of breakage provisions, and other technical, administrative or operational matters) that the Administrative Agent decides may be appropriate to reflect the adoption and implementation of such Benchmark Replacement and to permit the administration thereof by the Administrative Agent in a manner substantially consistent with market practice (or, if the Administrative Agent decides that adoption of any portion of such market practice is not administratively feasible or if the Administrative Agent determines that no market practice for the administration of such Benchmark Replacement exists, in such other manner of administration as the Administrative Agent decides is reasonably necessary in connection with the administration of this Agreement and the other Loan Documents).

“Benchmark Replacement Date” means the earliest to occur of the following events with respect to the then-current Benchmark:

(a)in the case of clause (a) or (b) of the definition of “Benchmark Transition Event,” the later of (a) the date of the public statement or publication of information referenced therein and (b) the date on which the administrator of such Benchmark (or the published component used in the calculation thereof) permanently or indefinitely ceases to provide all Available Tenors of such Benchmark (or such component thereof);

(b)in the case of clause (c) of the definition of “Benchmark Transition Event,” the date of the public statement or publication of information referenced therein;

(c)in the case of a Term SOFR Transition Event, the date that is thirty (30) days after the Administrative Agent has provided the Term SOFR Notice to the Lenders and the Borrower pursuant to Section 4.2.(b)(i)(B); or

(d)in the case of an Early Opt-in Election or an Other Benchmark Rate Election, the sixth (6th) Business Day after the date notice of such Early Opt-in Election or Other Benchmark Rate Election, as applicable, is provided to the Lenders, so long as the Administrative Agent has not received, by 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Early Opt-in Election or Other Benchmark Rate Election, as applicable, is provided to the Lenders, written notice of objection to such Early Opt-in Election or Other Benchmark Rate Election, as applicable, from Lenders comprising the Required Lenders.

For the avoidance of doubt, (i) if the event giving rise to the Benchmark Replacement Date occurs on the same day as, but earlier than, the Reference Time in respect of any determination, the Benchmark Replacement Date will be deemed to have occurred prior to the Reference Time for such determination and (ii) the “Benchmark Replacement Date” will be deemed to have occurred in the case of clause (a) or (b) with respect to any Benchmark upon the occurrence of the applicable event or events set forth therein with respect to all then-current Available Tenors of such Benchmark (or the published component used in the calculation thereof).

“Benchmark Transition Event” means the occurrence of one or more of the following events with respect to the then-current Benchmark:

(a)a public statement or publication of information by or on behalf of the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that such

administrator has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof), permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark (or such component thereof);

(b)a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof), the FRB, the Federal Reserve Bank of New York, an insolvency official with jurisdiction over the administrator for such Benchmark (or such component), a resolution authority with jurisdiction over the administrator for such Benchmark (or such component) or a court or an entity with similar insolvency or resolution authority over the administrator for such Benchmark (or such component), which states that the administrator of such Benchmark (or such component) has ceased or will cease to provide all Available Tenors of such Benchmark (or such component thereof) permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide any Available Tenor of such Benchmark (or such component thereof); or

(c)a public statement or publication of information by the regulatory supervisor for the administrator of such Benchmark (or the published component used in the calculation thereof) announcing that all Available Tenors of such Benchmark (or such component thereof) are no longer representative.

For the avoidance of doubt, a “Benchmark Transition Event” will be deemed to have occurred with respect to any Benchmark if a public statement or publication of information set forth above has occurred with respect to each then-current Available Tenor of such Benchmark (or the published component used in the calculation thereof).

“Benchmark Unavailability Period” means the period (if any) (x) beginning at the time that a Benchmark Replacement Date pursuant to clauses (a) or (b) of that definition has occurred if, at such time, no Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 4.2.(b) and (y) ending at the time that a Benchmark Replacement has replaced the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 4.2.(b).

“Beneficial Ownership Certification” means a certification regarding beneficial ownership as required by the Beneficial Ownership Regulation.

“Beneficial Ownership Regulation” means 31 CFR § 1010.230.

“Benefit Arrangement” means at any time an employee benefit plan within the meaning of Section 3(3) of ERISA which is not a Plan or a Multiemployer Plan and which is maintained or otherwise contributed to by any member of the ERISA Group.

“Borrower” has the meaning set forth in the introductory paragraph hereof and shall include the Borrower’s successors and permitted assigns.

“Business Day” means (i) a day of the week (but not a Saturday, Sunday or holiday) on which the offices of the Administrative Agent in San Francisco, California are open to the public for carrying on substantially all of the Administrative Agent’s business functions, and (ii) if such day relates to a LIBOR Loan, any such day that is also a day on which dealings in Dollar deposits are carried on in the London interbank market. Unless specifically referenced in this Agreement as a Business Day, all references to “days” shall be to calendar days.

“Capitalization Rate” means 7.00%.

“Capitalized Lease Obligation” means obligations under a lease that are required to be capitalized for financial reporting purposes in accordance with GAAP. The amount of a Capitalized Lease Obligation is the capitalized amount of such obligation as would be required to be reflected on a balance sheet of the applicable Person prepared in accordance with GAAP as of the applicable date.

“Cash Collateralize” means, to pledge and deposit with or deliver to the Administrative Agent, for the benefit of the Issuing Bank or the Lenders, as collateral for Letter of Credit Liabilities or obligations of Lenders to fund participations in respect of Letter of Credit Liabilities, cash or deposit account balances or, if the Administrative Agent and the Issuing Bank shall agree in their sole discretion, other credit support, in each case pursuant to documentation in form and substance satisfactory to the Administrative Agent and the Issuing Bank. “Cash Collateral” shall have a meaning correlative to the foregoing and shall include the proceeds of such cash collateral and other credit support.

“Cash Equivalents” means: (a) securities issued, guaranteed or insured by the United States of America or any of its agencies with maturities of not more than one year from the date acquired; (b) certificates of deposit with maturities of not more than one year from the date acquired issued by a United States federal or state chartered commercial bank of recognized standing, or a commercial bank organized under the laws of any other country which is a member of the Organization for Economic Cooperation and Development, or a political subdivision of any such country, acting through a branch or agency, which bank has capital and unimpaired surplus in excess of $500,000,000.00 and which bank or its holding company has a short-term commercial paper rating of at least A-2 or the equivalent by S&P or at least P-2 or the equivalent by Moody’s; (c) reverse repurchase agreements with terms of not more than 7 days from the date acquired, for securities of the type described in clause (a) above and entered into only with commercial banks having the qualifications described in clause (b) above; (d) commercial paper issued by any Person incorporated under the laws of the United States of America or any State thereof and rated at least A-2 or the equivalent thereof by S&P or at least P-2 or the equivalent thereof by Moody’s, in each case with maturities of not more than one year from the date acquired; and (e) investments in money market funds registered under the Investment Company Act of 1940, as amended, which have net assets of at least $500,000,000.00 and at least 85.0% of whose assets consist of securities and other obligations of the type described in clauses (a) through (d) above.

“Collateral Account” means a special deposit account maintained by the Administrative Agent and under its sole dominion and control.

“Commitment” means, as to each Lender, such Lender’s obligation (a) to make Revolving Loans pursuant to Section 2.1. and (b) to issue (in the case of the Lender then acting as Issuing Bank) or participate in (in the case of the other Lenders) Letters of Credit pursuant to Section 2.3.(a) and 2.3.(i), respectively (but in the case of the Lender acting as the Issuing Bank excluding the aggregate amount of participations in the Letters of Credit held by the other Lenders), collectively, in an amount up to, but not exceeding, the amount set forth for such Lender on Schedule I hereto as such Lender’s “Commitment Amount” or as set forth in the applicable Assignment and Acceptance Agreement, as the same may be reduced from time to time pursuant to Section 2.13. or increased or reduced as appropriate to reflect any assignments to or by such Lender effected in accordance with Section 12.6.

“Commitment Percentage” means, as to each Lender, the ratio, expressed as a percentage, of (a) the amount of such Lender’s Commitment to (b) the aggregate amount of the Commitments of all Lenders hereunder; provided, however, that if at the time of determination the Commitments have terminated or been reduced to zero, the “Commitment Percentage” of each Lender shall be the Commitment Percentage of such Lender in effect immediately prior to such termination or reduction.

“Commodity Exchange Act” means the Commodity Exchange Act (7 U.S.C. § 1 et seq.).

“Compliance Certificate” has the meaning given that term in Section 8.3.

“Construction Budget” means the fully budgeted costs associated with the acquisition and construction of real property (including, but not limited to, the cost of acquiring such real property) as reasonably determined by the Borrower in good faith.

“Continue”, “Continuation” and “Continued” each refers to the continuation of a LIBOR Loan from one Interest Period to another Interest Period pursuant to Section 2.8.

“Convert”, “Conversion” and “Converted” each refers to the conversion of a Loan of one Type into a Loan of another Type pursuant to Section 2.9.

“Corresponding Tenor” with respect to any Available Tenor means, as applicable, either a tenor (including overnight) or an interest payment period having approximately the same length (disregarding business day adjustment) as such Available Tenor.

“Credit Event” means any of the following: (a) the making (or deemed making) of any Loan, (b) the Conversion of a Loan, (c) the Continuation of a LIBOR Loan and (d) the issuance of a Letter of Credit.

“Credit Rating” means the rating assigned by a Rating Agency to the senior unsecured long term indebtedness of a Person.

“Daily Simple SOFR” means, for any day, SOFR, with the conventions for this rate (which will include a lookback) being established by the Administrative Agent in accordance with the conventions for this rate selected or recommended by the Relevant Governmental Body for determining “Daily Simple SOFR” for syndicated business loans; provided, that if the Administrative Agent decides that any such convention is not administratively feasible for the Administrative Agent, then the Administrative Agent may establish another convention in its reasonable discretion.

“Debtor Relief Laws” means the Bankruptcy Code, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar Applicable Laws relating to the relief of debtors in the United States of America or other applicable jurisdictions from time to time in effect.

“Default” means any of the events specified in Section 10.1., whether or not there has been satisfied any requirement for the giving of notice, the lapse of time, or both.

“Defaulting Lender” means, subject to Section 3.10.(f), any Lender that (a) has failed to (i) fund all or any portion of its Loans within 2 Business Days of the date such Loans were required to be funded hereunder unless such Lender notifies the Administrative Agent and the Borrower in writing that such failure is the result of such Lender’s determination that one or more conditions precedent to funding (each of which conditions precedent, together with any applicable default, shall be specifically identified in such writing) has not been satisfied, or (ii) pay to the Administrative Agent, the Issuing Bank or any other Lender any other amount required to be paid by it hereunder (including in respect of its participation in Letters of Credit) within 2 Business Days of the date when due, (b) has notified the Borrower, the Administrative Agent or the Issuing Bank in writing that it does not intend to comply with its funding obligations hereunder,

or has made a public statement to that effect (unless such writing or public statement relates to such Lender’s obligation to fund a Loan hereunder and states that such position is based on such Lender’s determination that a condition precedent to funding (which condition precedent, together with any applicable default, shall be specifically identified in such writing or public statement) cannot be satisfied), (c) has failed, within 3 Business Days after written request by the Administrative Agent or the Borrower, to confirm in writing to the Administrative Agent and the Borrower that it will comply with its prospective funding obligations hereunder (provided that such Lender shall cease to be a Defaulting Lender pursuant to this clause (c) upon receipt of such written confirmation by the Administrative Agent and the Borrower), or (d) has, or has a direct or indirect parent company that has, (i) become the subject of a proceeding under any Debtor Relief Law, (ii) had appointed for it a receiver, custodian, conservator, trustee, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or assets, including the Federal Deposit Insurance Corporation or any other state or federal regulatory authority acting in such a capacity or (iii) become the subject of a Bail-In Action; provided that a Lender shall not be a Defaulting Lender solely by virtue of the ownership or acquisition of any equity interest in that Lender or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide such Lender with immunity from the jurisdiction of courts within the United States of America or from the enforcement of judgments or writs of attachment on its assets or permit such Lender (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with such Lender. Any determination by the Administrative Agent that a Lender is a Defaulting Lender under clauses (a) through (d) above shall be conclusive and binding absent manifest error, and such Lender shall be deemed to be a Defaulting Lender (subject to Section 3.10.(f)) upon delivery of written notice of such determination to the Borrower, the Issuing Bank and each Lender.

“Derivatives Contract” means any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions, commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond or bond price or bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross-currency rate swap transactions, currency options, spot contracts, or any other similar transactions or any combination of any of the foregoing (including any options to enter into any of the foregoing), whether or not any such transaction is governed by or subject to any master agreement. Not in limitation of the foregoing, the term “Derivatives Contract” includes any and all transactions of any kind, and the related confirmations, which are subject to the terms and conditions of, or governed by, any form of master agreement published by the International Swaps and Derivatives Association, Inc., any International Foreign Exchange Master Agreement, or any other master agreement, including any such obligations or liabilities under any such master agreement.

“Derivatives Termination Value” means, in respect of any one or more Derivatives Contracts, after taking into account the effect of any legally enforceable netting agreement relating to such Derivatives Contracts, (a) for any date on or after the date such Derivatives Contracts have been closed out and termination value(s) determined in accordance therewith, such termination value(s), and (b) for any date prior to the date referenced in clause (a) the amount(s) determined as the mark-to-market value(s) for such Derivatives Contracts, as determined based upon one or more mid-market or other readily available quotations provided by any recognized dealer in such Derivatives Contracts (which may include the Administrative Agent or any Lender).

“Disbursement Instruction Agreement” means an agreement substantially in the form of Exhibit G to be executed and delivered by the Borrower, as the same may be amended, restated or modified from time to time with the prior written approval of the Administrative Agent.

“Dollars” or “$” means the lawful currency of the United States of America.

“Early Opt-in Election” means, if the then-current Benchmark is USD LIBOR, the occurrence of:

(1)a notification by the Administrative Agent to (or the request by the Borrower to the Administrative Agent to notify) each of the other parties hereto that at least five currently outstanding Dollar-denominated syndicated credit facilities at such time contain (as a result of amendment or as originally executed) a SOFR-based rate (including SOFR, a term SOFR or any other rate based upon SOFR) as a benchmark rate (and such syndicated credit facilities are identified in such notice and are publicly available for review), and

(2)the joint election by the Administrative Agent and the Borrower to trigger a fallback from USD LIBOR and the provision by the Administrative Agent of written notice of such election to the Lenders.

“EBITDA” means, with respect to a Person for any period (without duplication): (a) net income (loss) (prior to Preferred Dividends and minority interests) of such Person for such period determined on a consolidated basis, in accordance with GAAP, exclusive of the following (but only to the extent included in determination of such net income (loss)): (i) depreciation and amortization expense and other non-cash charges; (ii) Interest Expense (without giving effect to clause (c) of the definition thereof); (iii) income tax expense or benefit; (iv) asset impairment and restructuring charges; (v) gains and losses from the extinguishment of debt and interest rate hedges, and (vi) extraordinary or non-recurring gains and losses (but excluding lost revenues), including without limitation, gains and losses from the sale of Properties; plus (b) such Person’s pro rata share of EBITDA of its Unconsolidated Affiliates. EBITDA shall be adjusted to remove any impact from straight line rent leveling adjustments required under GAAP and amortization of intangibles pursuant to Statement of the Financial Accounting Standards No. 141 and include any principal component of payments received under Finance Leases.

“EEA Financial Institution” means (a) any credit institution or investment firm established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, (b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any financial institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent.

“EEA Member Country” means any of the member states of the European Union, Iceland, Liechtenstein, and Norway.

“EEA Resolution Authority” means any public administrative authority or any person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any credit institution or investment firm established in any EEA Member Country.

“Effective Date” means the later of (a) the Agreement Date and (b) the date on which all of the conditions precedent set forth in Section 5.1. shall have been fulfilled or waived in writing by the Requisite Lenders.

“Eligible Assignee” means (a) a Lender, (b) an Affiliate of a Lender, (c) an Approved Fund and (d) any other Person (other than a natural person (or holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person)) approved by (i) the Administrative Agent and (ii) unless a Default or Event of Default exists, the Borrower (each such approval not to be unreasonably

withheld or delayed); provided that notwithstanding the foregoing, “Eligible Assignee” shall not include the Borrower or any of the Borrower’s Affiliates or Subsidiaries or a Defaulting Lender.

“Eligible Mortgage Note Receivable” means a promissory note which satisfies all of the following requirements: (a) such promissory note is owned solely by the Borrower or a Wholly Owned Subsidiary; (b) such promissory note is secured by a first priority Mortgage; (c) neither such promissory note, nor any interest of the Borrower or such Subsidiary therein, is subject to (i) any Lien other than Permitted Liens of the types described in clauses (a) through (c) of the definition thereof or (ii) any Negative Pledge; (d) the real property subject to such Mortgage is not subject to any other Lien other than Permitted Liens of the types described in clauses (a) through (c) of the definition thereof; (e) the real property subject to such Mortgage is free of all structural defects, environmental conditions or other adverse matters except for defects, conditions or matters individually or collectively which are not material to the profitable operation of such real property; (f) such real property is occupied and is in operation (or will be in operation after the completion of construction (which is otherwise permitted hereunder) with respect to such real property); (g) any required principal, interest or other payment due under such promissory note is not more than 60 days past due; and (h) there exists no default or event of default under such promissory note.

“Environmental Laws” means any Applicable Law relating to environmental protection or the manufacture, storage, remediation, disposal or clean-up of Hazardous Materials including, without limitation, the following: Clean Air Act, 42 U.S.C. § 7401 et seq.; Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; National Environmental Policy Act, 42 U.S.C. § 4321 et seq.; regulations of the Environmental Protection Agency, any applicable rule of common law and any judicial interpretation thereof relating primarily to the environment or Hazardous Materials, and any analogous or comparable state or local laws, regulations or ordinances that concern Hazardous Materials or protection of the environment.

“Equity Interest” means, with respect to any Person, any share of capital stock of (or other ownership or profit interests in) such Person, any warrant, option or other right for the purchase or other acquisition from such Person of any share of capital stock of (or other ownership or profit interests in) such Person whether or not certificated, any security convertible into or exchangeable for any share of capital stock of (or other ownership or profit interests in) such Person or warrant, right or option for the purchase or other acquisition from such Person of such shares (or such other interests), and any other ownership or profit interest in such Person (including, without limitation, partnership, member or trust interests therein), whether voting or nonvoting, and whether or not such share, warrant, option, right or other interest is authorized or otherwise existing on any date of determination.

“Equity Issuance” means any issuance or sale by a Person of any Equity Interest in such Person and shall in any event include the issuance of any Equity Interest upon the conversion or exchange of any security constituting Indebtedness that is convertible or exchangeable, or is being converted or exchanged, for Equity Interests.

“ERISA” means the Employee Retirement Income Security Act of 1974, as in effect from time to time.

“ERISA Event” means, with respect to the ERISA Group, (a) any “reportable event” as defined in Section 4043 of ERISA with respect to a Plan (other than an event for which the 30-day notice period is waived); (b) the withdrawal of a member of the ERISA Group from a Plan subject to Section 4063 of ERISA during a plan year in which it was a “substantial employer” as defined in Section 4001(a)(2) of ERISA or a cessation of operations that is treated as such a withdrawal under Section 4062(e) of ERISA;

(c) the incurrence by a member of the ERISA Group of any liability with respect to the withdrawal or partial withdrawal from any Multiemployer Plan; (d) the incurrence by any member of the ERISA Group of any liability under Title IV of ERISA with respect to the termination of any Plan or Multiemployer Plan; (e) the institution of proceedings to terminate a Plan or Multiemployer Plan by the PBGC; (f) the failure by any member of the ERISA Group to make when due required contributions to a Multiemployer Plan or Plan unless such failure is cured within 30 days or the filing pursuant to Section 412(c) of the Internal Revenue Code or Section 302(c) of ERISA of an application for a waiver of the minimum funding standard; (g) any other event or condition that might reasonably be expected to constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan or Multiemployer Plan or for the imposition of liability under Section 4069 or 4212(c) of ERISA; (h) the receipt by any member of the ERISA Group of any notice or the receipt by any Multiemployer Plan from any member of the ERISA Group of any notice, concerning the imposition of Withdrawal Liability or a determination that a Multiemployer Plan is, or is expected to be, insolvent (within the meaning of Section 4245 of ERISA), in reorganization (within the meaning of Section 4241 of ERISA), or in “critical” status (within the meaning of Section 432 of the Internal Revenue Code or Section 305 of ERISA); (i)  the imposition of any liability under Title IV of ERISA, other than for PBGC premiums due but not delinquent under Section 4007 of ERISA, upon any member of the ERISA Group or the imposition of any Lien in favor of the PBGC under Title IV of ERISA; or (j) a determination that a Plan is, or is reasonably expected to be, in “at risk” status (within the meaning of Section 430 of the Internal Revenue Code or Section 303 of ERISA).

“ERISA Group” means the Borrower, any Subsidiary and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control, which, together with the Borrower or any Subsidiary, are treated as a single employer under Section 414 of the Internal Revenue Code.

“Erroneous Payment” has the meaning assigned thereto in Section 11.10(a).

“Erroneous Payment Deficiency Assignment” has the meaning assigned thereto in Section 11.10(d).

“Erroneous Payment Impacted Class” has the meaning assigned thereto in Section 11.10(d).

“Erroneous Payment Return Deficiency” has the meaning assigned thereto in Section 11.10(d).

“EU Bail-In Legislation Schedule” means the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor person), as in effect from time to time.

“Eurodollar Reserve Percentage” means, for any day, the percentage which is in effect for such day as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the maximum reserve requirement (including, without limitation, any basic, supplemental or emergency reserves) in respect of eurocurrency liabilities or any similar category of liabilities for a member bank of the Federal Reserve System in New York City.

“Event of Default” means any of the events specified in Section 10.1., provided that any requirement for notice or lapse of time or any other condition has been satisfied.

“Excluded Asset” means either a lease by the Borrower or any Subsidiary, as lessor, of a real property asset, or a promissory note held by the Borrower or any Subsidiary which is secured by a Mortgage on real property, in either case where (a) any required base rental payment, or principal or interest payment, as the case may be, is more than 60 days past due or (b) in the case of a lease wherein the tenant is the subject of a Bankruptcy Proceeding, such lease has been rejected in bankruptcy; provided that assets with

respect to real property subject to a lease rejected in bankruptcy shall cease to be considered Excluded Assets once such real property has been re-leased to a third-party which is not otherwise subject to clause (a) or (b) above.

“Excluded Subsidiary” means any Subsidiary (a) either (i) holding title to assets which are or are to become collateral for any Secured Indebtedness of such Subsidiary which is prohibited from Guarantying the Indebtedness of any other Person pursuant to (x) any document, instrument or agreement evidencing such Secured Indebtedness or (y) a provision of such Subsidiary’s organizational documents which provision was included in such Subsidiary’s organizational documents as a condition to the extension of such Secured Indebtedness or (ii) that is not a Wholly Owned Subsidiary and cannot become a party to the Guaranty without violating terms of its articles of incorporation, operating agreement, partnership agreement, declaration of trust, shareholders agreement, member agreement or other similar organizational document, which terms expressly prohibit such Subsidiary from providing Guarantees of Indebtedness of any other Person and (b) for which none of the Borrower, any Subsidiary (other than another Excluded Subsidiary) or any other Loan Party has Guaranteed any of the Indebtedness of such Subsidiary (except for guarantees of customary exceptions for fraud, misapplication of funds, environmental indemnities and other similar exceptions to non-recourse liability (but not exceptions relating to bankruptcy, insolvency, receivership or other similar events)) or has any direct obligation to maintain or preserve such Subsidiary’s financial condition or to cause such Subsidiary to achieve any specified levels of operating results. A Subsidiary shall remain an Excluded Subsidiary for so long as (A) the above requirements are satisfied and (B) such Subsidiary does not Guarantee any Indebtedness of any Person (other than another Excluded Subsidiary).

“Excluded Swap Obligation” means, with respect to any Loan Party, any Swap Obligation if, and to the extent that, all or a portion of the liability of such Loan Party for or the Guarantee of such Loan Party of, or the grant by such Loan Party of a Lien to secure, such Swap Obligation (or any liability or guarantee thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof) by virtue of such Loan Party’s failure for any reason to constitute an “eligible contract participant” as defined in the Commodity Exchange Act and the regulations thereunder at the time the liability for or the Guarantee of such Loan Party or the grant of such Lien becomes effective with respect to such Swap Obligation (such determination being made after giving effect to any applicable keepwell, support or other agreement for the benefit of the applicable Loan Party, including under Section 31 of the Guaranty). If a Swap Obligation arises under a master agreement governing more than one swap, such exclusion shall apply only to the portion of such Swap Obligation that is attributable to swaps for which such Guarantee or Lien is or becomes illegal for the reasons identified in the immediately preceding sentence of this definition.

“Excluded Taxes” means any of the following Taxes imposed on or with respect to a Recipient or required to be withheld or deducted from a payment to a Recipient, (a) Taxes imposed on or measured by net income (however denominated), franchise Taxes, and branch profits Taxes, in each case, (i) imposed as a result of such Recipient being organized under the laws of, or having its principal office or, in the case of any Lender, its applicable Lending Office located in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (ii) that are Other Connection Taxes, (b) in the case of a Lender, U.S. federal withholding Taxes imposed on amounts payable to or for the account of such Lender with respect to an applicable interest in a Loan or Commitment pursuant to an Applicable Law in effect on the date on which (i) such Lender acquires such interest in the Loan or Commitment (other than pursuant to an assignment request by the Borrower under Section 4.5.) or (ii) such Lender changes its lending office, except in each case to the extent that, pursuant to Section 3.10., amounts with respect to such Taxes were payable either to such Lender’s assignor immediately before such Lender became a party hereto or to such Lender immediately before it changed its lending office, (c) Taxes attributable to such Recipient’s failure to comply with Section 3.10. (g) and (d) any U.S. federal withholding Taxes imposed under FATCA.

“Existing Credit Agreement” has the meaning given in the recitals hereto.

“Existing Letters of Credit” means each of the letters of credit issued by the Issuing Banks under the Existing Credit Agreement and described on Schedule 1.1(A).

“Facility Fee” means the percentage set forth in the table below corresponding to the Level at which the “Applicable Margin” is determined in accordance with the definition thereof:

Level Facility Fee
1 0.125%
2 0.150%
3 0.200%
4 0.250%
5 0.300%

Any change in the applicable Level at which the Applicable Margin is determined shall result in a corresponding and simultaneous change in the Facility Fee.

“Fair Market Value” means, with respect to (a) a security listed on a national securities exchange or the NASDAQ National Market, the price of such security as reported on such exchange by any widely recognized reporting method customarily relied upon by financial institutions and (b) with respect to any other property, the price which could be negotiated in an arm's-length free market transaction, for cash, between a willing seller and a willing buyer, neither of which is under pressure or compulsion to complete the transaction.

“FASB ASC” means the Accounting Standards Codification of the Financial Accounting Standards Board.

“FCA” has the meaning assigned thereto in Section 1.4.

“Federal Funds Rate” means, for any period, a fluctuating interest rate per annum equal for each day during such period to the weighted average of the rates on overnight Federal funds transactions with members of the Federal Reserve System, as published for such day (or, if such day is not a Business Day, for the immediately preceding Business Day) by the Federal Reserve Bank of New York, or, if such rate is not so published for any day which is a Business Day, the average of the quotations for such day on such transactions received by the Administrative Agent from three Federal Funds brokers of recognized standing selected by the Administrative Agent. If the Federal Funds Rate determined as provided above would be less than zero, the Federal Funds Rate shall be deemed to be zero.

“Fee Letter” means that certain fee letter dated as of May 12, 2021, by and among the Borrower, the Administrative Agent and the other parties thereto.

“Fees” means the fees and commissions provided for or referred to in Section 3.6. and any other fees payable by the Borrower hereunder, under any other Loan Document or under the Fee Letter.

“Finance Lease” means a lease of a real property asset which would be categorized as a capital lease under GAAP.

“Fitch” means Fitch, Inc. and its successors.

“Fixed Charges” means, for any period, the sum of (a) Interest Expense for such period, (b) all regularly scheduled principal payments made with respect to Indebtedness of the Borrower and its Subsidiaries during such period, other than any balloon, bullet or similar principal payment which repays such Indebtedness in full, and (c) all Preferred Dividends paid during such period. The Borrower’s pro rata share of the Fixed Charges of Unconsolidated Affiliates of the Borrower shall be included in determinations of Fixed Charges.

“Floor” means the benchmark rate floor, if any, provided in this Agreement initially (as of the execution of this Agreement, the modification, amendment or renewal of this Agreement or otherwise) with respect to USD LIBOR.

“Foreign Lender” means (a) if the Borrower is a U.S. Person, a Lender that is not a U.S. Person, and (b) if the Borrower is not a U.S. Person, a Lender that is resident or organized under the laws of a jurisdiction other than that in which the Borrower is resident for tax purposes.

“FRB” means the Board of Governors of the Federal Reserve System of the United States.

“Fronting Exposure” means, at any time there is a Defaulting Lender, with respect to the Issuing Bank, such Defaulting Lender’s Commitment Percentage of the outstanding Letter of Credit Liabilities other than Letter of Credit Liabilities as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or Cash Collateralized in accordance with the terms hereof,.

“Fund” means any Person (other than a natural person) that is (or will be) engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its business.

“GAAP” means generally accepted accounting principles in the United States of America set forth in the opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board (including Statement of Financial Accounting Standards No. 168, “The FASB Accounting Standards Codification”) or in such other statements by such other entity as may be approved by a significant segment of the accounting profession in the United States of America, which are applicable to the circumstances as of the date of determination.

“Governmental Approvals” means all authorizations, consents, approvals, licenses and exemptions of, registrations and filings with, and reports to, all Governmental Authorities.

“Governmental Authority” means any national, state or local government (whether domestic or foreign), any political subdivision thereof or any other governmental, quasi-governmental, judicial, administrative, public or statutory instrumentality, authority, body, agency, bureau, commission, board, department or other entity (including, without limitation, the Federal Deposit Insurance Corporation, the Comptroller of the Currency or the Federal Reserve Board, any central bank or any comparable authority) or any arbitrator with authority to bind a party at law.

“Gross Lease Revenues” means, for a given period, the aggregate gross revenue and tenant reimbursements of the Borrower and its Subsidiaries from leases of real property assets, (a) excluding with respect to such leases that are not Finance Leases, straight line rent adjustments (reported in the consolidated financial statements of the Borrower and its Subsidiaries for purposes of GAAP) in respect of such leases

for such period, and (b) including the principal component of all payments actually received in respect of Finance Leases during such period. The Borrower’s pro rata share of the aggregate gross revenue from leases of real property assets of any Unconsolidated Affiliate of the Borrower shall be included.

“Guaranteed Obligations” means, collectively, (a) the Obligations and (b) all existing or future payment and other obligations owing by any Loan Party under any Specified Derivatives Contract (other than any Excluded Swap Obligation).

“Guarantor” means any Person that is a party to the Guaranty as a “Guarantor”.

“Guaranty”, “Guaranteed”, “Guarantying” or to “Guarantee” as applied to any obligation means and includes: (a) a guaranty (other than by endorsement of negotiable instruments for collection in the ordinary course of business), directly or indirectly, in any manner, of any part or all of such obligation, or (b) an agreement, direct or indirect, contingent or otherwise, and whether or not constituting a guaranty, the practical effect of which is to assure the payment or performance (or payment of damages in the event of nonperformance) of any part or all of such obligation whether by: (i) the purchase of securities or obligations, (ii) the purchase, sale or lease (as lessee or lessor) of property or the purchase or sale of services primarily for the purpose of enabling the obligor with respect to such obligation to make any payment or performance (or payment of damages in the event of nonperformance) of or on account of any part or all of such obligation, or to assure the owner of such obligation against loss, (iii) the supplying of funds to or in any other manner investing in the obligor with respect to such obligation, (iv) repayment of amounts drawn down by beneficiaries of letters of credit (including Letters of Credit), or (v) the supplying of funds to or investing in a Person on account of all or any part of such Person’s obligation under a Guaranty of any obligation or indemnifying or holding harmless, in any way, such Person against any part or all of such obligation. As the context requires, “Guaranty” shall also mean the Guaranty to which the Guarantors are parties substantially in the form of Exhibit B.

“Hazardous Materials” means all or any of the following: (a) substances that are defined or listed in, or otherwise classified pursuant to, any applicable Environmental Laws as “hazardous substances”, “hazardous materials”, “hazardous wastes”, “toxic substances” or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, reproductive toxicity, “TCLP” toxicity, or “EP toxicity”; (b) oil, petroleum or petroleum derived substances, natural gas, natural gas liquids or synthetic gas and drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resources; (c) any flammable substances or explosives or any radioactive materials; (d) asbestos in any form; (e) toxic mold; and (f) electrical equipment which contains any oil or dielectric fluid containing levels of polychlorinated biphenyls in excess of fifty parts per million.

“IBA” has the meaning assigned thereto in Section 1.4.

“Indebtedness” means, with respect to a Person, at the time of computation thereof, all of the following (without duplication): (a) all obligations of such Person in respect of money borrowed; (b) all obligations of such Person, whether or not for money borrowed (i) represented by notes payable, or drafts accepted, in each case representing extensions of credit, (ii) evidenced by bonds, debentures, notes or similar instruments, or (iii) constituting purchase money indebtedness, conditional sales contracts, title retention debt instruments or other similar instruments, upon which interest charges are customarily paid or that are issued or assumed as full or partial payment for property or services rendered; (c) Capitalized Lease Obligations of such Person; (d) all reimbursement obligations of such Person under or in respect of any letters of credit or acceptances (whether or not the same have been presented for payment); (e) all obligations of such Person to purchase, redeem, retire, defease or otherwise make any payment in respect of any Mandatorily Redeemable Stock issued by such Person or any other Person, valued at the greater of

its voluntary or involuntary liquidation preference plus accrued and unpaid dividends; (f) all obligations of such Person in respect of any purchase obligation, repurchase obligation, takeout commitment or forward equity commitment, in each case evidenced by a binding agreement (excluding any such obligation to the extent the obligation can be satisfied by the issuance of Equity Interests (other than Mandatorily Redeemable Stock)); (g) net obligations under any Derivatives Contract not entered into as a hedge against existing Indebtedness, in an amount equal to the Derivatives Termination Value thereof; (h) all Indebtedness of other Persons which such Person has guaranteed or is otherwise recourse to such Person (except for guaranties of customary exceptions for fraud, misapplication of funds, environmental indemnities and other similar exceptions to non-recourse liability (but not exceptions relating to bankruptcy, insolvency, receivership or other similar events)); (i) all Indebtedness of another Person secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property or assets owned by such Person, even though such Person has not assumed or become liable for the payment of such Indebtedness or other payment obligation; and (j) such Person’s pro rata share of the Indebtedness of any Unconsolidated Affiliate of such Person. Indebtedness of any Person shall include Indebtedness of any partnership or joint venture in which such Person is a general partner or joint venturer to the extent of such Person’s pro rata share of the ownership of such partnership or joint venture (except if such Indebtedness, or portion thereof, is recourse to such Person, in which case the greater of such Person’s pro rata portion of such Indebtedness or the amount of the recourse portion of the Indebtedness, shall be included as Indebtedness of such Person). All Loans and Letter of Credit Liabilities shall constitute Indebtedness of the Borrower.

“Indemnified Taxes” means (a) Taxes, other than Excluded Taxes, imposed on or with respect to any payment made by or on account of any obligation of the Borrower or any other Loan Party under any Loan Document and (b) to the extent not otherwise described in the immediately preceding clause (a), Other Taxes.

“Intellectual Property” has the meaning given that term in Section 6.1.(s).

“Interest Expense” means, for any period, without duplication, (a) total interest expense of the Borrower and its Subsidiaries, including capitalized interest not funded under a construction loan interest reserve account, determined on a consolidated basis in accordance with GAAP for such period, plus (b) the Borrower’s pro rata share of Interest Expense of Unconsolidated Affiliates for such period less (c) non-cash interest expense from convertible debt pursuant to Financial Accounting Standards Board Staff Position No. APB 14-1.

“Interest Period” means with respect to any LIBOR Loan, each period commencing on the date such LIBOR Loan is made, or in the case of the Continuation of a LIBOR Loan the last day of the immediately preceding Interest Period for such Loan, and ending one week thereafter (if available from all of the Lenders) or on the numerically corresponding day in the first, third or sixth calendar month thereafter, as the Borrower may select in a Notice of Borrowing, Notice of Continuation or Notice of Conversion, as the case may be, except that each Interest Period (other than an Interest Period having a duration of one week) that commences on the last Business Day of a calendar month (or on a day of a month for which there is no numerically corresponding day in the appropriate subsequent calendar month) shall end on the last Business Day of the appropriate subsequent calendar month. Notwithstanding the foregoing: (i) if any Interest Period would otherwise end after the Termination Date, such Interest Period shall end on the Termination Date; and (ii) each Interest Period that would otherwise end on a day which is not a Business Day shall end on the immediately following Business Day (or, if such immediately following Business Day falls in the next calendar month, on the immediately preceding Business Day).

“Internal Revenue Code” means the Internal Revenue Code of 1986, as amended.

“Investment” means, with respect to any Person, any acquisition or investment (whether or not of a controlling interest) by such Person, by means of any of the following: (a) the purchase or other acquisition of any Equity Interest in another Person, (b) a loan, advance or extension of credit to, capital contribution to, Guaranty of Indebtedness of, or purchase or other acquisition of any Indebtedness of, another Person, including any partnership or joint venture interest in such other Person, or (c) the purchase or other acquisition (in one transaction or a series of transactions) of assets of another Person that constitute the business or a division or operating unit of another Person. Any binding commitment to make an Investment in any other Person, as well as any option of another Person to require an Investment in such Person, shall constitute an Investment. Except as expressly provided otherwise, for purposes of determining compliance with any covenant contained in a Loan Document, the amount of any Investment shall be the amount actually invested, without adjustment for subsequent increases or decreases in the value of such Investment.

“Issuing Bank” means each of (a) Wells Fargo and Bank of America, N.A. and (b) any other Lender that becomes an Issuing Bank in accordance with Section 2.3.(l) following the Effective Date, in each case, in its capacity as an issuer of Letters of Credit hereunder, or any successor issuer of Letters of Credit hereunder and, in the case of this clause (b), subject to such Lender’s acceptance of such appointment. Any reference to “Issuing Bank” herein shall be to the applicable Issuing Bank or all Issuing Banks, as the context may require.

“Issuing Bank Commitment” means, with respect to an Issuing Bank, the aggregate Stated Amount of Letters of Credit that such Issuing Bank has agreed, in writing, to provide subject to the terms and conditions set forth in this Agreement. As of the Effective Date the amount of the Issuing Bank Commitment of each of Wells Fargo and Bank of America, N.A. is $30,000,000.

“L/C Commitment Amount” equals $60,000,000.

“Lender” means each financial institution from time to time party hereto as a “Lender”, together with its respective successors and permitted assigns; provided, however, that the term “Lender” shall not include any Lender (or its Affiliates) in its capacity as a Specified Derivatives Provider.

“Lending Office” means, for each Lender and for each Type of Loan, the office of such Lender specified in such Lender’s Administrative Questionnaire or in the applicable Assignment and Assumption Agreement, or such other office of such Lender as such Lender may notify the Administrative Agent in writing from time to time.

“Letter of Credit” has the meaning given that term in Section 2.3.(a).

“Letter of Credit Documents” means, with respect to any Letter of Credit, collectively, any application therefor, any certificate or other document presented in connection with a drawing under such Letter of Credit and any other agreement, instrument or other document governing or providing for (a) the rights and obligations of the parties concerned or at risk with respect to such Letter of Credit or (b) any collateral security for any of such obligations.

“Letter of Credit Liabilities” means, without duplication, at any time and in respect of any Letter of Credit, the sum of (a) the Stated Amount of such Letter of Credit plus (b) the aggregate unpaid principal amount of all Reimbursement Obligations of the Borrower at such time due and payable in respect of all drawings made under such Letter of Credit. For purposes of this Agreement, a Lender (other than the Lender then acting as Issuing Bank) shall be deemed to hold a Letter of Credit Liability in an amount equal to its participation interest under Section 2.3. in the related Letter of Credit, and the Lender then acting as the Issuing Bank shall be deemed to hold a Letter of Credit Liability in an amount equal to its retained

interest in the related Letter of Credit after giving effect to the acquisition by the Lenders (other than the Lender then acting as the Issuing Bank) of their participation interests under such Section.

“Level” has the meaning given that term in the definition of the term “Applicable Margin.”

“LIBOR” means, subject to the implementation of a Benchmark Replacement in accordance with Section 4.2.(b), the rate of interest obtained by dividing (i) the rate of interest per annum determined on the basis of the rate for deposits in Dollars for a period equal to the applicable Interest Period as published by the ICE Benchmark Administration Limited, a United Kingdom company, or a comparable or successor quoting service approved by the Administrative Agent, at approximately 11:00 a.m. (London time) two (2) Business Days prior to the first day of the applicable Interest Period by (ii) a percentage equal to 1 minus the Eurodollar Reserve Percentage.  If, for any reason, the rate referred to in the preceding clause (i) is not so published, then “LIBOR” shall be determined by the Administrative Agent to be the arithmetic average of the rate per annum at which deposits in Dollars would be offered by first class banks in the London interbank market to the Administrative Agent at approximately 11:00 a.m. (London time) two (2) Business Days prior to the first day of the applicable Interest Period for a period equal to such Interest Period.  Each calculation by the Administrative Agent of LIBOR shall be conclusive and binding for all purposes, absent manifest error.  Notwithstanding the foregoing, (x) in no event shall LIBOR (including any Benchmark Replacement with respect thereto) be less than 0% and (y) unless otherwise specified in any amendment to this Agreement entered into in accordance with Section 4.2.(b), in the event that a Benchmark Replacement with respect to LIBOR is implemented then all references herein to LIBOR shall be deemed references to such Benchmark Replacement.

“LIBOR Loan” means a Revolving Loan bearing interest at a rate based on LIBOR and, for the avoidance of doubt, except as otherwise expressly provided, shall include Same-Day Borrowings bearing interest at the LIBOR Market Index Rate.

“LIBOR Market Index Rate” means, for any day, LIBOR as of that day that would be applicable for a LIBOR Loan having a one-month Interest Period determined at approximately 10:00 a.m. Central time for such day (rather than 11:00 a.m. (London time) two Business Days prior to the first day of such Interest Period as otherwise provided in the definition of “LIBOR”), or if such day is not a Business Day, the immediately preceding Business Day. The LIBOR Market Index Rate shall be determined on a daily basis.

“Lien” as applied to the property of any Person means: (a) any security interest, encumbrance, mortgage, deed to secure debt, deed of trust, assignment of leases or rents, pledge, lien, hypothecation, assignment, charge or lease constituting a Capitalized Lease Obligation, conditional sale or other title retention agreement, or other security title or encumbrance of any kind in respect of any property of such Person, or upon the income, rents or profits therefrom; (b) any arrangement, express or implied, under which any property of such Person is transferred, sequestered or otherwise identified for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to the payment of the general, unsecured creditors of such Person; (c) the filing of any financing statement under the Uniform Commercial Code or its equivalent in any jurisdiction; and (d) any agreement by such Person to grant, give or otherwise convey any of the foregoing.

“Loan” means a Revolving Loan.

“Loan Document” means this Agreement, each Note, each Letter of Credit Document, the Guaranty and each other document or instrument now or hereafter executed and delivered by a Loan Party in connection with, pursuant to or relating to this Agreement (other than the Fee Letter and any Specified Derivatives Contract).

“Loan Party” means each of the Borrower, any Guarantor and each other Person who guarantees all or a portion of the Obligations and/or who pledges any collateral security to secure all or a portion of the Obligations. Schedule 1.1.(B) sets forth the Loan Parties in addition to the Borrower as of the Agreement Date.

“Mandatorily Redeemable Stock” means, with respect to any Person, any Equity Interest of such Person which by the terms of such Equity Interest (or by the terms of any security into which it is convertible or for which it is exchangeable or exercisable), upon the happening of any event or otherwise, (a) matures or is mandatorily redeemable, pursuant to a sinking fund obligation or otherwise (other than an Equity Interest to the extent redeemable in exchange for common stock or other equivalent common Equity Interests), (b) is convertible into or exchangeable or exercisable for Indebtedness or Mandatorily Redeemable Stock, or (c) is redeemable at the option of the holder thereof, in whole or part (other than an Equity Interest which is redeemable solely in exchange for common stock or other equivalent common Equity Interests), in each case on or prior to the date on which all Loans are scheduled to be due and payable in full.

“Material Acquisition” means any acquisition (whether by direct purchase, merger or otherwise and whether in one or more related transactions) by the Borrower or any Subsidiary in which the purchase price of the assets acquired exceeds 10.0% of Total Asset Value as of the last day of the most recently ending fiscal quarter of the Borrower for which financial statements are publicly available.

“Material Adverse Effect” means a materially adverse effect on (a) the business, assets, liabilities, condition (financial or otherwise), results of operations or business prospects of the Borrower and its Subsidiaries taken as a whole, (b) the ability of the Borrower or any other Loan Party to perform its obligations under any Loan Document to which it is a party, (c) the validity or enforceability of any of the Loan Documents, (d) the rights and remedies of the Lenders, the Issuing Bank and the Administrative Agent under any of the Loan Documents or (e) the timely payment of the principal of or interest on the Loans or other amounts payable in connection therewith or the timely payment of all Reimbursement Obligations.

“Material Debt” has the meaning given that term in Section 10.1.(e)(i).

“Material Plan” means at any time a Plan or Plans having aggregate Unfunded Liabilities in excess of $1,000,000.

“Material Subsidiary” means any Subsidiary to which $25,000,000 or more of Real Property Value is attributable on an individual basis.

“Mezzanine Investment” means (a) a promissory note secured by a second Mortgage of which the Borrower, a Guarantor or one of their respective Subsidiaries is the holder and retains the rights of collection of all payments thereunder or (b) a promissory note of which the Borrower, a Guarantor or one of their respective Subsidiaries is the holder and retains the rights of collection of all payments thereunder which promissory note is secured by a pledge of Equity Interests in a Person that owns a parcel (or group of related parcels) of real property subject to a Mortgage.

“Moody’s” means Moody’s Investors Service, Inc. and its successors.

“Mortgage” means a mortgage, deed of trust, deed to secure debt or similar security instrument made by a Person owning an interest in real property granting a Lien on such interest in real property as security for the payment of Indebtedness of such Person or another Person.

“Mortgage Receivable” means a promissory note secured by a first Mortgage of which the Borrower, a Guarantor or one of their respective Subsidiaries is the holder and retains the rights of collection of all payments thereunder.

“Multiemployer Plan” means at any time a multiemployer plan within the meaning of Section 4001(a)(3) of ERISA to which any member of the ERISA Group is then making or accruing an obligation to make contributions or has within the preceding six plan years made contributions, including for these purposes any Person which ceased to be a member of the ERISA Group during such six year period.

“Negative Pledge” means, with respect to a given asset, any provision of a document, instrument or agreement (other than any Loan Document or Specified Derivatives Contract) which prohibits or purports to prohibit the creation or assumption of any Lien on such asset as security for Indebtedness of the Person owning such asset or any other Person; provided, however, that an agreement that conditions a Person’s ability to encumber its assets upon the maintenance of one or more specified ratios that limit such Person’s ability to encumber its assets but that do not generally prohibit the encumbrance of its assets, or the encumbrance of specific assets, shall not constitute a Negative Pledge for purposes of this Agreement.

“Net Operating Income” or “NOI” means, for any Property and for a given period, the sum of the following (without duplication and determined on a consistent basis with prior periods): (a) Gross Lease Revenues and other revenues received in the ordinary course from such Property (including proceeds of rent loss insurance but excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ obligations for rent) minus (b) all expenses paid (excluding interest but including an appropriate accrual for taxes and insurance) related to the ownership, operation or maintenance of such Property, including but not limited to taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Property, but specifically excluding general overhead expenses of the Borrower or any Subsidiary and any property management fees) minus (c) the greater of (i) the actual property management fee paid during such period and (ii) an imputed management fee in the amount of one percent (1.0%) of the gross revenues for such Property for such period.

“Net Proceeds” means with respect to any Equity Issuance by a Person, the aggregate amount of all cash and the Fair Market Value of all other property (other than securities of such Person being converted or exchanged in connection with such Equity Issuance) received by such Person in respect of such Equity Issuance net of investment banking fees, legal fees, accountants’ fees, underwriting discounts and commissions and other customary fees and expenses actually incurred by such Person in connection with such Equity Issuance.

“Non-Defaulting Lender” means, at any time, each Lender that is not a Defaulting Lender at such time.

“Nonrecourse Indebtedness” means, with respect to a Person, Indebtedness for borrowed money in respect of which recourse for payment (except for customary exceptions for fraud, misapplication of funds, environmental indemnities, and other similar customary exceptions to nonrecourse liability (but not exceptions relating to bankruptcy, insolvency, receivership or other similar events)) is contractually limited to specific assets of such Person encumbered by a Lien securing such Indebtedness.

“Note” means a Revolving Note.

“Notice of Borrowing” means a notice substantially in the form of Exhibit C (or such other form reasonably acceptable to the Administrative Agent and containing the information required in such Exhibit)

to be delivered to the Administrative Agent pursuant to Section 2.1.(b) evidencing the Borrower’s request for a borrowing of Revolving Loans.

“Notice of Continuation” means a notice substantially in the form of Exhibit D (or such other form reasonably acceptable to the Administrative Agent and containing the information required in such Exhibit) to be delivered to the Administrative Agent pursuant to Section 2.8. evidencing the Borrower’s request for the Continuation of a LIBOR Loan.

“Notice of Conversion” means a notice substantially in the form of Exhibit E (or such other form reasonably acceptable to the Administrative Agent and containing the information required in such Exhibit) to be delivered to the Administrative Agent pursuant to Section 2.9. evidencing the Borrower’s request for the Conversion of a Loan from one Type to another Type.

“Obligations” means, individually and collectively: (a) the aggregate principal balance of, and all accrued and unpaid interest on, all Loans; (b) all Reimbursement Obligations and all other Letter of Credit Liabilities; and (c) all other indebtedness, liabilities, obligations, covenants and duties of the Borrower or any of the other Loan Parties owing to the Administrative Agent, the Issuing Bank or any Lender of every kind, nature and description, under or in respect of this Agreement or any of the other Loan Documents, including, without limitation, the Fees and indemnification obligations, whether direct or indirect, absolute or contingent, due or not due, contractual or tortious, liquidated or unliquidated, and whether or not evidenced by any promissory note. For the avoidance of doubt, “Obligations” shall not include Specified Derivatives Obligations.

“OFAC” means U.S. Department of the Treasury’s Office of Foreign Assets Control and any successor Governmental Authority.

“Other Benchmark Rate Election” means, if the then-current Benchmark is USD LIBOR, the occurrence of:

(a)a notification by the Administrative Agent to (or the request by the Borrower to the Administrative Agent to notify) each of the other parties hereto that at least five currently outstanding Dollar-denominated syndicated credit facilities at such time contain (as a result of amendment or as originally executed), in lieu of a USD LIBOR-based rate, a term benchmark rate that is not a SOFR-based rate as a benchmark rate (and such syndicated credit facilities are identified in such notice and are publicly available for review), and

(b)the joint election by the Administrative Agent and the Borrower to trigger a fallback from USD LIBOR and the provision by the Administrative Agent of written notice of such election to the Lenders.

“Other Connection Taxes” means, with respect to any Recipient, Taxes imposed as a result of a present or former connection between such Recipient and the jurisdiction imposing such Tax (other than connections arising from such Recipient having executed, delivered, become a party to, performed its obligations under, received payments under, received or perfected a security interest under, engaged in any other transaction pursuant to or enforced any Loan Document, or sold or assigned an interest in any Loan or Loan Document).

“Other Taxes” means all present or future stamp, court or documentary, intangible, recording, filing or similar Taxes that arise from any payment made under, from the execution, delivery, performance, enforcement or registration of, from the receipt or perfection of a security interest under, or otherwise with respect to, any Loan Document, except any such Taxes that are Other Connection Taxes imposed with respect to an assignment (other than an assignment made pursuant to Section 4.5.).

“Participant” has the meaning given that term in Section 12.6.(b).

“Payment Recipient” has the meaning given that term in Section 11.10.

“PBGC” means the Pension Benefit Guaranty Corporation and any successor agency.

“Permitted Liens” means, as to any Person, (a) Liens securing taxes, assessments and other charges or levies imposed by any Governmental Authority (excluding any Lien imposed pursuant to any of the provisions of ERISA or pursuant to any Environmental Laws) or the claims of materialmen, mechanics, carriers, warehousemen or landlords for labor, materials, supplies or rentals incurred in the ordinary course of business, which are not at the time required to be paid or discharged under the applicable provisions of Section 7.5.; (b) Liens consisting of deposits or pledges made, in the ordinary course of business, in connection with, or to secure payment of, obligations under workers’ compensation, unemployment insurance or similar Applicable Laws; (c) Liens consisting of encumbrances in the nature of zoning restrictions, easements, and rights or restrictions of record on the use of real property, which do not materially detract from the value of such property or impair the intended use thereof in the business of such Person; (d) the rights of tenants under leases or subleases not interfering with the ordinary conduct of business of such Person; (e) Liens, if any, in favor of the Administrative Agent for its benefit and the benefit of the Lenders; (f) Liens in favor of the Borrower or a Wholly Owned Subsidiary securing obligations owing by a Subsidiary to the Borrower or a Wholly Owned Subsidiary; and (g) Liens in existence as of the Agreement Date and disclosed on Part II of Schedule 6.1.(f).

“Person” means any natural person, corporation, limited partnership, general partnership, joint stock company, limited liability company, limited liability partnership, joint venture, association, company, trust, bank, trust company, land trust, business trust or other organization, whether or not a legal entity, or any other nongovernmental entity, or any Governmental Authority.

“Plan” means at any time an employee pension benefit plan (other than a Multiemployer Plan) which is covered by Title IV of ERISA or subject to the minimum funding standards under Section 412 of the Internal Revenue Code and either (a) is maintained, or contributed to, by any member of the ERISA Group for employees of any member of the ERISA Group or (b) has at any time within the preceding six years been maintained, or contributed to, by any Person which was at such time a member of the ERISA Group for employees of any Person which was at such time a member of the ERISA Group.

“Post-Default Rate” means, in respect of any principal of any Loan or any other Obligation that is not paid when due (whether at stated maturity, by acceleration, by optional or mandatory prepayment or otherwise), a rate per annum equal to the Base Rate as in effect from time to time plus the Applicable Margin plus four percent (4.0%).

“Preferred Dividends” means, for any period and without duplication, all Restricted Payments paid during such period on Preferred Equity Interests issued by the Borrower or a Subsidiary. Preferred Dividends shall not include dividends or distributions (a) paid or payable solely in Equity Interests (other than Mandatorily Redeemable Stock) payable to holders of such class of Equity Interests, (b) paid or payable to the Borrower or a Subsidiary, or (c) constituting or resulting in the redemption of Preferred

Equity Interests, other than scheduled redemptions not constituting balloon, bullet or similar redemptions in full.

“Preferred Equity Interests” means, with respect to any Person, Equity Interests in such Person which are entitled to preference or priority over any other Equity Interest in, such Person in respect of the payment of dividends or distribution of assets upon liquidation or both.

“Prime Rate” means, at any time, the rate of interest per annum publicly announced from time to time by the Lender then acting as the Administrative Agent as its prime rate. Each change in the Prime Rate shall be effective as of the opening of business on the day such change in such prime rate occurs. The parties hereto acknowledge that the rate announced publicly by the Lender acting as Administrative Agent as its prime rate is an index or base rate and shall not necessarily be its lowest or best rate charged to its customers or other banks.

“Principal Office” means the office of the Administrative Agent located at 600 South 4th St., 8th Floor, Minneapolis, Minnesota 55415, or such other office of the Administrative Agent as the Administrative Agent may designate from time to time.

“Property” means any parcel of real property (together with all improvements thereon) owned or leased (in whole or in part) or operated by the Borrower, any Subsidiary or any Unconsolidated Affiliate of the Borrower and which is located in a state of the United States of America, the District of Columbia, Puerto Rico or Canada.

“Qualified Plan” shall mean a Benefit Arrangement that is intended to be tax-qualified under Section 401(a) of the Internal Revenue Code.

“Rating Agency” means S&P, Moody’s or Fitch.

“Real Property Value” means (i) with respect to Properties owned by the Borrower or any of its Subsidiaries for the entire four consecutive fiscal quarter period most recently ended, Net Operating Income for all such Properties for such period divided by the applicable Capitalization Rate and (ii) with respect to Properties (other than Properties that are developed but that are unleased and vacant, and undeveloped land) acquired during the four fiscal quarter period most recently ended, the purchase price paid by the Borrower or any Subsidiary (less any amounts paid to the Borrower or such Subsidiary as a purchase price adjustment, held in escrow, retained as a contingency reserve, or in connection with other similar arrangements) for such Property.

“Recipient” means (a) the Administrative Agent, (b) any Lender and (c) any Issuing Bank, as applicable.

“Reference Time” with respect to any setting of the then-current Benchmark means (1) if such Benchmark is USD LIBOR, 11:00 a.m. (London time) on the day that is two (2) London Banking Days preceding the date of such setting, and (2) if such Benchmark is not USD LIBOR, the time determined by the Administrative Agent in its reasonable discretion.

“Register” has the meaning given that term in Section 12.6.(d).

“Regulatory Change” means, with respect to any Lender, any change effective after the Agreement Date in Applicable Law (including without limitation, Regulation D of the Board of Governors of the Federal Reserve System) or the adoption or making after such date of any interpretation, directive or request applying to a class of banks, including such Lender, of or under any Applicable Law (whether or

not having the force of law and whether or not failure to comply therewith would be unlawful) by any Governmental Authority or monetary authority charged with the interpretation or administration thereof or compliance by any Lender with any request or directive regarding capital adequacy. Notwithstanding anything herein to the contrary, (a) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (b) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a “Regulatory Change”, regardless of the date enacted, adopted or issued.

“Reimbursement Obligation” means the absolute, unconditional and irrevocable obligation of the Borrower to reimburse the Issuing Bank for any drawing honored by the Issuing Bank under a Letter of Credit.

“REIT” means a Person qualifying for treatment as a “real estate investment trust” under the Internal Revenue Code.

“Relevant Governmental Body” means the FRB or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the FRB or the Federal Reserve Bank of New York, or any successor thereto.

“Requisite Lenders” means, as of any date, Lenders having more than 50% of the aggregate amount of the Commitments, or, if the Commitments have been terminated or reduced to zero, Lenders holding more than 50% of the aggregate principal amount of the outstanding Revolving Loans and Letter of Credit Liabilities; provided that (i) in determining such percentage at any given time, all then existing Defaulting Lenders will be disregarded and excluded, and (ii) at all times when two or more Lenders are party to this Agreement, the term “Requisite Lenders” shall in no event mean less than two Lenders unless only two Lenders are party to this Agreement and one of such Lenders is a Defaulting Lender. For purposes of this definition, a Lender shall be deemed to hold a Letter of Credit Liability to the extent such Lender has acquired a participation therein under the terms of this Agreement and has not failed to perform its obligations in respect of such participation.

“Resolution Authority” means an EEA Resolution Authority or, with respect to any UK Financial Institution, a UK Resolution Authority.

“Restricted Payment” means (a) any dividend or other distribution, direct or indirect, on account of any Equity Interest of the Borrower or any Subsidiary now or hereafter outstanding, except a dividend payable solely in Equity Interests of identical class to the holders of that class; (b) any redemption, conversion, exchange, retirement, sinking fund or similar payment, purchase or other acquisition for value, direct or indirect, of any Equity Interest of the Borrower or any Subsidiary now or hereafter outstanding; and (c) any payment made to retire, or to obtain the surrender of, any outstanding warrants, options or other rights to acquire any Equity Interests of the Borrower or any Subsidiary now or hereafter outstanding.

“Revolving Credit Exposure” means, as to any Lender at any time, the aggregate principal amount at such time of its outstanding Revolving Loans and such Lender’s participation in Letter of Credit Liabilities at such time.

“Revolving Loan” means a loan made by a Lender to the Borrower pursuant to Section 2.1.(a).

“Revolving Note” has the meaning given that term in Section 2.10.(a).

“Same-Day Borrowing” means a borrowing of a Loan only for which the date of the Notice of Revolving Borrowing and the date of the funding of such borrowing occur on the same day.

“Sanctioned Country” means at any time, a country, region or territory which is itself (or whose government is) the subject or target of any Sanctions (including, as of the Effective Date, Cuba, Iran, North Korea, Syria and Crimea).

“Sanctioned Person” means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by OFAC (including OFAC’s Specially Designated Nationals and Blocked Persons List and OFAC’s Consolidated Non-SDN List), the U.S. Department of State, the United Nations Security Council, the European Union, any European member state, Her Majesty’s Treasury, or other relevant sanctions authority, (b) any Person operating, organized or resident in a Sanctioned Country, (c) any Person owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any such Person or Persons described in clauses (a) and (b), including a Person that is deemed by OFAC to be a Sanctions target based on the ownership of such legal entity by Sanctioned Person(s) or (d) any Person otherwise a target of Sanctions, including vessels and aircraft, that are designated under any Sanctions program.

“Sanctions” means any and all economic or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes and restrictions and anti-terrorism laws, including but not limited to those imposed, administered or enforced from time to time by the U.S. government (including those administered by OFAC or the U.S. Department of State), the United Nations Security Council, the European Union, any European member state, Her Majesty’s Treasury, or other relevant sanctions authority in any jurisdiction in which (a) the Borrower or any of its Subsidiaries or Affiliates is located or conducts business, (b) in which any of the proceeds of the Loans will be used, or (c) from which repayment of the Loans will be derived.

“Secured Indebtedness” means, with respect to any Person, as of any given date, the aggregate principal amount of all Indebtedness of such Person outstanding at such date that is secured in any manner by any Lien on any property and in the case of the Borrower, shall include (without duplication) the Borrower’s pro rata share of the Secured Indebtedness of its Unconsolidated Affiliates.

“Securities Act” means the Securities Act of 1933, as amended from time to time, together with all rules and regulations issued thereunder.

“Securitization Investment” means an investment in residual interests in securitized pools of promissory notes, mortgage loans, chattel paper, leases or similar financial assets owned by the Borrower, its Subsidiaries, or any other Loan Party as of June 30, 2014.

“SOFR” means, with respect to any Business Day, a rate per annum equal to the secured overnight financing rate for such Business Day published by the SOFR Administrator on the SOFR Administrator’s Website on the immediately succeeding Business Day.

“SOFR Administrator” means the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate).

“SOFR Administrator’s Website” means the website of the Federal Reserve Bank of New York, currently at http://www.newyorkfed.org, or any successor source for the secured overnight financing rate identified as such by the SOFR Administrator from time to time.

“Solvent” means, when used with respect to any Person, that (a) the fair value and the fair salable value of its assets (excluding any Indebtedness due from any affiliate of such Person) are each in excess of the fair valuation of its total liabilities (including all contingent liabilities computed at the amount which, in light of all the fact and circumstances existing at such time, represents the amount that could reasonably be expected to become an actual and matured liability); (b) such Person is able to pay its debts or other obligations in the ordinary course as they mature; and (c) such Person has capital not unreasonably small to carry on its business and all business in which it proposes to be engaged.

“Specified Derivatives Contract” means any Derivatives Contract that is made or entered into at any time, or in effect at any time now or hereafter, whether as a result of an assignment or transfer or otherwise, between the Borrower or any Subsidiary of the Borrower and an Specified Derivatives Provider.

“Specified Derivatives Obligations” means all indebtedness, liabilities, obligations, covenants and duties of the Borrower or its Subsidiaries under or in respect of any Specified Derivatives Contract, whether direct or indirect, absolute or contingent, due or not due, liquidated or unliquidated, and whether or not evidenced by any written confirmation.

“Specified Derivatives Provider” means any Lender, or any Affiliate of a Lender that is a party to a Derivatives Contract at the time the Derivatives Contract is entered into.

“S&P” means Standard & Poor’s Rating Services, a Standard & Poor’s Financial Services LLC business, and its successors.

“Stated Amount” means the amount available to be drawn by a beneficiary under a Letter of Credit from time to time, as such amount may be increased or reduced from time to time in accordance with the terms of such Letter of Credit.

“Subsidiary” means, for any Person, any corporation, partnership, limited liability company or other entity of which at least a majority of the Equity Interests having by the terms thereof ordinary voting power to elect a majority of the board of directors or other individuals performing similar functions of such corporation, partnership, limited liability company or other entity (without regard to the occurrence of any contingency) is at the time directly or indirectly owned or controlled by such Person or one or more Subsidiaries of such Person or by such Person and one or more Subsidiaries of such Person, and shall include all Persons the accounts of which are consolidated with those of such Person pursuant to GAAP.

“Sustainability Grid Notice” has the meaning given such term in the definition of “Applicable Margin”.

“Swap Obligation” means, with respect to the Guarantor, any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of Section 1a(47) of the Commodity Exchange Act.

“Taxes” means all present or future taxes, levies, imposts, duties, deductions, withholdings (including backup withholding), assessments, fees or other charges imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto.

“Term SOFR” means, for the applicable Corresponding Tenor as of the applicable Reference Time, the forward-looking term rate based on SOFR that has been selected or recommended by the Relevant Governmental Body.

“Term SOFR Notice” means a notification by the Administrative Agent to the Lenders and the Borrower of the occurrence of a Term SOFR Transition Event.

“Term SOFR Transition Event” means the joint determination by the Administrative Agent and the Borrower that (a) Term SOFR has been recommended for use by the Relevant Governmental Body, (b) the administration of Term SOFR is administratively feasible for the Administrative Agent and (c) a Benchmark Transition Event, an Early Opt-in Election or an Other Benchmark Rate Election, as applicable, has previously occurred resulting in the replacement of the then-current Benchmark for all purposes hereunder and under any Loan Document in accordance with Section 4.2.(b) with a Benchmark Replacement the Unadjusted Benchmark Replacement component of which is not Term SOFR.

“Termination Date” means June 23, 2025, or such later date to which the Termination Date may be extended pursuant to Section 2.11

“Titled Agents” means each of the Joint Lead Arrangers, Joint Bookrunners, the Syndication Agent and each of the Documentation Agents and their respective successors and permitted assigns.

“Total Asset Value” means (without duplication): (a) Real Property Value plus (b) 50.0% of the undepreciated cost of Properties that are developed but that are unleased and vacant plus (c) the book value of construction and undeveloped land plus (d) unrestricted cash and cash equivalents plus (e) book value of Mortgage Receivables plus (f) book value of notes and accounts receivables. Borrower’s pro rata share of assets held by Unconsolidated Affiliates will be included in Total Asset Value calculations consistent with the above described treatment for wholly owned assets. Notwithstanding the foregoing, for purposes of determining Total Asset Value (i) to the extent that the amount of Total Asset Value attributable to Unconsolidated Affiliates would exceed 15.0% of the Total Asset Value, such excess shall be excluded, (ii) to the extent that the amount of Total Asset Value attributable to (A) Mezzanine Investments, Securitization Investments and Mortgage Receivables (including without limitation, Eligible Mortgage Notes Receivable) would exceed 10.0% of the Total Asset Value and/or (B) Mezzanine Investments and Securitization Investments would exceed 5.0% of the Total Asset Value, such excess shall be excluded, (iii) to the extent that the amount of Total Asset Value attributable to the book value of (A) Unimproved Land and the aggregate Construction Budget for all Real Property would exceed 10.0% of the Total Asset Value and/or (B) Unimproved Land would exceed 5.0% of the Total Asset Value, such excess shall be excluded, (iv) to the extent that the amount of Total Asset Value attributable to Investments in Equity Interest of any Person (other than their respective Subsidiaries and Unconsolidated Affiliates) exceeds 5.0% of the Total Asset Value, such excess shall be excluded and (v) to the extent that the amount of Total Asset Value attributable to Investments of the type described in clauses (ii), (iii) and (iv) would collectively exceed 20.0% of Total Asset Value, such excess will be excluded.

“Total Liabilities” means, all GAAP liabilities including recourse and non-recourse mortgage Indebtedness, letters of credit, purchase obligations, repurchase obligations, forward commitments (including, but not limited to, forward equity commitments and commitments to purchase properties), unsecured Indebtedness, accounts payable, accrued expenses, Capitalized Lease Obligations (including ground leases to the extent required under GAAP to be reported as a liability), Guarantees of Indebtedness, subordinated debt, and unfunded obligations. Total Liabilities will include (without redundancy): (a) 100% of the recourse liability of the Borrower and its Subsidiaries under (i) Guarantees of Indebtedness or (ii) loans where the Borrower or a Subsidiary is liable for Indebtedness as a general partner or otherwise and (b) the pro rata share of the Borrower or any of its Subsidiaries of Nonrecourse Indebtedness in Unconsolidated Affiliates or Indebtedness that is not recourse to the Borrower and its other Subsidiaries. The calculation of Total Liabilities shall not include any fair value adjustments to the carrying value of liabilities to record such liabilities at fair value pursuant to electing the fair value option election under Financial Accounting Standards Board ASC 825-10-25 (formerly known as Statement of Financial

Accounting Standards No. 159, The Fair Value Option for Financial Assets and Financial Liabilities) or other Financial Accounting Standards Board standards allowing entities to elect fair value option for financial liabilities.  Therefore, the amount of liabilities that is included in the calculation of Total Liabilities shall be the historical cost basis.

“Type” with respect to any Revolving Loan, refers to whether such Loan is a LIBOR Loan or a Base Rate Loan.

“UK Financial Institution” means any BRRD Undertaking (as such term is defined under the PRA Rulebook (as amended from time to time) promulgated by the United Kingdom Prudential Regulation Authority) or any Person falling within IFPRU 11.6 of the FCA Handbook (as amended from time to time) promulgated by the United Kingdom Financial Conduct Authority, which includes certain credit institutions and investment firms, and certain Affiliates of such credit institutions or investment firms.

“UK Resolution Authority” means the Bank of England or any other public administrative authority having responsibility for the resolution of any UK Financial Institution.

“Unadjusted Benchmark Replacement” means the applicable Benchmark Replacement excluding the related Benchmark Replacement Adjustment.

“Unconsolidated Affiliate” means, with respect to any Person, any other Person in whom such Person holds an Investment, which Investment is accounted for in the financial statements of such Person on an equity basis of accounting and whose financial results would not be consolidated under GAAP with the financial results of such Person on the consolidated financial statements of such Person.

“Unencumbered Asset Value” means the sum (without duplication) of (a) the Real Property Value attributable to Unencumbered Assets which are not Excluded Assets; plus (b) aggregate book value of all Eligible Mortgage Notes Receivable; plus (c) all of the cash and cash equivalents (excluding tenant deposits and other cash and cash equivalents the disposition of which is restricted in any way) of the Borrower and its Wholly Owned Subsidiaries; provided, however, that if the aggregate value of such cash and cash equivalents would exceed 10.0% of Unencumbered Asset Value, the value of such cash and cash equivalents in excess of 10.0% of Unencumbered Asset Value shall be excluded in the determination of Unencumbered Asset Value hereunder; plus (d) 50.0% of the book value of all Unencumbered Assets which are vacant but which have not been vacant for more than 12 months; all as determined in accordance with GAAP. If the aggregate value of the items described in the preceding clauses (b), (c) and (d) above exceeds 10.0% of Unencumbered Asset Value, the value in excess of 10.0% of Unencumbered Asset Value shall be excluded in the determination of Unencumbered Asset Value.

“Unencumbered Assets” means, collectively, each Property of the Borrower or any Wholly Owned Subsidiary that meets the following criteria: (a) such Property is fully developed as a retail property; (b) the Property is domestic and owned entirely by the Borrower and/or a Wholly Owned Subsidiary; (c) neither such Property, nor any interest of the Borrower or any Subsidiary therein, is subject to any Lien (other than Permitted Liens of the types described in clauses (a) through (d) and clause (f) of the definition thereof) or a Negative Pledge; (d) if such Property is owned by a Wholly Owned Subsidiary (i) none of the Borrower’s direct or indirect ownership interest in such Subsidiary is subject to any Lien (other than Permitted Liens described in clauses (a) through (c) of the definition thereof) or to a Negative Pledge; and (ii) the Borrower directly, or indirectly through a Subsidiary, has the right to take the following actions without the need to obtain the consent of any Person: (x) to sell, transfer or otherwise dispose of such Property and (y) to create a Lien on such Property as security for Indebtedness of the Borrower or such Subsidiary, as applicable; and (e) such Property is free of all structural defects or major architectural deficiencies, title defects, environmental conditions or other adverse matters except for defects,

deficiencies, conditions or other matters individually or collectively which are not material to the profitable operation of such Property.

“Unencumbered NOI” means the NOI attributable to Unencumbered Assets.

“Unfunded Liabilities” means, with respect to any Plan at any time, the amount (if any) by which (a) the value of all benefit liabilities under such Plan, determined on a plan termination basis using the assumptions prescribed by the PBGC for purposes of Section 4044 of ERISA, exceeds (b) the fair market value of all Plan assets allocable to such liabilities under Title IV of ERISA (excluding any accrued but unpaid contributions), all determined as of the then most recent valuation date for such Plan, but only to the extent that such excess represents a potential liability of a member of the ERISA Group to the PBGC or any other Person under Title IV of ERISA.

“Unimproved Land” means raw land on which no development (other than improvements that are not material and are temporary in nature) has occurred and for which no development is scheduled in the following 12 months.

“Unsecured Indebtedness” means Indebtedness that is not Secured Indebtedness; provided, however, that any Indebtedness that is secured by a pledge of only Equity Interests shall be deemed to be Unsecured Indebtedness.

“Unsecured Interest Expense” means, for a given period, all Interest Expense of the Borrower and its Subsidiaries attributable to Unsecured Indebtedness of the Borrower and its Subsidiaries for such period.

“USD LIBOR” means the London interbank offered rate for Dollars.

“Wells Fargo” means Wells Fargo Bank, National Association, and its successors and assigns.

“Wholly Owned Subsidiary” means any Subsidiary of a Person in respect of which all of the Equity Interests (other than, in the case of a corporation, directors’ qualifying shares) are at the time directly or indirectly owned or controlled by such Person or one or more other Subsidiaries of such Person or by such Person and one or more other Subsidiaries of such Person.

“Withdrawal Liability” shall mean any liability as a result of a complete or partial withdrawal from a Multiemployer Plan as such terms are defined in Part I of Subtitle E of Title IV of ERISA.

“Withholding Agent” means (a) the Borrower, (b) any other Loan Party and (c) the Administrative Agent, as applicable.

“Write-Down and Conversion Powers” means (a) with respect to any EEA Resolution Authority, the write-down and conversion powers of such EEA Resolution Authority from time to time under the Bail-In Legislation for the applicable EEA Member Country, which write-down and conversion powers are described in the EU Bail-In Legislation Schedule, and (b) with respect to the United Kingdom, any powers of the applicable Resolution Authority under the Bail-In Legislation to cancel, reduce, modify or change the form of a liability of any UK Financial Institution or any contract or instrument under which that liability arises, to convert all or part of that liability into shares, securities or obligations of such Person or any other Person, to provide that any such contract or instrument is to have effect as if a right had been exercised under it or to suspend any obligation in respect of that liability or any of the powers under that Bail-In Legislation that are related to or ancillary to any of those powers.

Section 1.2 General; References to Pacific Time.

Unless otherwise indicated, all accounting terms, ratios and measurements shall be interpreted or determined in accordance with GAAP as in effect on the Agreement Date and consistently applied; provided that, if at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either the Borrower or the Requisite Lenders shall so request, the Administrative Agent, the Lenders and the Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of the Requisite Lenders); provided further that, until so amended, (i) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (ii) the Borrower shall provide to the Administrative Agent and the Lenders financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP. Notwithstanding the preceding sentence, (i) the calculation of liabilities shall not include any fair value adjustments to the carrying value of liabilities to record such liabilities at fair value pursuant to electing the fair value option election under FASB ASC 825-10-25 (formerly known as FAS 159, The Fair Value Option for Financial Assets and Financial Liabilities) or other FASB standards allowing entities to elect fair value option for financial liabilities and (ii) all accounting terms, ratios and calculations shall be determined without giving effect to Accounting Standards Codification 842 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) (and related interpretations) to the extent any lease (or similar arrangement conveying the right to use) would be required to be treated as a capital lease thereunder where such lease (or similar arrangement) would have been treated as an operating lease under GAAP as in effect immediately prior to the effectiveness of the Accounting Standards Codification 842, provided that the Borrower shall provide to the Administrative Agent and the Lenders financial statements and other documents reasonably requested by the Administrative Agent and the Lenders setting forth a reconciliation between calculations of such ratio or requirement made in accordance with GAAP and made without giving effect to Account Standards Codification 842. Accordingly, the amount of liabilities shall be the historical cost basis, which generally is the contractual amount owed adjusted for amortization or accretion of any premium or discount. References in this Agreement to “Sections”, “Articles”, “Exhibits” and “Schedules” are to sections, articles, exhibits and schedules herein and hereto unless otherwise indicated. References in this Agreement to any document, instrument or agreement (a) shall include all exhibits, schedules and other attachments thereto, (b) shall include all documents, instruments or agreements issued or executed in replacement thereof, to the extent permitted hereby and (c) shall mean such document, instrument or agreement, or replacement or predecessor thereto, as amended, supplemented, restated or otherwise modified as of the date of this Agreement and from time to time thereafter to the extent not prohibited hereby and in effect at any given time. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, the feminine and the neuter. Unless explicitly set forth to the contrary, a reference to “Subsidiary” means a Subsidiary of the Borrower or a Subsidiary of such Subsidiary and a reference to an “Affiliate” means a reference to an Affiliate of the Borrower. Titles and captions of Articles, Sections, subsections and clauses in this Agreement are for convenience only, and neither limit nor amplify the provisions of this Agreement. Unless otherwise indicated, all references to time are references to Pacific time. Any financial ratios required to be maintained by the Borrower pursuant to this Agreement shall be calculated by dividing the appropriate component by the other component, carrying the result to one place more than the number of places by which such ratio is expressed herein and rounding the result up or down to the nearest number (with a rounding-up if there is no nearest number).

Section 1.3 Divisions.

For all purposes under the Loan Documents, in connection with any division or plan of division under Delaware law (or any comparable event under a different jurisdiction’s laws): (a) if any asset, right, obligation or liability of any Person becomes the asset, right, obligation or liability of a different Person, then it shall be deemed to have been transferred from the original Person to the subsequent Person, and (b) if any new Person comes into existence, such new Person shall be deemed to have been organized on the first date of its existence by the holders of its Equity Interests at such time.

Section 1.4 Rates.

The interest rate on LIBOR Loans and Base Rate Loans (when determined by reference to clause (c) of the definition of Base Rate) may be determined by reference to LIBOR, which is derived from the London interbank offered rate. The London interbank offered rate is intended to represent the rate at which contributing banks may obtain short-term borrowings from each other in the London interbank market. On March 5, 2021, ICE Benchmark Administration (“IBA”), the administrator of the London interbank offered rate, and the Financial Conduct Authority (the “FCA”), the regulatory supervisor of IBA, announced in public statements (the “Announcements”) that the final publication or representativeness date for the London interbank offered rate for Dollars for: (a) 1-week and 2-month tenor settings will be December 31, 2021 and (b) overnight, 1-month, 3-month, 6-month and 12-month tenor settings will be June 30, 2023. No successor administrator for IBA was identified in such Announcements. As a result, it is possible that commencing immediately after such dates, the London interbank offered rate for such tenors may no longer be available or may no longer be deemed a representative reference rate upon which to determine the interest rate on LIBOR Loans or Base Rate Loans (when determined by reference to clause (c) of the definition of Base Rate). There is no assurance that the dates set forth in the Announcements will not change or that IBA or the FCA will not take further action that could impact the availability, composition or characteristics of any London interbank offered rate. Public and private sector industry initiatives have been and continue, as of the date hereof, to be underway to implement new or alternative reference rates to be used in place of the London interbank offered rate. In the event that the London interbank offered rate or any other then-current Benchmark is no longer available or in certain other circumstances set forth in Section 4.2.(b), such Section 4.2.(b) provides a mechanism for determining an alternative rate of interest. The Administrative Agent will notify the Borrower, pursuant to Section 4.2.(b), of any change to the reference rate upon which the interest rate on LIBOR Loans and Base Rate Loans (when determined by reference to clause (c) of the definition of Base Rate) is based. However, the Administrative Agent does not warrant or accept any responsibility for, and shall not have any liability with respect to, (i) the continuation of, the administration of, submission of, calculation of or any other matter related to the London interbank offered rate or other rates in the definition of “LIBOR” or with respect to any alternative, successor or replacement rate thereto (including any then-current Benchmark or any Benchmark Replacement), including whether the composition or characteristics of any such alternative, successor or replacement reference rate (including any Benchmark Replacement), as it may or may not be adjusted pursuant to Section 4.2.(b), will be similar to, or produce the same value or economic equivalence of, LIBOR or any other Benchmark, or have the same volume or liquidity as did the London interbank offered rate or any other Benchmark prior to its discontinuance or unavailability, or (ii) the effect, implementation or composition of any Benchmark Replacement Conforming Changes. The Administrative Agent may select information sources or services in its reasonable discretion to ascertain any Benchmark, any component definition thereof or rates referenced in the definition thereof, in each case pursuant to the terms of this Agreement, and shall have no liability to the Borrower, any Lender or any other person or entity for damages of any kind, including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service.

Article II. Credit Facility

Section 2.1 Revolving Loans.

(a)    Making of Revolving Loans. Subject to the terms and conditions set forth in this Agreement, including without limitation, Section 2.15. below, during the period from the Effective Date to but excluding the Termination Date, each Lender severally and not jointly agrees to make Revolving Loans to the Borrower in U.S. Dollars, in an aggregate principal amount at any one time outstanding up to, but not exceeding, the amount of such Lender’s Commitment. Subject to the terms and conditions of this Agreement, during the period from the Effective Date to but excluding the Termination Date, the Borrower may borrow, repay and reborrow Revolving Loans hereunder.

(b)    Requests for Revolving Loans. Not later than (i) 9:00 a.m. at least 1 Business Day prior to a borrowing of Base Rate Loans (other than any Same-Day Borrowing) (ii) 9:00 a.m. at least 3 Business Days prior to a borrowing of LIBOR Loans (other than any Same-Day Borrowing) and (iii) 9:00 a.m. on the date of any borrowing of Revolving Loans that are to be Same-Day Borrowings, the Borrower shall deliver to the Administrative Agent a Notice of Borrowing. Each Notice of Borrowing shall specify the aggregate principal amount of the Revolving Loans to be borrowed, the date such Revolving Loans are to be borrowed (which must be a Business Day), the use of the proceeds of such Revolving Loans, the Type of the requested Revolving Loans, whether such Revolving Loans are to be Same-Day Borrowings, and if such Revolving Loans are to be LIBOR Loans, the initial Interest Period for such Revolving Loans. Each Notice of Borrowing shall be irrevocable once given and binding on the Borrower. Prior to delivering a Notice of Borrowing, the Borrower may (without specifying whether a Revolving Loan will be a Base Rate Loan or a LIBOR Loan) request that the Administrative Agent provide the Borrower with the most recent LIBOR available to the Administrative Agent. The Administrative Agent shall provide such quoted rate to the Borrower on the date of such request or as soon as possible thereafter.

(c)    Funding of Revolving Loans. Promptly after receipt of a Notice of Borrowing under the immediately preceding subsection (b), the Administrative Agent shall notify each Lender of the proposed borrowing. Each Lender shall deposit an amount equal to the Revolving Loan to be made by such Lender to the Borrower with the Administrative Agent at the Principal Office, in immediately available funds not later than (i) in the case of a Same-Day Borrowing, 1:00 p.m. on the date of such proposed Revolving Loans; and (ii) in the case of a non-Same-Day Borrowing, 9:00 a.m. on the date of such proposed Revolving Loans. Subject to fulfillment of all applicable conditions set forth herein, the Administrative Agent shall make available to the Borrower at the Principal Office, not later than (i) in the case of a Same-Day Borrowing, 3:00 p.m. on the date of the requested borrowing of Revolving Loans and (ii) in the case of a non-Same-Day Borrowing, 12:00 noon on the date of the requested borrowing of Revolving Loans, the proceeds of such amounts received by the Administrative Agent. No Lender shall be responsible for the failure of any other Lender to make a Loan or to perform any other obligation to be made or performed by such other Lender hereunder, and the failure of any Lender to make a Loan or to perform any other obligation to be made or performed by it hereunder shall not relieve the obligation of any other Lender to make any Loan or to perform any other obligation to be made or performed by such other Lender.

(d)    Assumptions Regarding Funding by Lenders. With respect to Revolving Loans to be made after the Effective Date, unless the Administrative Agent shall have been notified by any Lender prior to the specified date of the borrowing that such Lender does not intend to make available to the Administrative Agent the Revolving Loan to be made by such Lender on such date, the Administrative Agent may assume that such Lender will make the proceeds of such Revolving Loan available to the Administrative Agent in accordance with this Section, and the Administrative Agent may (but shall not be obligated to), in reliance

upon such assumption, make available to the Borrower the amount of such Revolving Loan to be provided by such Lender. In such event, if such Lender does not make available to the Administrative Agent the proceeds of such Revolving Loan, then such Lender and the Borrower severally agree to pay to the Administrative Agent on demand the amount of such Revolving Loan with interest thereon, for each day from and including the date such Revolving Loan is made available to the Borrower but excluding the date of payment to the Administrative Agent, at (i) in the case of a payment to be made by such Lender, the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation and (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to such Revolving Loan under Section 2.4.(a). If the Borrower and such Lender shall pay the amount of such interest to the Administrative Agent for the same or overlapping period, the Administrative Agent shall promptly remit to the Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays to the Administrative Agent the amount of such Revolving Loan, the amount so paid shall constitute such Lender’s Revolving Loan included in the borrowing. Any payment by the Borrower shall be without prejudice to any claim the Borrower may have against a Lender that shall have failed to make available the proceeds of a Revolving Loan to be made by such Lender.

(e)     Reallocation on the Effective Date. Simultaneously with the effectiveness of this Agreement, the Revolving Commitments of each of the Revolving Lenders as existing immediately prior to the Effective Date, shall be reallocated among the Revolving Lenders so that the Revolving Commitments are held by the Revolving Lenders as set forth on Schedule I attached hereto. To effect such reallocations each Revolving Lender who either had no Revolving Commitment prior to the effectiveness of this Agreement or whose Revolving Commitment upon the effectiveness of this Agreement exceeds its Revolving Commitment immediately prior to the effectiveness of this Agreement (each an “Assignee Revolving Lender”) shall be deemed to have purchased all right, title and interest in, and all obligations in respect of, the Revolving Commitments from the Revolving Lenders whose Revolving Commitments upon the effectiveness of this Agreement are less than their respective Revolving Commitment immediately prior to the effectiveness of this Agreement (each an “Assignor Revolving Lender”), so that the Revolving Commitments of the Revolving Lenders will be held by the Revolving Lenders as set forth on Schedule I. Such purchases shall be deemed to have been effected by way of, and subject to the terms and conditions of, Assignment and Assumptions without the payment of any related assignment fee, and, except for Notes to be provided to the Assignor Lenders and Assignee Lenders in the principal amount of their respective Revolving Commitments, no other documents or instruments shall be, or shall be required to be, executed in connection with such assignments (all of which are hereby waived). The Assignor Lenders, the Assignee Lenders and the other Lenders shall make such cash settlements among themselves, through the Administrative Agent, as the Administrative Agent may direct (after giving effect to the making of any Loans to be made on the Effective Date and any netting transactions effected by the Administrative Agent) with respect to such reallocations and assignments so that the aggregate outstanding principal amount of Revolving Loans shall be held by the Revolving Lenders pro rata in accordance with the amount of the Revolving Commitments as set forth on Schedule I.

Section 2.2. [Reserved].

Section 2.3. Letters of Credit.

(a)    Letters of Credit. Subject to the terms and conditions of this Agreement, including without limitation, Section 2.15., the Issuing Banks, on behalf of the Lenders, agree to issue for the account of the Borrower (or the Borrower and any other Loan Party) during the period from and including the Effective Date to, but excluding, the date 30 days prior to the Termination Date, one or more standby letters of credit (each a “Letter of Credit”) up to a maximum aggregate Stated Amount at any one time outstanding not to exceed the L/C Commitment Amount; provided, however, that no Issuing Bank shall be obligated to issue

any Letter of Credit if, after giving effect to such issuance, the aggregate face amount of Letters of Credit issued by such Issuing Bank would exceed (i) 50.0% of the L/C Commitment Amount or (ii) such Issuing Bank’s Issuing Bank Commitment. The parties hereto agree that the Existing Letters of Credit shall be deemed to be Letters of Credit hereunder. Notwithstanding anything herein to the contrary, an Issuing Bank shall have no obligation hereunder to issue, and shall not issue, any Letter of Credit the proceeds of which, to the knowledge of such Issuing Bank, would be made available to any Person (x) to fund any activity or business of or with any Sanctioned Person, or in any Sanctioned Country or (y) in any manner that would result in a violation of any Sanctions by any party to this Agreement.

(b)    Terms of Letters of Credit. At the time of issuance, the amount, form, terms and conditions of a Letter of Credit, and of any drafts or acceptances thereunder, shall be subject to approval by the relevant Issuing Bank and the Borrower. Notwithstanding the foregoing, in no event may (i) the expiration date of any Letter of Credit extend beyond the date that is 5 days prior to the Termination Date, or (ii) any Letter of Credit have an initial duration in excess of one year; provided, however, a Letter of Credit may contain a provision providing for the automatic extension of the expiration date in the absence of a notice of non-renewal from the relevant Issuing Bank but in no event shall any such provision permit the extension of the expiration date of such Letter of Credit beyond the date that is 5 days prior to the Termination Date; provided, further, that a Letter of Credit may, as a result of its express terms or as the result of the effect of an automatic extension provision, have an expiration date of not more than one year beyond the Termination Date so long as the Borrower delivers to the Administrative Agent for the benefit of the relevant Issuing Bank and the Lenders no later than 30 days prior to the Termination Date cash collateral for such Letter of Credit for deposit into the Letter of Credit Collateral Account in an amount equal to the Stated Amount of such Letter of Credit.

(c)    Requests for Issuance of Letters of Credit. The Borrower shall give an Issuing Bank and the Administrative Agent written notice (or telephonic notice promptly confirmed in writing) at least 5 Business Days prior to the requested date of issuance of a Letter of Credit, such notice to describe in reasonable detail the proposed terms of such Letter of Credit and the nature of the transactions or obligations proposed to be supported by such Letter of Credit, and in any event shall set forth with respect to such Letter of Credit the proposed (i) initial Stated Amount, (ii) beneficiary, and (iii) expiration date. The Borrower shall also execute and deliver such customary applications and agreements for standby letters of credit, and other forms as requested from time to time by the relevant Issuing Bank. Provided the Borrower has given the notice prescribed by the first sentence of this subsection and delivered such application and agreements referred to in the preceding sentence, subject to the other terms and conditions of this Agreement, including the satisfaction of any applicable conditions precedent set forth in Article V., the relevant Issuing Bank shall issue the requested Letter of Credit on the requested date of issuance for the benefit of the stipulated beneficiary but in no event prior to the date 5 Business Days following the date after which such Issuing Bank has received all of the items required to be delivered to it under this subsection. Upon the written request of the Borrower, the relevant Issuing Bank shall deliver to the Borrower a copy of (i) any Letter of Credit proposed to be issued by it hereunder prior to the issuance thereof and (ii) each issued Letter of Credit issued by it within a reasonable time after the date of issuance thereof. To the extent any term of a Letter of Credit Document is inconsistent with a term of any Loan Document, the term of such Loan Document shall control.

(d)    Reimbursement Obligations. Upon receipt by an Issuing Bank from the beneficiary of a Letter of Credit of any demand for payment under such Letter of Credit, such Issuing Bank shall promptly notify the Borrower and the Administrative Agent of the amount to be paid by such Issuing Bank as a result of such demand and the date on which payment is to be made by such Issuing Bank to such beneficiary in respect of such demand; provided, however, that an Issuing Bank’s failure to give, or delay in giving, such notice shall not discharge the Borrower in any respect from the applicable Reimbursement Obligation. The Borrower hereby absolutely, unconditionally and irrevocably agrees to pay and reimburse each Issuing

Bank for the amount of each demand for payment under each Letter of Credit issued by such Issuing Bank on or prior to the date on which payment is to be made by such Issuing Bank to the beneficiary thereunder, without presentment, demand, protest or other formalities of any kind (other than notice as provided in this subsection). Upon receipt by an Issuing Bank of any payment in respect of any Reimbursement Obligation, such Issuing Bank shall promptly pay to the Administrative Agent for the account of each Lender that has acquired a participation therein under the second sentence of Section 2.3.(i) such Lender’s Commitment Percentage of such payment.

(e)    Manner of Reimbursement. Upon its receipt of a notice referred to in the immediately preceding subsection (d), the Borrower shall advise the Administrative Agent and the relevant Issuing Bank whether or not the Borrower intends to borrow hereunder to finance its obligation to reimburse such Issuing Bank for the amount of the related demand for payment and, if it does, the Borrower shall submit a timely request for such borrowing as provided in the applicable provisions of this Agreement. If the Borrower fails to so advise the Administrative Agent and the relevant Issuing Bank, or if the Borrower has failed to reimburse the relevant Issuing Bank for a demand for payment under a Letter of Credit by the date of such payment, after which the relevant Issuing Bank has notified the Administrative Agent, then (i) if the applicable conditions contained in Article V. would permit the making of Revolving Loans, the Borrower shall be deemed to have requested a borrowing of Revolving Loans (which shall be Base Rate Loans) in an amount equal to the unpaid Reimbursement Obligation and the Administrative Agent shall give each Lender prompt notice of the amount of the Revolving Loan to be made available to the Administrative Agent not later than 1:00 p.m., and (ii) if such conditions would not permit the making of Revolving Loans, the provisions of subsection (j) of this Section shall apply. The minimum amount limitations of Section 3.5.(a) shall not apply to any borrowing of Base Rate Loans under this subsection.

(f)    Effect of Letters of Credit on Commitments. Upon the issuance by an Issuing Bank of a Letter of Credit and until such Letter of Credit shall have expired or been cancelled, the Commitment of each Lender shall be deemed to be utilized for all purposes of this Agreement in an amount equal to the product of (i) such Lender’s Commitment Percentage and (ii) the sum of (A) the Stated Amount of such Letter of Credit plus (B) any related Reimbursement Obligations then outstanding.

(g)    Issuing Banks’ Duties Regarding Letters of Credit; Unconditional Nature of Reimbursement Obligations. In examining documents presented in connection with drawings under Letters of Credit and making payments under Letters of Credit issued by an Issuing Bank against such documents, such Issuing Bank shall only be required to use the same standard of care as it uses in connection with examining documents presented in connection with drawings under letters of credit in which it has not sold participations and making payments under such letters of credit. The Borrower assumes all risks of the acts and omissions of, or misuse of the Letters of Credit by, the respective beneficiaries of such Letters of Credit. In furtherance and not in limitation of the foregoing, none of the Issuing Banks, the Administrative Agent or any of the Lenders shall be responsible for, and the Borrower’s obligations in respect of the Letters of Credit shall not be affected in any manner by (i) the form, validity, sufficiency, accuracy, genuineness or legal effects of any document submitted by any party in connection with the application for and issuance of or any drawing honored under any Letter of Credit even if such document should in fact prove to be in any or all respects invalid, insufficient, inaccurate, fraudulent or forged; (ii) the validity or sufficiency of any instrument transferring or assigning or purporting to transfer or assign any Letter of Credit, or the rights or benefits thereunder or proceeds thereof, in whole or in part, which may prove to be invalid or ineffective for any reason; (iii) failure of the beneficiary of any Letter of Credit to comply fully with conditions required in order to draw upon such Letter of Credit; (iv) errors, omissions, interruptions or delays in transmission or delivery of any messages, by mail, cable, facsimile, electronic mail, telecopy or otherwise, whether or not they be in cipher; (v) errors in interpretation of technical terms; (vi) any loss or delay in the transmission or otherwise of any document required in order to make a drawing under any Letter of Credit, or of the proceeds thereof; (vii) the misapplication by the beneficiary of any Letter of Credit, or of the proceeds of

any drawing under any Letter of Credit; or (viii) any consequences arising from causes beyond the control of the Issuing Banks, the Administrative Agent or the Lenders. None of the above shall affect, impair or prevent the vesting of any of the Issuing Banks’, Administrative Agent’s or any Lender’s rights or powers hereunder. Any action taken or omitted to be taken by an Issuing Bank under or in connection with any Letter of Credit issued by such Issuing Bank, if taken or omitted in the absence of gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final, non-appealable judgment), shall not create against such Issuing Bank any liability to the Borrower, the Administrative Agent or any Lender. In this connection, the obligation of the Borrower to reimburse an Issuing Bank for any drawing made under any Letter of Credit issued by such Issuing Bank shall be absolute, unconditional and irrevocable and shall be paid strictly in accordance with the terms of this Agreement or any other applicable Letter of Credit Document under all circumstances whatsoever, including without limitation, the following circumstances: (A) any lack of validity or enforceability of any Letter of Credit Document or any term or provisions therein; (B) any amendment or waiver of or any consent to departure from all or any of the Letter of Credit Documents; (C) the existence of any claim, setoff, defense or other right which the Borrower may have at any time against such Issuing Bank, any other Issuing Bank, the Administrative Agent, any Lender, any beneficiary of a Letter of Credit or any other Person, whether in connection with this Agreement, the transactions contemplated hereby or in the Letter of Credit Documents or any unrelated transaction; (D) any breach of contract or dispute between the Borrower, such Issuing Bank, any other Issuing Bank, the Administrative Agent, any Lender or any other Person; (E) any demand, statement or any other document presented under a Letter of Credit proving to be forged, fraudulent, invalid or insufficient in any respect or any statement therein or made in connection therewith being untrue or inaccurate in any respect whatsoever; (F) any non-application or misapplication by the beneficiary of a Letter of Credit or of the proceeds of any drawing under such Letter of Credit; (G) payment by such Issuing Bank under the Letter of Credit against presentation of a draft or certificate which does not strictly comply with the terms of the applicable Letter of Credit; and (H) any other act, omission to act, delay or circumstance whatsoever that might, but for the provisions of this Section, constitute a legal or equitable defense to or discharge of the Borrower’s Reimbursement Obligations.

(h)    Amendments, Etc. The issuance by an Issuing Bank of any amendment, supplement or other modification to any Letter of Credit issued by such Issuing Bank shall be subject to the same conditions applicable under this Agreement to the issuance of new Letters of Credit (including, without limitation, that the request therefor be made through the relevant Issuing Bank and the Administrative Agent), and no such amendment, supplement or other modification shall be issued unless either (i) the respective Letter of Credit affected thereby would have complied with such conditions had it originally been issued hereunder in such amended, supplemented or modified form or (ii) the Administrative Agent and the Lenders, if any, required by Section 12.7. shall have consented thereto. In connection with any such amendment, supplement or other modification, the Borrower shall pay the Fees, if any, payable under the last sentence of Section 3.6.(c).

(i)    Lenders’ Participation in Letters of Credit. Immediately upon the issuance by an Issuing Bank of any Letter of Credit each Lender shall be deemed to have absolutely, irrevocably and unconditionally purchased and received from such Issuing Bank, without recourse or warranty, an undivided interest and participation to the extent of such Lender’s Commitment Percentage of the liability of such Issuing Bank with respect to such Letter of Credit and each Lender thereby shall absolutely, unconditionally and irrevocably assume, as primary obligor and not as surety, and shall be unconditionally obligated to such Issuing Bank to pay and discharge when due, such Lender’s Commitment Percentage of such Issuing Bank’s liability under such Letter of Credit, whether before the Termination Date or after. In addition, upon the making of each payment by a Lender to the Administrative Agent for the account of an Issuing Bank in respect of any Letter of Credit issued by it pursuant to the immediately following subsection (j), such Lender shall, automatically and without any further action on the part of such Issuing Bank, the Administrative Agent or such Lender, acquire (i) a participation in an amount equal to such

payment in the Reimbursement Obligation owing to such Issuing Bank by the Borrower in respect of such Letter of Credit and (ii) a participation in a percentage equal to such Lender’s Commitment Percentage in any interest or other amounts payable by the Borrower in respect of such Reimbursement Obligation (other than the Fees payable to such Issuing Bank pursuant to the second and the last sentences of Section 3.6.(c)).

(j)    Payment Obligation of Lenders. Each Lender severally agrees to pay to the Administrative Agent, for the account of each Issuing Bank, on demand in immediately available funds in Dollars the amount of such Lender’s Commitment Percentage of each drawing paid by such Issuing Bank under each Letter of Credit issued by it to the extent such amount is not reimbursed by the Borrower pursuant to the immediately preceding subsection (d); provided, however, that in respect of any drawing under any Letter of Credit, the maximum amount that any Lender shall be required to fund, whether as a Revolving Loan or as a participation, shall not exceed such Lender’s Commitment Percentage of such drawing except as otherwise provided in Section 3.10(d). Each Lender’s obligation to make such payments to the Administrative Agent under this subsection, and the Administrative Agent’s right to receive the same for the account of the relevant Issuing Bank, shall be absolute, irrevocable and unconditional and shall not be affected in any way by any circumstance whatsoever, including without limitation, (i) the failure of any other Lender to make its payment under this subsection, (ii) the financial condition of the Borrower or any other Loan Party, (iii) the existence of any Default or Event of Default, including any Event of Default described in Section 10.1.(f) or (g) or (iv) the termination of the Commitments. Each such payment to the Administrative Agent for the account of the relevant Issuing Bank shall be made without any offset, abatement, withholding or deduction whatsoever.

(k)    Information to Lenders. Promptly following any change in Letters of Credit outstanding, the relevant Issuing Bank shall deliver to the Administrative Agent who shall provide the same to each Lender and the Borrower a notice describing the aggregate amount of all Letters of Credit issued by such Issuing Bank outstanding at such time. Upon the request of the Administrative Agent from time to time, an Issuing Bank shall deliver any other information reasonably requested by the Administrative Agent with respect to such Letter of Credit that is the subject of the request. Other than as set forth in this subsection, the Issuing Banks and the Administrative Agent shall have no duty to notify the Lenders regarding the issuance or other matters regarding Letters of Credit issued hereunder. The failure of any Issuing Bank or the Administrative Agent to perform its requirements under this subsection shall not relieve any Lender from its obligations under Section 2.3.(j).

(l)    Addition of an Issuing Bank. A Lender may become an additional Issuing Bank hereunder pursuant to a written agreement among the Borrower, the Administrative Agent and such Lender and such agreement shall specify such additional Issuing Bank’s Issuing Bank Commitment. The Administrative Agent shall notify the Lenders of any such additional Issuing Bank.

Section 2.4. Rates and Payment of Interest on Loans.

(a)    Rates. The Borrower promises to pay to the Administrative Agent for the account of each Lender interest on the unpaid principal amount of each Loan made by such Lender for the period from and including the date of the making of such Loan to but excluding the date such Loan shall be paid in full, at the following per annum rates:

(i)    during such periods as such Loan is a Base Rate Loan, at the Base Rate (as in effect from time to time), plus the Applicable Margin for Base Rate Loans; and

(ii)    during such periods as such Loan is (x) a LIBOR Loan (other than a Same-Day Borrowing), at LIBOR for such Loan for the Interest Period therefor, plus the Applicable Margin

for LIBOR Loans and (y) a LIBOR Loan that is a Same-Day Borrowing, at the LIBOR Market Index Rate plus the Applicable Margin for LIBOR Loans.

Notwithstanding the foregoing, while an Event of Default exists, the Borrower shall pay to the Administrative Agent for the account of each Lender and the Issuing Bank, as the case may be, interest at the Post-Default Rate on the outstanding principal amount of any Loan made by such Lender, on all Reimbursement Obligations and on any other amount payable by the Borrower hereunder or under the Notes held by such Lender to or for the account of such Lender (including without limitation, accrued but unpaid interest to the extent permitted under Applicable Law).

(b)    Payment of Interest. All accrued and unpaid interest on the outstanding principal amount of each Loan shall be payable (i) monthly in arrears on the first day of each calendar month, commencing with the first full calendar month occurring after the Effective Date and (ii) on any date on which the principal balance of such Loan is due and payable in full (whether at maturity, due to acceleration or otherwise). Interest payable at the Post-Default Rate shall be payable from time to time on demand. Promptly after the determination of any interest rate provided for herein or any change therein, the Administrative Agent shall give notice thereof to the Lenders to which such interest is payable and to the Borrower. All determinations by the Administrative Agent of an interest rate hereunder shall be conclusive and binding on the Lenders and the Borrower for all purposes, absent manifest error.

(c)    Borrower Information Used to Determine Applicable Interest Rates.

(i)The parties understand that the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Lenders by the Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by the Borrower) at the time it was delivered to the Administrative Agent, and if the applicable interest rate or fees calculated for any period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. The Administrative Agent shall promptly notify the Borrower in writing of any additional interest and fees due because of such recalculation, and the Borrower shall pay such additional interest or fees due to the Administrative Agent, for the account of each Lender, within 5 Business Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive the termination of this Agreement, and this provision shall not in any way limit any of the Administrative Agent’s, any Issuing Bank’s, or any Lender’s other rights under this Agreement.

(ii)Each party hereto hereby agrees that the Administrative Agent shall not have any responsibility for (or liability in respect of) reviewing, auditing or otherwise evaluating any calculation by the Borrower of whether the Borrower is Sustainability Metric Compliant (or any of the data or computations that are part of or related to any such calculation) set forth in any Sustainability Grid Notice. The Administrative Agent may rely conclusively on any Sustainability Grid Notice delivered by the Borrower without any responsibility to verify the accuracy thereof.

Section 2.5. Number of Interest Periods.

There may be no more than 6 different Interest Periods for LIBOR Loans outstanding at the same time.

Section 2.6. Repayment of Loans.

The Borrower shall repay the entire outstanding principal amount of, and all accrued but unpaid interest on, the Revolving Loans on the Termination Date.

Section 2.7. Prepayments.

(a)    Optional. Subject to Section 4.4., the Borrower may prepay any Loan in whole or in part at any time without premium or penalty. The Borrower shall give the Administrative Agent at least 3 Business Days’ prior written notice of the prepayment of any LIBOR Loan and 1 Business Day’s prior written notice of prepayment of any Base Rate Loan.

(b)    Mandatory. If at any time the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate principal amount of all outstanding Letter of Credit Liabilities, exceeds the aggregate amount of the Commitments in effect at such time, the Borrower shall immediately pay to the Administrative Agent for the accounts of the Lenders then holding Commitments (or if the Commitments have been terminated, then holding outstanding Revolving Loans and/or Letter of Credit Liabilities), the amount of such excess. Such payment shall be applied to pay all amounts of principal outstanding on the Loans and any Reimbursement Obligations in accordance with the last sentence of Section 3.2., and if any Letters of Credit are outstanding at such time, the remainder, if any, shall be deposited into the Collateral Account for application to any Reimbursement Obligations. If the Borrower is required to pay any outstanding LIBOR Loans by reason of this Section prior to the end of the applicable Interest Period, the Borrower shall pay all amounts due under Section 4.4.

Section 2.8. Continuation.

So long as no Default or Event of Default exists, the Borrower may on any Business Day, with respect to any LIBOR Loan, elect to maintain such LIBOR Loan or any portion thereof as a LIBOR Loan by selecting a new Interest Period for such LIBOR Loan. Each new Interest Period selected under this Section shall commence on the last day of the immediately preceding Interest Period. Each selection of a new Interest Period shall be made by the Borrower giving to the Administrative Agent a Notice of Continuation not later than 9:00 a.m. on the third Business Day prior to the date of any such Continuation. Such notice by the Borrower of a Continuation shall be by telecopy, electronic mail or other similar form of communication in the form of a Notice of Continuation, specifying (a) the proposed date of such Continuation, (b) the LIBOR Loan and portion thereof subject to such Continuation and (c) the duration of the selected Interest Period, all of which shall be specified in such manner as is necessary to comply with all limitations on Loans outstanding hereunder. Each Notice of Continuation shall be irrevocable by and binding on the Borrower once given. Promptly after receipt of a Notice of Continuation, the Administrative Agent shall notify each Lender of the proposed Continuation. If the Borrower shall fail to select in a timely manner a new Interest Period for any LIBOR Loan in accordance with this Section, or if a Default or Event of Default exists, such Loan will automatically, on the last day of the current Interest Period therefor, Convert into a Base Rate Loan notwithstanding the first sentence of Section 2.9. or the Borrower’s failure to comply with any of the terms of such Section.

Section 2.9. Conversion.

So long as no Default or Event of Default exists, the Borrower may on any Business Day, upon the Borrower’s giving of a Notice of Conversion to the Administrative Agent by telecopy, electronic mail or other similar form of communication, Convert all or a portion of a Loan of one Type into a Loan of another Type. Any Conversion of a LIBOR Loan into a Base Rate Loan shall be made on, and only on, the last day of an Interest Period for such LIBOR Loan and, upon Conversion of a Base Rate Loan into a LIBOR Loan,

the Borrower shall pay accrued interest to the date of Conversion on the principal amount so Converted in accordance with Section 2.4. Each such Notice of Conversion shall be given not later than 9:00 a.m. one Business Day prior to the date of any proposed Conversion into Base Rate Loans and 3 Business Days prior to the date of any proposed Conversion into LIBOR Loans. Promptly after receipt of a Notice of Conversion, the Administrative Agent shall notify each Lender of the proposed Conversion. Subject to the restrictions specified above, each Notice of Conversion shall be by telecopy, electronic mail or other similar form of communication in the form of a Notice of Conversion specifying (a) the requested date of such Conversion, (b) the Type of Loan to be Converted, (c) the portion of such Type of Loan to be Converted, (d) the Type of Loan such Loan is to be Converted into and (e) if such Conversion is into a LIBOR Loan, the requested duration of the Interest Period of such Loan. Each Notice of Conversion shall be irrevocable by and binding on the Borrower once given.

Section 2.10. Notes.

(a)    Notes. Except in the case of a Lender that has requested not to receive a Revolving Note, the Revolving Loans made by each Lender shall be evidenced by this Agreement and, if requested by a Lender, also be evidenced by a promissory note of the Borrower substantially in the form of Exhibit H (each a “Revolving Note”), payable to the order of such Lender in a principal amount equal to the amount of its Commitment as originally in effect and otherwise duly completed.

(b)    Records. The date, amount, interest rate, Type and duration of Interest Periods (if applicable) of each Loan made by each Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and such entries shall be binding on the Borrower absent manifest error; provided, however, that (i) the failure of a Lender to make any such record shall not affect the obligations of the Borrower under any of the Loan Documents and (ii) if there is a discrepancy between such records of a Lender and the statements of accounts maintained by the Administrative Agent pursuant to Section 3.9., in the absence of manifest error, the statements of account maintained by the Administrative Agent pursuant to Section 3.9. shall be controlling.

(c)    Lost, Stolen, Destroyed or Mutilated Notes. Upon receipt by the Borrower of (i) written notice from a Lender that a Note of such Lender has been lost, stolen, destroyed or mutilated, and (ii)(A) in the case of loss, theft or destruction, an unsecured agreement of indemnity from such Lender in form reasonably satisfactory to the Borrower, or (B) in the case of mutilation, upon surrender and cancellation of such Note, the Borrower shall at its own expense execute and deliver to such Lender a new Note dated the date of such lost, stolen, destroyed or mutilated Note.

Section 2.11. Extension of Termination Date.

Subject to the terms of this Section, the Borrower shall have the right, exercisable up to two times, to request that the Administrative Agent and the Lenders extend the Termination Date by six-months in the case of each such extension. The Borrower may exercise such right only by executing and delivering to the Administrative Agent at least 30 days but not more than 90 days prior to the current Termination Date, a written request for such extension (an “Extension Request”). The Administrative Agent shall forward to each Lender a copy of the Extension Request delivered to the Administrative Agent promptly upon receipt thereof. Subject to satisfaction of the following conditions, the Termination Date shall be extended for six-months effective upon receipt by the Administrative Agent of the Extension Request and payment of the fee referred to in the following clause (c): (a) immediately prior to such extension and immediately after giving effect thereto, no Default or Event of Default shall exist, (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party would be true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty will be true and correct in all

respects) immediately after giving effect to the requested extension of the Termination Date, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty is true and accurate in all respects) on and as of such earlier date) and (c) the Borrower shall have paid the Fees payable under Section 3.6. (d). At any time prior to the effectiveness of any such extension, upon the Administrative Agent’s request, the Borrower shall deliver to the Administrative Agent a certificate from a Responsible Officer of the Borrower certifying the matters referred to in the immediately preceding clauses (a) and (b).

Section 2.12. Expiration or Maturity Date of Letters of Credit Past Termination Date.

If on the date the Commitments are terminated (whether voluntarily, by reason of the occurrence of an Event of Default or otherwise), there are any Letters of Credit outstanding hereunder, the Borrower shall, on such date, pay to the Administrative Agent, for its benefit and the benefit of the Lenders and the Issuing Bank, an amount of money equal to the Stated Amount of such Letter(s) of Credit for deposit into the Collateral Account. If a drawing pursuant to any such Letter of Credit occurs on or prior to the expiration date of such Letter of Credit, the Borrower authorizes the Administrative Agent to use the monies deposited in the Collateral Account to reimburse the Issuing Bank for the payment made by the Issuing Bank to the beneficiary with respect to such drawing or the payee with respect to such presentment. If no drawing occurs on or prior to the expiration date of such Letter of Credit, the Administrative Agent shall pay to the Borrower (or to whomever else may be legally entitled thereto) the monies deposited in the Collateral Account with respect to such outstanding Letter of Credit on or before the date 30 days after the expiration date of such Letter of Credit.

Section 2.13. Voluntary Reductions of the Commitment.

The Borrower may terminate or reduce the aggregate unused amount of the Commitments (for which purpose use of the Commitments shall be deemed to include the aggregate amount of Letter of Credit Liabilities) at any time and from time to time without penalty or premium upon not less than 5 Business Days prior written notice to the Administrative Agent of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction and shall be irrevocable once given and effective only upon receipt by the Administrative Agent (“Commitment Reduction Notice”); provided, however, that if the Borrower seeks to reduce the aggregate amount of the Commitments below $100,000,000, then the Commitments shall be reduced to zero and except as otherwise provided herein, the provisions of this Agreement shall terminate. Promptly after receipt of a Commitment Reduction Notice the Administrative Agent shall notify each Lender of the proposed termination or Commitment reduction. The Commitments, once terminated or reduced pursuant to this Section, may not be increased or reinstated. The Borrower shall pay all interest and fees on the Loans accrued to the date of such reduction or termination of the Commitments to the Administrative Agent for the account of the Lenders, including but not limited to any applicable compensation due to each Lender in accordance with Section 4.4. of this Agreement.

Section 2.14. Increase of Commitments.

The Borrower shall have the right at any time and from time to time during the period beginning on the Effective Date through and including the date 180 days prior to the Termination Date to request increases in the aggregate amount of the Commitments (provided that after giving effect to any increases in the Commitments pursuant to this Section, the aggregate amount of the Commitments shall not exceed $2,000,000,000) by providing written notice to the Administrative Agent, which notice shall be irrevocable once given. Each such increase in the Commitments must be an aggregate minimum amount of

$50,000,000 and integral multiples of $15,000,000 in excess thereof. The Administrative Agent, in consultation with the Borrower, shall manage all aspects of the syndication of such increase in the Commitments, including decisions as to the selection of the existing Lenders and/or other banks, financial institutions and other institutional lenders to be approached with respect to such increase and the allocations of the increase in the Commitments among such existing Lenders and/or other banks, financial institutions and other institutional lenders. No Lender shall be obligated in any way whatsoever to increase its Commitment, and any new Lender becoming a party to this Agreement in connection with any such requested increase must be an Eligible Assignee. If a new Lender becomes a party to this Agreement, or if any existing Lender agrees to increase its Commitment, such Lender shall on the date it becomes a Lender hereunder (or increases its Commitment, in the case of an existing Lender) (and as a condition thereto) purchase from the other Lenders its Commitment Percentage (determined with respect to the Lenders’ relative Commitments and after giving effect to the increase of Commitments) of any outstanding Revolving Loans, by making available to the Administrative Agent for the account of such other Lenders, in same day funds, an amount equal to the sum of (A) the portion of the outstanding principal amount of such Revolving Loans to be purchased by such Lender plus (B) the aggregate amount of payments previously made by the other Lenders under Section 2.3.(j) which have not been repaid plus (C) interest accrued and unpaid to and as of such date on such portion of the outstanding principal amount of such Revolving Loans. The Borrower shall pay to the Lenders amounts payable, if any, to such Lenders under Section 4.4. as a result of the prepayment of any such Revolving Loans. Effecting the increase of the Commitments under this Section is subject to the following conditions precedent: (x) no Default or Event of Default shall be in existence on the effective date of such increase, (y) the representations and warranties made or deemed made by the Borrower or any other Loan Party in any Loan Document to which such Loan Party is a party shall be true or correct on the effective date of such increase except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder, and (z)  the Administrative Agent shall have received each of the following, in form and substance satisfactory to the Administrative Agent: (i) if not previously delivered to the Administrative Agent, copies certified by the Secretary or Assistant Secretary of (A) all corporate, partnership, member or other necessary action taken by the Borrower to authorize such increase and (B) all corporate, partnership, member or other necessary action taken by each existing Guarantor authorizing the guaranty of such increase; and (ii) an opinion of counsel to the Borrower and such Guarantors, and addressed to the Administrative Agent and the Lenders covering such matters as reasonably requested by the Administrative Agent, and (iii) new Notes executed by the Borrower, payable to any new Lenders and replacement Notes executed by the Borrower, payable to any existing Lenders increasing their Commitments, in the amount of such Lender’s Commitment at the time of the effectiveness of the applicable increase in the aggregate amount of the Commitments. In connection with any increase in the aggregate amount of the Commitments pursuant to this Section 2.14. any Lender becoming a party hereto shall execute such documents and agreements as the Administrative Agent may reasonably request.

Section 2.15. Amount Limitations.

Notwithstanding any other term of this Agreement or any other Loan Document, no Lender shall be required to make a Loan, and the Issuing Bank shall not be required to issue a Letter of Credit, if immediately after the making of such Loan or the issuance of such Letter of Credit the aggregate principal amount of all outstanding Revolving Loans, together with the aggregate amount of all Letter of Credit Liabilities, would exceed the aggregate amount of the Commitments at such time.

Section 2.16. Funds Transfer Disbursements.

The Borrower hereby authorizes the Administrative Agent to disburse the proceeds of any Loan made by the Lenders or any of their Affiliates pursuant to the Loan Documents as requested by an

authorized representative of the Borrower to any of the accounts designated in the Disbursement Instruction Agreement.

Article III. Payments, Fees and Other General Provisions

Section 3.1. Payments.

(a)    Payments by Borrower. Except to the extent otherwise provided herein, all payments of principal, interest, Fees and other amounts to be made by the Borrower under this Agreement, the Notes or any other Loan Document shall be made in Dollars, in immediately available funds, without deduction, set-off or counterclaim, to the Administrative Agent at the Principal Office, not later than 11:00 a.m. on the date on which such payment shall become due (each such payment made after such time on such due date to be deemed to have been made on the next succeeding Business Day). Subject to Section 10.5., the Borrower shall, at the time of making each payment under this Agreement or any other Loan Document, specify to the Administrative Agent the amounts payable by the Borrower hereunder to which such payment is to be applied. Each payment received by the Administrative Agent for the account of a Lender under this Agreement or any Note shall be paid to such Lender by wire transfer of immediately available funds in accordance with the wiring instructions provided by such Lender to the Administrative Agent from time to time, for the account of such Lender at the applicable Lending Office of such Lender. Each payment received by the Administrative Agent for the account of the Issuing Bank under this Agreement shall be paid to the Issuing Bank by wire transfer of immediately available funds in accordance with the wiring instructions provided by the Issuing Bank to the Administrative Agent from time to time, for the account of the Issuing Bank. In the event the Administrative Agent fails to pay such amounts to such Lender or the Issuing Bank, as the case may be, within one Business Day of receipt of such amounts, the Administrative Agent shall pay interest on such amount until paid at a rate per annum equal to the Federal Funds Rate from time to time in effect. If the due date of any payment under this Agreement or any other Loan Document would otherwise fall on a day which is not a Business Day such date shall be extended to the next succeeding Business Day and interest shall continue to accrue at the rate, if any, applicable to such payment for the period of such extension.

(b)    Presumptions Regarding Payments by Borrower. Unless the Administrative Agent shall have received notice from the Borrower prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or the Issuing Bank hereunder that the Borrower will not make such payment, the Administrative Agent may assume that the Borrower has made such payment on such date in accordance herewith and may (but shall not be obligated to), in reliance upon such assumption, distribute to the Lenders or the Issuing Bank, as the case may be, the amount due. In such event, if the Borrower has not in fact made such payment, then each of the Lenders or the Issuing Bank, as the case may be, severally agrees to repay to the Administrative Agent on demand that amount so distributed to such Lender or the Issuing Bank, with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.

Section 3.2. Pro Rata Treatment.

Except to the extent otherwise provided herein: (a) each borrowing from the Lenders under Sections 2.1.(a) and 2.3.(e) shall be made from the Lenders, each payment of the Fees under Sections 3.6.(b), the first sentence of Sections 3.6.(c) and Section 3.6.(d) shall be made for the account of the Lenders, and each termination or reduction of the amount of the Commitments under Section 2.13. shall be applied to the respective Commitments of the Lenders, pro rata according to the amounts of their respective Commitments; (b) each payment or prepayment of principal of Revolving Loans by the Borrower

shall be made for the account of the Lenders pro rata in accordance with the respective unpaid principal amounts of the Revolving Loans held by them, provided that, subject to Section 3.10., if immediately prior to giving effect to any such payment in respect of any Revolving Loans the outstanding principal amount of the Revolving Loans shall not be held by the Lenders pro rata in accordance with their respective Commitments in effect at the time such Revolving Loans were made, then such payment shall be applied to the Revolving Loans in such manner as shall result, as nearly as is practicable, in the outstanding principal amount of the Revolving Loans being held by the Lenders pro rata in accordance with their respective Commitments; (c) each payment of interest on Revolving Loans by the Borrower shall be made for the account of the Lenders pro rata in accordance with the amounts of interest on such Revolving Loans then due and payable to the respective Lenders; (d) the Conversion and Continuation of Revolving Loans of a particular Type (other than Conversions provided for by Section 4.6.) shall be made pro rata among the Lenders according to the amounts of their respective Loans and the then current Interest Period for each Lender’s portion of each Loan of such Type shall be coterminous; and (e)  the Lenders’ participation in, and payment obligations in respect of, Letters of Credit under Section 2.3., shall be in accordance with their respective Commitment Percentage. Any payment or prepayment of principal or interest made (i) during the existence of a Default or Event of Default shall be made for the account of the Lenders in accordance with the order set forth in Section 10.5. and (ii) pursuant to Section 2.7.(b), shall be made for the account of the Lenders holding Commitments (or, if the Commitments have been terminated, holding Revolving Loans and Letter of Credit Liabilities) in accordance with the order set forth in Section 10.5.

Section 3.3. Sharing of Payments, Etc.

If a Lender shall obtain payment of any principal of, or interest on, any Loan under this Agreement or shall obtain payment on any other Obligation owing by the Borrower or any other Loan Party through the exercise of any right of set-off, banker’s lien, counterclaim or similar right or otherwise or through voluntary prepayments directly to a Lender or other payments made by the Borrower or any other Loan Party to a Lender (other than any payment in respect of Specified Derivatives Obligations) not in accordance with the terms of this Agreement and such payment should be distributed to the Lenders in accordance with Section 3.2. or Section 10.5., as applicable, such Lender shall promptly purchase from the other Lenders participations in (or, if and to the extent specified by such Lender, direct interests in) the Loans made by the other Lenders or other Obligations owed to such other Lenders in such amounts, and make such other adjustments from time to time as shall be equitable, to the end that all the Lenders shall share the benefit of such payment (net of any reasonable expenses which may actually be incurred by such Lender in obtaining or preserving such benefit) in accordance with the requirements of Section 3.2. or Section 10.5., as applicable. To such end, all the Lenders shall make appropriate adjustments among themselves (by the resale of participations sold or otherwise) if such payment is rescinded or must otherwise be restored. The Borrower agrees that any Lender so purchasing a participation (or direct interest) in the Loans or other Obligations owed to such other Lenders may exercise all rights of set-off, banker’s lien, counterclaim or similar rights with respect to such participation as fully as if such Lender were a direct holder of Loans in the amount of such participation. Nothing contained herein shall require any Lender to exercise any such right or shall affect the right of any Lender to exercise and retain the benefits of exercising, any such right with respect to any other indebtedness or obligation of the Borrower.

Section 3.4. Several Obligations.

No Lender shall be responsible for the failure of any other Lender to make a Loan or to perform any other obligation to be made or performed by such other Lender hereunder, and the failure of any Lender to make a Loan or to perform any other obligation to be made or performed by it hereunder shall not relieve the obligation of any other Lender to make any Loan or to perform any other obligation to be made or performed by such other Lender.

Section 3.5. Minimum Amounts.

(a)    Borrowings and Conversions. Each borrowing of Base Rate Loans shall be in an aggregate minimum amount of $100,000 and integral multiples of $100,000 in excess thereof. Each borrowing and each Conversion of LIBOR Loans shall be in an aggregate minimum amount of $1,000,000 and integral multiples of $100,000 in excess of that amount.

(b)    Prepayments. Each voluntary prepayment of Revolving Loans shall be in an aggregate minimum amount of $100,000 and integral multiples of $100,000 in excess thereof (or, if less, the aggregate principal amount of Revolving Loans then outstanding).

(c)    Reductions of Commitments. Each reduction of the Commitments under Section 2.13. shall be in an aggregate minimum amount of $10,000,000 and integral multiples of $5,000,000 in excess thereof.

(d)    Letters of Credit. The initial Stated Amount of each Letter of Credit shall be at least $50,000.

Section 3.6. Fees.

(a)    Closing Fee. On the Effective Date, the Borrower agrees to pay to the Administrative Agent and each Lender all loan fees as have been agreed to in writing by the Borrower and the Administrative Agent.

(b)    Facility Fees. The Borrower agrees to pay to the Administrative Agent for the account of each Lender a facility fee equal to the average daily amount of the Commitment of such Lender (whether or not utilized) times the Facility Fee for the period from and including the Agreement Date to but excluding the date such Commitment is terminated or reduced to zero or the Termination Date, such fee to be paid quarterly in arrears on (i) the last day of each March, June, September and December in each year, (ii) the date of each reduction in the Commitments (but only on the amount of the reduction) and (iii) on the Termination Date. The Borrower acknowledges that the fee payable hereunder is a bona fide commitment fee and is intended as reasonable compensation to the Lenders for committing to make funds available to the Borrower as described herein and for no other purposes.

(c)    Letter of Credit Fees. The Borrower agrees to pay to the Administrative Agent for the account of each Lender a letter of credit fee at a rate per annum equal to the Applicable Margin times the daily average Stated Amount of each Letter of Credit for the period from and including the date of issuance of such Letter of Credit (x) to and including the date such Letter of Credit expires or is terminated or (y) to but excluding the date such Letter of Credit is drawn in full. The fees provided for in the immediately preceding sentence shall be nonrefundable and payable in arrears (i) quarterly on the last day of March, June, September and December in each year, (ii) on the Termination Date, (iii) on the date the Commitments are terminated or reduced to zero and (iv) thereafter from time to time on demand of the Administrative Agent. In addition to such fees, the Borrower shall pay to the Issuing Bank solely for its own account and not the account of any Lender, a fronting fee in respect of each Letter of Credit at the rate equal to one-eighth of one percent (0.125%) per annum on the daily average Stated Amount of such Letter of Credit for the period from and including the date of issuance of such Letter of Credit (A) through and including the date such Letter of Credit expires or is terminated or (B) to but excluding the date such Letter of Credit is drawn in full. The fee provided for in the immediately preceding sentence shall be nonrefundable and payable upon issuance of the applicable Letter of Credit. The Borrower shall pay directly to the Issuing Bank from time to time on demand all commissions, charges, costs and

expenses in the amounts customarily charged by the Issuing Bank from time to time in like circumstances with respect to the issuance of each Letter of Credit, drawings, amendments, extensions, renewals and other transactions relating thereto.

(d)    Extension Fee. If the Borrower exercises its right to extend the Termination Date in accordance with Section 2.11., the Borrower agrees to pay to the Administrative Agent for the account of each Lender a fee equal to 0.0625% of the amount of such Lender’s Commitment (whether or not utilized) payable in connection with each such extension. Such fee shall be due and payable in full on or before the date that is 30 days prior to the current Termination Date.

(e)    Administrative and Other Fees. The Borrower agrees to pay the administrative and other fees of the Administrative Agent as provided in the Fee Letter and as may be otherwise agreed to in writing by the Borrower and the Administrative Agent from time to time.

Section 3.7. Computations.

Unless otherwise expressly set forth herein, any accrued interest on any Loan, any Fees or other Obligations due hereunder shall be computed on the basis of a year of 360 days and the actual number of days elapsed.

Section 3.8. Usury.

In no event shall the amount of interest due or payable on the Loans or other Obligations exceed the maximum rate of interest allowed by Applicable Law and, if any such payment is paid by the Borrower or any other Loan Party or received by any Lender, then such excess sum shall be credited as a payment of principal, unless the Borrower shall notify the respective Lender in writing that the Borrower elects to have such excess sum returned to it forthwith. It is the express intent of the parties hereto that the Borrower not pay and the Lenders not receive, directly or indirectly, in any manner whatsoever, interest in excess of that which may be lawfully paid by the Borrower under Applicable Law. The parties hereto hereby agree and stipulate that the only charge imposed upon the Borrower for the use of money in connection with this Agreement is and shall be the interest specifically described in Section 2.4.(a)(i) and (a)(ii). Notwithstanding the foregoing, the parties hereto further agree and stipulate that all agency fees, syndication fees, facility fees, extension fees, closing fees, letter of credit fees, underwriting fees, default charges, late charges, funding or “breakage” charges, increased cost charges, attorneys’ fees and reimbursement for costs and expenses paid by the Administrative Agent or any Lender to third parties or for damages incurred by the Administrative Agent or any Lender, in each case, in connection with the transactions contemplated by this Agreement and the other Loan Documents, are charges made to compensate the Administrative Agent or any such Lender for underwriting or administrative services and costs or losses performed or incurred, and to be performed or incurred, by the Administrative Agent and the Lenders in connection with this Agreement and shall under no circumstances be deemed to be charges for the use of money. All charges other than charges for the use of money shall be fully earned and nonrefundable when due.

Section 3.9. Statements of Account.

The Administrative Agent will account to the Borrower monthly with a statement of Loans, accrued interest and Fees, charges and payments made pursuant to this Agreement and the other Loan Documents, and such account rendered by the Administrative Agent shall be deemed conclusive upon the Borrower absent manifest error. The failure of the Administrative Agent to deliver such a statement of accounts shall not relieve or discharge the Borrower from any of its obligations hereunder.

Section 3.10. Defaulting Lenders.

Notwithstanding anything to the contrary contained in this Agreement, if any Lender becomes a Defaulting Lender, then, until such time as such Lender is no longer a Defaulting Lender, to the extent permitted by Applicable Law:

(a)    Waivers and Amendments. Such Defaulting Lender’s right to approve or disapprove any amendment, waiver or consent with respect to this Agreement shall be restricted as set forth in the definition of Requisite Lenders.

(b)    Defaulting Lender Waterfall. Any payment of principal, interest, Fees or other amounts received by the Administrative Agent for the account of such Defaulting Lender (whether voluntary or mandatory, at maturity, pursuant to Article X. or otherwise) or received by the Administrative Agent from a Defaulting Lender pursuant to Section 3.3. shall be applied at such time or times as may be determined by the Administrative Agent as follows: first, to the payment of any amounts owing by such Defaulting Lender to the Administrative Agent hereunder; second, to the payment on a pro rata basis of any amounts owing by such Defaulting Lender to the Issuing Bank hereunder; third, to Cash Collateralize the Issuing Bank’s Fronting Exposure with respect to such Defaulting Lender in accordance with subsection (e) below; fourth, as the Borrower may request (so long as no Default or Event of Default exists), to the funding of any Loan in respect of which such Defaulting Lender has failed to fund its portion thereof as required by this Agreement, as determined by the Administrative Agent; fifth, if so determined by the Administrative Agent and the Borrower, to be held in a deposit account and released pro rata in order to (x) satisfy such Defaulting Lender’s potential future funding obligations with respect to Loans under this Agreement and (y) Cash Collateralize the Issuing Bank’s future Fronting Exposure with respect to such Defaulting Lender with respect to future Letters of Credit issued under this Agreement, in accordance with subsection (e) below; sixth, to the payment of any amounts owing to the Lenders or the Issuing Bank as a result of any judgment of a court of competent jurisdiction obtained by any Lender or the Issuing Bank against such Defaulting Lender as a result of such Defaulting Lender’s breach of its obligations under this Agreement; seventh, so long as no Default or Event of Default exists, to the payment of any amounts owing to the Borrower as a result of any judgment of a court of competent jurisdiction obtained by the Borrower against such Defaulting Lender as a result of such Defaulting Lender’s breach of its obligations under this Agreement; and eighth, to such Defaulting Lender or as otherwise directed by a court of competent jurisdiction; provided that if (x) such payment is a payment of the principal amount of any Loans or amounts owing by such Defaulting Lender under Section 2.3.(j) in respect of Letters of Credit (such amounts “L/C Disbursements”), in respect of which such Defaulting Lender has not fully funded its appropriate share, and (y) such Loans were made or the related Letters of Credit were issued at a time when the conditions set forth in Article V. were satisfied or waived, such payment shall be applied solely to pay the Loans of, and L/C Disbursements owed to, all Non-Defaulting Lenders on a pro rata basis prior to being applied to the payment of any Loans of, or L/C Disbursements owed to, such Defaulting Lender until such time as all Loans and funded and unfunded participations in Letter of Credit Liabilities are held by the Lenders pro rata in accordance with their respective Commitment Percentages (determined without giving effect to the immediately following subsection (d)). Any payments, prepayments or other amounts paid or payable to a Defaulting Lender that are applied (or held) to pay amounts owed by a Defaulting Lender or to post Cash Collateral pursuant to this subsection shall be deemed paid to and redirected by such Defaulting Lender, and each Lender irrevocably consents hereto.

(c)    Certain Fees.

(i)    Each Defaulting Lender shall be entitled to receive the Fee payable under Section 3.6.(b) for any period during which that Lender is a Defaulting Lender only to extent allocable to the sum of (1) the outstanding principal amount of the Revolving Loans funded by it,

and (2) its Commitment Percentage of the Stated Amount of Letters of Credit for which it has provided Cash Collateral pursuant to the immediately following subsection (e).

(ii)    Each Defaulting Lender shall be entitled to receive the fees payable under Section 3.6.(c) for any period during which that Lender is a Defaulting Lender only to the extent allocable to its Commitment Percentage of the stated amount of Letters of Credit for which it has provided Cash Collateral pursuant to the immediately following subsection (e).

(iii)    With respect to any Fee not required to be paid to any Defaulting Lender pursuant to the immediately preceding clauses (i) or (ii), the Borrower shall (x) pay to each Non-Defaulting Lender that portion of any such Fee otherwise payable to such Defaulting Lender with respect to such Defaulting Lender’s participation in Letter of Credit Liabilities that has been reallocated to such Non-Defaulting Lender pursuant to the immediately following subsection (d), (y) pay to each Issuing Bank the amount of any such Fee otherwise payable to such Defaulting Lender to the extent allocable to such Issuing Bank’s Fronting Exposure to such Defaulting Lender, and (z) not be required to pay the remaining amount of any such Fee.

(d)    Reallocation of Participations to Reduce Fronting Exposure. All or any part of such Defaulting Lender’s participation in Letter of Credit Liabilities shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Commitment Percentages (determined without regard to such Defaulting Lender’s Commitment) but only to the extent that (x) the conditions set forth in Article V. are satisfied at the time of such reallocation (and, unless the Borrower shall have otherwise notified the Administrative Agent at such time, the Borrower shall be deemed to have represented and warranted that such conditions are satisfied at such time), and (y) such reallocation does not cause the aggregate Revolving Credit Exposure of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

(e)    Cash Collateral.

(i)    If the reallocation described in the immediately preceding subsection (d) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, Cash Collateralize the Issuing Bank’s Fronting Exposure in accordance with the procedures set forth in this subsection.

(ii)    At any time that there shall exist a Defaulting Lender, within 1 Business Day following the written request of the Administrative Agent or the Issuing Bank (with a copy to the Administrative Agent), the Borrower shall Cash Collateralize the Issuing Bank’s Fronting Exposure with respect to such Defaulting Lender (determined after giving effect to the immediately preceding subsection (d) and any Cash Collateral provided by such Defaulting Lender) in an amount not less than the aggregate Fronting Exposure of the Issuing Bank with respect to Letters of Credit issued and outstanding at such time.

(iii)    The Borrower, and to the extent provided by any Defaulting Lender, such Defaulting Lender, hereby grant to the Administrative Agent, for the benefit of the Issuing Bank, and agree to maintain, a first priority security interest in all such Cash Collateral as security for the Defaulting Lenders’ obligation to fund participations in respect of Letter of Credit Liabilities, to be applied pursuant to the immediately following clause (iv). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the

Administrative Agent and the Issuing Bank as herein provided, or that the total amount of such Cash Collateral is less than the aggregate Fronting Exposure of the Issuing Bank with respect to Letters of Credit issued and outstanding at such time, the Borrower will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by the Defaulting Lender).

(iv)    Notwithstanding anything to the contrary contained in this Agreement, Cash Collateral provided under this Section in respect of Letters of Credit shall be applied to the satisfaction of the Defaulting Lender’s obligation to fund participations in respect of Letter of Credit Liabilities (including, as to Cash Collateral provided by a Defaulting Lender, any interest accrued on such obligation) for which the Cash Collateral was so provided, prior to any other application of such property as may otherwise be provided for herein.

(v)    Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this subsection following (x) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (y) the determination by the Administrative Agent and the Issuing Bank that there exists excess Cash Collateral.

(f)    Defaulting Lender Cure. If the Borrower, the Administrative Agent and the Issuing Bank agree in writing that a Lender is no longer a Defaulting Lender, the Administrative Agent will so notify the parties hereto, whereupon as of the effective date specified in such notice and subject to any conditions set forth therein (which may include arrangements with respect to any Cash Collateral), that Lender will, to the extent applicable, purchase at par that portion of outstanding Loans of the other Lenders or take such other actions as the Administrative Agent may determine to be necessary to cause the Loans and funded and unfunded participations in Letters of Credit to be held pro rata by the Lenders in accordance with their respective Commitment Percentages (determined without giving effect to the immediately preceding subsection (d)), whereupon such Lender will cease to be a Defaulting Lender; provided that no adjustments will be made retroactively with respect to Fees accrued or payments made by or on behalf of the Borrower while that Lender was a Defaulting Lender; and provided, further, that except to the extent otherwise expressly agreed by the affected parties, no change hereunder from Defaulting Lender to Lender will constitute a waiver or release of any claim of any party hereunder arising from that Lender’s having been a Defaulting Lender.

(g)    New Letters of Credit. So long as any Lender is a Defaulting Lender, the Issuing Bank shall not be required to issue, extend, renew or increase any Letter of Credit unless it is satisfied that it will have no Fronting Exposure after giving effect thereto.

Section 3.11. Taxes.

(a)    Issuing Banks. For purposes of this Section, the term “Lender” includes the Issuing Banks and the Administrative Agent, the term “Applicable Law” includes FATCA and the term “IRS Form W-8BEN” includes both IRS Form W-8BEN and IRS Form W-8BEN-E, as applicable.

(b)    Payments Free of Taxes. Any and all payments by or on account of any obligation of the Borrower or any other Loan Party under any Loan Document shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If any Applicable Law (as determined in the good faith discretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment by a Withholding Agent, then the applicable Withholding Agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld

to the relevant Governmental Authority in accordance with Applicable Law and, if such Tax is an Indemnified Tax, then the sum payable by the Borrower or other applicable Loan Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section) the applicable Recipient receives an amount equal to the sum it would have received had no such deduction or withholding been made.

(c)    Payment of Other Taxes by the Borrower. The Borrower and the other Loan Parties shall timely pay to the relevant Governmental Authority in accordance with Applicable Law, or at the option of the Administrative Agent timely reimburse it for the payment of, any Other Taxes.

(d)    Indemnification by the Borrower. Without duplication of any obligation under the preceding subsections (b) or (c), the Borrower and the other Loan Parties shall jointly and severally indemnify each Recipient, within 10 days after demand therefor, for the full amount of any Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section) payable or paid by such Recipient or required to be withheld or deducted from a payment to such Recipient and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to the Borrower by a Lender (with a copy to the Administrative Agent), or by the Administrative Agent on its own behalf or on behalf of a Lender, shall be conclusive absent manifest error.

(e)    Indemnification by the Lenders. Each Lender shall severally indemnify the Administrative Agent, within 10 days after demand therefor, for (i) any Indemnified Taxes attributable to such Lender (but only to the extent that the Borrower or another Loan Party has not already indemnified the Administrative Agent for such Indemnified Taxes and without limiting the obligation of the Borrower and the other Loan Parties to do so), (ii) any Taxes attributable to such Lender’s failure to comply with the provisions of Section 12.6. relating to the maintenance of a Participant Register and (iii) any Excluded Taxes attributable to such Lender, in each case, that are payable or paid by the Administrative Agent in connection with any Loan Document, and any reasonable expenses arising therefrom or with respect thereto, whether or not such Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to any Lender by the Administrative Agent shall be conclusive absent manifest error. Each Lender hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender under any Loan Document or otherwise payable by the Administrative Agent to the Lender from any other source against any amount due to the Administrative Agent under this subsection. The provisions of this subsection shall continue to inure to the benefit of an Administrative Agent following its resignation as Administrative Agent.

(f)    Evidence of Payments. As soon as practicable after any payment of Taxes by the Borrower or any other Loan Party to a Governmental Authority pursuant to this Section, the Borrower or such other Loan Party shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.

(g)    Status of Lenders.

(i)    Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Borrower and the Administrative Agent, at the time or times reasonably requested by the Borrower or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding. In addition, any Lender, if reasonably requested

by the Borrower or the Administrative Agent, shall deliver such other documentation prescribed by Applicable Law or reasonably requested by the Borrower or the Administrative Agent as will enable the Borrower or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation (other than such documentation set forth in the immediately following clauses (ii)(A), (ii)(B) and (ii)(D)) shall not be required if in the Lender’s reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.

(ii)    Without limiting the generality of the foregoing, in the event that the Borrower is a U.S. Person:

(A)    any Lender that is a U.S. Person shall deliver to the Borrower and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent), an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of an executed IRS Form W-9 (or any successor form) certifying that such Lender is exempt from U.S. federal backup withholding tax;

(B)    any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to the Borrower and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent), whichever of the following is applicable:

(I)    in the case of a Foreign Lender claiming the benefits of an income tax treaty to which the United States is a party (x) with respect to payments of interest under any Loan Document, an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of an executed IRS Form W-8BEN establishing an exemption from, or reduction of, U.S. federal withholding Tax pursuant to the “interest” article of such tax treaty and (y) with respect to any other applicable payments under any Loan Document, IRS Form W-8BEN establishing an exemption from, or reduction of, U.S. federal withholding Tax pursuant to the “business profits” or “other income” article of such tax treaty;

(II)    an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of an executed IRS Form W-8ECI;

(III)    in the case of a Foreign Lender claiming the benefits of the exemption for portfolio interest under Section 881(c) of the Internal Revenue Code, (x) a certificate substantially in the form of Exhibit N-1 to the effect that such Foreign Lender is not a “bank” within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, a “10 percent shareholder” of the Borrower within the meaning of Section 881(c)(3)(B) of the Internal Revenue Code, or a “controlled foreign corporation” described in Section 881(c)(3)(C) of the Internal Revenue Code (a “U.S. Tax Compliance Certificate”) and (y) an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of IRS Form W-8BEN; or

(IV)    to the extent a Foreign Lender is not the beneficial owner, an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of an executed IRS Form W-8IMY, accompanied by IRS Form W-8ECI, IRS Form W-8BEN, a U.S. Tax Compliance Certificate substantially in the form of Exhibit N-2 or Exhibit N-3, IRS Form W-9, and/or other certification documents from each beneficial owner, as applicable; provided that if the Foreign Lender is a partnership and one or more direct or indirect partners of such Foreign Lender are claiming the portfolio interest exemption, such Foreign Lender may provide a U.S. Tax Compliance Certificate substantially in the form of Exhibit N-4 on behalf of each such direct and indirect partner;

(C)    any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to the Borrower and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower or the Administrative Agent), an electronic copy (or an original if requested by the Borrower or the Administrative Agent) of any other form prescribed by Applicable Law as a basis for claiming exemption from or a reduction in U.S. federal withholding Tax, duly completed, together with such supplementary documentation as may be prescribed by Applicable Law to permit the Borrower or the Administrative Agent to determine the withholding or deduction required to be made; and

(D)    if a payment made to a Recipient under any Loan Document would be subject to U.S. federal withholding Tax imposed by FATCA if such Recipient were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Internal Revenue Code, as applicable), such Recipient shall deliver to the Borrower and the Administrative Agent at the time or times prescribed by Applicable Law and at such time or times reasonably requested by the Borrower or the Administrative Agent such documentation prescribed by Applicable Law (including as prescribed by Section 1471(b)(3)(C)(i) of the Internal Revenue Code) and such additional documentation reasonably requested by the Borrower or the Administrative Agent as may be necessary for the Borrower and the Administrative Agent to comply with their obligations under FATCA and to determine that such Recipient has complied with such Recipient’s obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), “FATCA” shall include any amendments made to FATCA after the date of this Agreement.

(iii)     If an Administrative Agent is a United States person (as defined in Section 7701(a)(30) of the Code), upon the request of the Borrower, it shall deliver to the Borrower on or prior to the date on which it becomes an Administrative Agent under this Agreement with two duly completed copies of Form W-9. If the Administrative Agent is not a United States person (as defined in Section 7701(a)(30) of the Code), upon the request of the Borrower, it shall provide to the Borrower on or prior to the date on which it becomes an Administrative Agent under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower): (A) two executed copies of Form W-8ECI with respect to any amounts payable to the Administrative Agent for its own account, and (B) two executed copies of Form W-8IMY with respect to any amounts payable to the Administrative Agent for the account of others, certifying that it is a “U.S. branch” and that the payments it receives for the account of others are not effectively connected with the conduct of its trade or business within the United States and that it is using such form as evidence of its agreement with the Borrower to be treated as a United States person with respect to such payments (and the Borrower and the Administrative Agent agree to so treat the Administrative

Agent as a United States person with respect to such payments as contemplated by Section 1.1441-1(b)(2)(iv) of the United States Treasury Regulations).

Each Recipient agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrower and the Administrative Agent in writing of its legal inability to do so.

(h)    Treatment of Certain Refunds. If any party determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section (including by the payment of additional amounts pursuant to this Section), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this subsection (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay such refund to such Governmental Authority. Notwithstanding anything to the contrary in this subsection, in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this subsection the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts with respect to such Tax had never been paid. This subsection shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.

(i)    Survival. Each party’s obligations under this Section shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

Article IV. Yield Protection, Etc.

Section 4.1. Additional Costs; Capital Adequacy.

(a)    Capital Adequacy. If any Lender in the Loans determines that compliance with any law or regulation or Regulatory Change or with any guideline or request from any central bank or other Governmental Authority (whether or not having the force of law) affects or would affect the amount of capital required or expected to be maintained by such Lender, or any corporation controlling such Lender, as a consequence of, or with reference to, such Lender’s Commitments or its making or maintaining Loans below the rate which such Lender or such corporation controlling such Lender could have achieved but for such compliance (taking into account the policies of such Lender or such corporation with regard to capital), then the Borrower shall, from time to time, within 30 calendar days after written demand by such Lender, pay to such Lender additional amounts sufficient to compensate such Lender or such corporation controlling such Lender to the extent that such Lender determines such increase in capital is allocable to such Lender’s obligations hereunder.

(b)    Additional Costs. In addition to, and not in limitation of the immediately preceding clause (a), the Borrower shall promptly pay to the Administrative Agent for the account of a Lender from time to time such amounts as such Lender may determine to be necessary to compensate such Lender for any costs incurred by such Lender that it determines are attributable to its making or maintaining of any LIBOR

Loans or its obligation to make any LIBOR Loans hereunder, any reduction in any amount receivable by such Lender under this Agreement or any of the other Loan Documents in respect of any of such LIBOR Loans or such obligation or the maintenance by such Lender of capital in respect of its LIBOR Loans or its Commitments (such increases in costs and reductions in amounts receivable being herein called “Additional Costs”), resulting from any Regulatory Change that: (i) changes the basis of taxation of any amounts payable to such Lender under this Agreement or any of the other Loan Documents in respect of any of such LIBOR Loans or its Commitments (other than taxes imposed on or measured by the overall net income of such Lender or of its Lending Office for any of such LIBOR Loans by the jurisdiction in which such Lender has its principal office or such Lending Office), or (ii) imposes or modifies any reserve, special deposit or similar requirements (including without limitation, Regulation D of the Board of Governors of the Federal Reserve System or other similar reserve requirement applicable to any other category of liabilities or category of extensions of credit or other assets by reference to which the interest rate on LIBOR Loans is determined) relating to any extensions of credit or other assets of, or any deposits with or other liabilities of, or other credit extended by, or any other acquisition of funds by such Lender (or its parent corporation), or any commitment of such Lender (including, without limitation, the Commitments of such Lender hereunder) or (iii) has or would have the effect of reducing the rate of return on capital of such Lender to a level below that which such Lender could have achieved but for such Regulatory Change (taking into consideration such Lender’s policies with respect to capital adequacy).

(c)    Lender’s Suspension of LIBOR Loans. Without limiting the effect of the provisions of the immediately preceding subsection (a) and (b), if by reason of any Regulatory Change, any Lender either (i) incurs Additional Costs based on or measured by the excess above a specified level of the amount of a category of deposits or other liabilities of such Lender that includes deposits by reference to which the interest rate on LIBOR Loans is determined as provided in this Agreement or a category of extensions of credit or other assets of such Lender that includes LIBOR Loans or (ii) becomes subject to restrictions on the amount of such a category of liabilities or assets that it may hold, then, if such Lender so elects by notice to the Borrower (with a copy to the Administrative Agent), the obligation of such Lender to make or Continue, or to Convert Base Rate Loans into, LIBOR Loans hereunder shall be suspended until such Regulatory Change ceases to be in effect (in which case the provisions of Section 4.6. shall apply).

(d)    Additional Costs in Respect of Letters of Credit. Without limiting the obligations of the Borrower under the preceding subsections of this Section (but without duplication), if as a result of any Regulatory Change or any risk-based capital guideline or other requirement heretofore or hereafter issued by any Governmental Authority there shall be imposed, modified or deemed applicable any tax, reserve, special deposit, capital adequacy or similar requirement against or with respect to or measured by reference to Letters of Credit and the result shall be to increase the cost to the Issuing Bank of issuing (or any Lender of purchasing participations in) or maintaining its obligation hereunder to issue (or purchase participations in) any Letter of Credit or reduce any amount receivable by the Issuing Bank or any Lender hereunder in respect of any Letter of Credit, then, upon demand by the Issuing Bank or such Lender, the Borrower shall pay promptly, and in any event within 3 Business Days of demand, to the Issuing Bank or, in the case of such Lender, to the Administrative Agent for the account of such Lender, from time to time as specified by the Issuing Bank or such Lender, such additional amounts as shall be sufficient to compensate the Issuing Bank or such Lender for such increased costs or reductions in amount.

(e)    Notification and Determination of Additional Costs. Each of the Administrative Agent, Issuing Bank, each Lender, and each Participant, as the case may be, agrees to notify the Borrower of any event occurring after the Agreement Date entitling the Administrative Agent, the Issuing Bank, such Lender or such Participant to compensation under any of the preceding subsections of this Section as promptly as practicable; provided, however, that the failure of the Administrative Agent, the Issuing Bank, any Lender or any Participant to give such notice shall not release the Borrower from any of its obligations hereunder. The Administrative Agent, the Issuing Bank, each Lender and each Participant, as the case may be, agrees

to furnish to the Borrower (and in the case of the Issuing Bank, a Lender or a Participant to the Administrative Agent as well) a certificate setting forth the basis and amount of each request for compensation under this Section. Absent manifest error, determinations by the Administrative Agent, the Issuing Bank, such Lender, or such Participant, as the case may be, of the effect of any Regulatory Change shall be conclusive, provided that such determinations are made on a reasonable basis and in good faith.

Section 4.2. Suspension of LIBOR Loans.

(a)    Circumstances Affecting LIBOR Rate Availability. Subject to clause (b) below, in connection with any request for a LIBOR Loan or a conversion to or continuation of a LIBOR Loan or otherwise, if for any reason (i) Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) reasonable and adequate means do not exist for the ascertaining LIBOR for such Interest Period with respect to a proposed LIBOR Loan or (iii) the Requisite Lenders shall determine that LIBOR does not adequately and fairly reflect the cost to such Lenders of maintaining such Loans during such Interest Period, then the Administrative Agent shall promptly give notice thereof to the Borrower. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Loans and the right of the Borrower to convert any Loan to or continue any Loan as a LIBOR Loan shall be suspended until the Administrative Agent revokes any such notice. Upon receipt of such notice, the Borrower may revoke any pending request for a LIBOR Loan or the conversion to or continuation of LIBOR Loans and the Borrower shall either (A) repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Loan together with accrued interest thereon (subject to Section 3.8.), on the last day of the then current Interest Period applicable to such LIBOR Loan; or (B) convert the then outstanding principal amount of each such LIBOR Loan to a Base Rate Loan (with Base Rate determined other than by reference to LIBOR) as of the last day of such Interest Period.

(b)    Benchmark Replacement Setting.

(i)(A)    Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Loan Document (and any Derivatives Contract shall be deemed not to be a “Loan Document” for purposes of this Section 4.2.(b)) if a Benchmark Transition Event, an Early Opt-in Election or an Other Benchmark Rate Election, as applicable, and its related Benchmark Replacement Date have occurred prior to the Reference Time in respect of any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a)(1) or (a)(2) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (a)(3) or clause (c) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If an Unadjusted Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a monthly basis.

(B)    Notwithstanding anything to the contrary herein or in any other Loan Document, if a Term SOFR Transition Event and its related Benchmark Replacement Date

have occurred prior to the Reference Time in respect of any setting of the then-current Benchmark, then the applicable Benchmark Replacement will replace the then-current Benchmark for all purposes hereunder or under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; provided that this clause (B) shall not be effective unless the Administrative Agent has delivered to the Lenders and the Borrower a Term SOFR Notice. For the avoidance of doubt, the Administrative Agent shall not be required to deliver a Term SOFR Notice after a Term SOFR Transition Event and may elect or not elect to do so in its sole discretion.

(ii)Benchmark Replacement Conforming Changes. In connection with the implementation of a Benchmark Replacement, the Administrative Agent will have the right to make Benchmark Replacement Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Benchmark Replacement Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document.

(iii)Notices; Standards for Decisions and Determinations. The Administrative Agent will promptly notify the Borrower and the Lenders of (A) any occurrence of a Benchmark Transition Event, a Term SOFR Transition Event, an Early Opt-in Election or an Other Benchmark Rate Election, as applicable, and its related Benchmark Replacement Date, (B) the implementation of any Benchmark Replacement, (C) the effectiveness of any Benchmark Replacement Conforming Changes, (D) the removal or reinstatement of any tenor of a Benchmark pursuant to Section 4.2.(b)(iv) below and (E) the commencement or conclusion of any Benchmark Unavailability Period. Any determination, decision or election that may be made by the Administrative Agent or, if applicable, any Lender (or group of Lenders) pursuant to this Section 4.2.(b), including any determination with respect to a tenor, rate or adjustment or of the occurrence or non-occurrence of an event, circumstance or date and any decision to take or refrain from taking any action or any selection, will be conclusive and binding absent manifest error and may be made in its or their sole discretion and without consent from any other party to this Agreement or any other Loan Document, except, in each case, as expressly required pursuant to this Section 4.2.(b).

(iv)Unavailability of Tenor of Benchmark. Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including Term SOFR or USD LIBOR) and either (1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (2) the regulatory supervisor for the administrator of such Benchmark has provided a public statement or publication of information announcing that any tenor for such Benchmark is or will be no longer representative, then the Administrative Agent may modify the definition of “Interest Period” for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (B) if a tenor that was removed pursuant to clause (A) above either (1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (2) is not, or is no longer, subject to an announcement that it is or will no longer be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” for all Benchmark settings at or after such time to reinstate such previously removed tenor.

(v)Benchmark Unavailability Period. Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any request for a

borrowing of, conversion to or continuation of LIBOR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a borrowing of or conversion to Base Rate Loans. During any Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of the Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of the Base Rate.

(vi)London Interbank Offered Rate Benchmark Transition Event. On March 5, 2021, the IBA, the administrator of the London interbank offered rate, and the FCA, the regulatory supervisor of the IBA, made the Announcements that the final publication or representativeness date for Dollars for (I) 1-week and 2-month London interbank offered rate tenor settings will be December 31, 2021 and (II) overnight, 1-month, 3-month, 6-month and 12-month London interbank offered rate tenor settings will be June 30, 2023. No successor administrator for the IBA was identified in such Announcements. The parties hereto agree and acknowledge that the Announcements resulted in the occurrence of a Benchmark Transition Event with respect to the London interbank offered rate pursuant to the terms of this Agreement and that any obligation of the Administrative Agent to notify any parties of such Benchmark Transition Event pursuant to clause (iii) of this Section 4.2.(b) shall be deemed satisfied.

Section 4.3. Illegality.

Notwithstanding any other provision of this Agreement, if any Lender shall determine (which determination shall be conclusive and binding) that it is unlawful for such Lender to honor its obligation to make or maintain LIBOR Loans hereunder, then such Lender shall promptly notify the Borrower thereof (with a copy of such notice to the Administrative Agent) and such Lender’s obligation to make or Continue, or to Convert Loans of any other Type into, LIBOR Loans shall be suspended until such time as such Lender may again make and maintain LIBOR Loans (in which case the provisions of Section 4.6. shall be applicable).

Section 4.4. Compensation.

The Borrower shall pay to the Administrative Agent for the account of each Lender, upon the request of the Administrative Agent, such amount or amounts as the Administrative Agent shall determine in its reasonable discretion shall be sufficient to compensate such Lender for any loss, cost or expense attributable to:

(a)    any payment or prepayment (whether mandatory or optional) of a LIBOR Loan, or Conversion of a LIBOR Loan, made by such Lender for any reason (including, without limitation, acceleration) on a date other than the last day of the Interest Period for such Loan; or

(b)    any failure by the Borrower for any reason (including, without limitation, the failure of any of the applicable conditions precedent specified in Article V. to be satisfied) to borrow a LIBOR Loan from such Lender on the date for such borrowing, or to Convert a Base Rate Loan into a LIBOR Loan or Continue a LIBOR Loan on the requested date of such Conversion or Continuation.

Not in limitation of the foregoing, such compensation shall include, without limitation; in the case of a LIBOR Loan, an amount equal to the then present value of (i) the amount of interest that would have

accrued on such LIBOR Loan for the remainder of the Interest Period at the rate applicable to such LIBOR Loan, less (ii) the amount of interest that would accrue on the same LIBOR Loan for the same period if LIBOR were set on the date on which such LIBOR Loan was repaid, prepaid or Converted or the date on which the Borrower failed to borrow, Convert or Continue such LIBOR Loan, as applicable, calculating present value by using as a discount rate LIBOR quoted on such date. Upon the Borrower’s request, the Administrative Agent shall provide the Borrower with a statement setting forth the basis for requesting such compensation and the method for determining the amount thereof. Absent manifest error, any such statement shall be conclusive, provided that such determinations are made on a reasonable basis and in good faith.

Section 4.5. Affected Lenders.

If (a) a Lender requests compensation pursuant to Section 3.11. or 4.1., and the Requisite Lenders are not requesting compensation under such Sections, or (b) the obligation of any Lender to make LIBOR Loans or to Continue, or to Convert Base Rate Loans into, LIBOR Loans shall be suspended pursuant to Sections 4.1.(c) or 4.3. but the obligation of the Requisite Lenders shall not have been suspended under such Sections, then, so long as there does not then exist any Default or Event of Default, the Borrower may demand that such Lender (the “Affected Lender”), and upon such demand the Affected Lender shall promptly, assign its Commitment to an Eligible Assignee subject to and in accordance with the provisions of Section 12.6.(c) for a purchase price equal to the aggregate principal balance of Loans then owing to the Affected Lender plus any accrued but unpaid interest thereon and accrued but unpaid fees owing to the Affected Lender. Each of the Administrative Agent and the Affected Lender shall reasonably cooperate in effectuating the replacement of such Affected Lender under this Section, but at no time shall the Administrative Agent, such Affected Lender nor any other Lender be obligated in any way whatsoever to initiate any such replacement or to assist in finding an Eligible Assignee. The exercise by the Borrower of its rights under this Section shall be at the Borrower’s sole cost and expense and at no cost or expense to the Administrative Agent, the Affected Lender or any of the other Lenders. The terms of this Section shall not in any way limit the Borrower’s obligation to pay to any Affected Lender compensation owing to such Affected Lender pursuant to Section 3.11. or 4.1.

Section 4.6. Treatment of Affected Loans.

If the obligation of any Lender to make LIBOR Loans or to Continue, or to Convert Base Rate Loans into, LIBOR Loans shall be suspended pursuant to Section 4.1.(c) or Section 4.3. then such Lender’s LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for LIBOR Loans (or, in the case of a Conversion required by Section 4.1.(c) or Section 4.3. on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until such Lender gives notice as provided below that the circumstances specified in Section 4.1.(c) or Section 4.3. that gave rise to such Conversion no longer exist:

(i)    to the extent that such Lender’s LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s LIBOR Loans shall be applied instead to its Base Rate Loans; and

(ii)    all Loans that would otherwise be made or Continued by such Lender as LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into LIBOR Loans shall remain as Base Rate Loans.

If such Lender gives notice to the Borrower (with a copy to the Administrative Agent) that the circumstances specified in Section 4.1.(c) or 4.3. that gave rise to the Conversion of such Lender’s LIBOR Loans pursuant to this Section no longer exist (which such Lender agrees to do promptly upon such

circumstances ceasing to exist) at a time when LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Loans held by the Lenders holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Section 4.7. Change of Lending Office.

Each Lender agrees that it will use reasonable efforts (consistent with its internal policy and legal and regulatory restrictions) to designate an alternate Lending Office with respect to any of its Loans affected by the matters or circumstances described in Sections 3.11., 4.1. or 4.3. to reduce the liability of the Borrower or avoid the results provided thereunder, so long as such designation is not disadvantageous to such Lender as determined by such Lender in its sole discretion, except that such Lender shall have no obligation to designate a Lending Office located in the United States of America.

Section 4.8. Assumptions Concerning Funding of LIBOR Loans.

Calculation of all amounts payable to a Lender under this Article IV. shall be made as though such Lender had actually funded LIBOR Loans through the purchase of deposits in the relevant market bearing interest at the rate applicable to such LIBOR Loans in an amount equal to the amount of the LIBOR Loans and having a maturity comparable to the relevant Interest Period; provided, however, that each Lender may fund each of its LIBOR Loans in any manner it sees fit and the foregoing assumption shall be used only for calculation of amounts payable under this Article IV.

Article V. Conditions Precedent

Section 5.1. Initial Conditions Precedent.

The obligation of the Lenders to effect or permit the occurrence of the first Credit Event hereunder, whether as the making of a Loan or the issuance of a Letter of Credit, is subject to the satisfaction of the following conditions precedent:

(a)    The Administrative Agent shall have received each of the following, in form and substance satisfactory to the Administrative Agent:

(i)    Counterparts of this Agreement executed by each of the parties hereto;

(ii)    Revolving Notes executed by the Borrower, payable to each Lender and complying with the terms of Section 2.10.(a) executed by the Borrower;

(iii)    The articles of incorporation, articles of organization, certificate of limited partnership or other comparable organizational instrument (if any) of each Loan Party certified as of a recent date by the Secretary of State of the state of formation of such Loan Party;

(iv)    A certificate of good standing or certificate of similar meaning with respect to each Loan Party issued as of a recent date by the Secretary of State of the state of formation of each such Loan Party and certificates of qualification to transact business or other comparable certificates issued by each Secretary of State (and any state department of taxation, as applicable) of each state

in which such Loan Party is required to be so qualified and where the failure to be so qualified could reasonably be expected to have a Material Adverse Effect;

(v)    A certificate of incumbency signed by the Secretary or Assistant Secretary (or other individual performing similar functions) of each Loan Party with respect to each of the officers of such Loan Party authorized to execute and deliver the Loan Documents to which such Loan Party is a party;

(vi)    Copies certified by the Secretary or Assistant Secretary (or other individual performing similar functions) of each Loan Party of (i) the by-laws of such Loan Party, if a corporation, the operating agreement, if a limited liability company, the partnership agreement, if a limited or general partnership, or other comparable document in the case of any other form of legal entity and (ii) all corporate, partnership, member or other necessary action taken by such Loan Party to authorize the execution, delivery and performance of the Loan Documents to which it is a party;

(vii)    An opinion of counsel to the Loan Parties addressed to the Administrative Agent and the Lenders;

(viii)    The Fees then due and payable under Section 3.6., and any other Fees payable to the Administrative Agent, the Titled Agents and the Lenders on or prior to the Effective Date, including without limitation, the fees and expenses of counsel to the Administrative Agent;

(ix)    A Compliance Certificate calculated as of March 30, 2021 (giving pro forma effect to the financing contemplated by this Agreement and the use of the proceeds of the Loans to be funded on the Effective Date);

(x)    A completed Disbursement Instruction Agreement effective as of the Agreement Date;

(xi)    Evidence that all indebtedness, liabilities or obligations (other than obligations in respect of Existing Letters of Credit) owing by the Loan Parties under the Existing Credit Agreement shall have been paid in full and all Liens, if any, securing such indebtedness, liabilities or other obligations have been released;

(xii)    At least five (5) Business Days prior to the Agreement Date, all documentation and other information requested by the Administrative Agent or any Lender or required by regulatory authorities in order for the Administrative Agent and the Lenders to comply with requirements of any Anti-Money Laundering Laws, including the USA Patriot Act (Title III of Pub. L. 107-56 (signed into law October 26, 2001)) and any applicable “know your customer” rules and regulations;

(xiii)    A Beneficial Ownership Certification in relation to the Borrower (or a certification that the Borrower qualifies for an express exclusion from the “legal entity customer” definition under the Beneficial Ownership Regulations), in each case at least five (5) Business Days prior to the Agreement Date; and

(xiv)    such other documents and instruments as the Administrative Agent, or any Lender through the Administrative Agent, may reasonably request; and

(b)    In the good faith judgment of the Administrative Agent:

(i)    There shall not have occurred or become known to the Administrative Agent or any of the Lenders any event, condition, situation or status since the date of the information contained in the financial and business projections, budgets, pro forma data and forecasts concerning the Borrower and its Subsidiaries delivered to the Administrative Agent and the Lenders prior to the Agreement Date that has had or could reasonably be expected to result in a Material Adverse Effect;

(ii)    No litigation, action, suit, investigation or other arbitral, administrative or judicial proceeding shall be pending or threatened which could reasonably be expected to (1) result in a Material Adverse Effect or (2) restrain or enjoin, impose materially burdensome conditions on, or otherwise materially and adversely affect, the ability of the Borrower or any other Loan Party to fulfill its obligations under the Loan Documents to which it is a party;

(iii)    The Borrower and its Subsidiaries shall have received all approvals, consents and waivers, and shall have made or given all necessary filings and notices as shall be required to consummate the transactions contemplated hereby without the occurrence of any default under, conflict with or violation of (1) any Applicable Law or (2) any agreement, document or instrument to which the Borrower or any other Loan Party is a party or by which any of them or their respective properties is bound, except for such approvals, consents, waivers, filings and notices the receipt, making or giving of which would not reasonably be likely to (A) have a Material Adverse Effect, or (B) restrain or enjoin, impose materially burdensome conditions on, or otherwise materially and adversely affect the ability of the Borrower or any other Loan Party to fulfill its obligations under the Loan Documents to which it is a party; and

(iv)    There shall not have occurred or exist any other material disruption of financial or capital markets that could reasonably be expected to materially and adversely affect the transactions contemplated by the Loan Documents.

Section 5.2. Conditions Precedent to All Loans and Letters of Credit.

The obligations of the Lenders to make any Loans and of the Issuing Banks to issue Letters of Credit, are all subject to the further conditions precedent that: (a) no Default or Event of Default shall exist as of the date of the making of such Loan or date of issuance of such Letter of Credit or would exist immediately after giving effect thereto, and no violation of the limits described in Section 2.15. would occur after giving effect thereto; (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct in all material respects on and as of the date of the making of such Loan or date of issuance of such Letter of Credit with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder; and (c) in the case of the borrowing of Revolving Loans, the Administrative Agent shall have received a timely Notice of Borrowing and in the case of the issuance of a Letter of Credit, the applicable Issuing Bank and the Administrative Agent shall have received a timely request for the issuance of such Letter of Credit. Each Credit Event shall constitute a certification by the Borrower to the effect set forth clauses (a) and (b) of the preceding sentence (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, the Borrower shall be deemed to have represented to the Administrative Agent

and the Lenders at the time such Loan is made or such Letter of Credit is issued that all conditions to the making of such Loan or issuing of such Letter of Credit contained in this Article V. have been satisfied.

Section 5.3. Conditions as Covenants.

If the Lenders permit the making of any Loans, or the Issuing Bank issues a Letter of Credit, prior to the satisfaction of all conditions precedent set forth in Sections 5.1. and 5.2., the Borrower shall nevertheless cause such condition or conditions to be satisfied within 5 Business Days after the date of the making of such Loans or the issuance of such Letter of Credit. Unless set forth in writing to the contrary, the making of its initial Loan by a Lender shall constitute a confirmation by such Lender to the Administrative Agent and the other Lenders that insofar as such Lender is concerned the Borrower has satisfied the conditions precedent for initial Loans set forth in Sections 5.1. and 5.2.

Article VI. Representations and Warranties

Section 6.1. Representations and Warranties.

In order to induce the Administrative Agent and each Lender to enter into this Agreement and to make Loans and, in the case of the Issuing Bank, to issue Letters of Credit, the Borrower represents and warrants to the Administrative Agent, the Issuing Bank and each Lender as follows:

(a)    Organization; Power; Qualification. Each of the Borrower, each other Loan Party and each other Subsidiary is a corporation, partnership or other legal entity, duly organized or formed, validly existing and in good standing under the jurisdiction of its incorporation or formation, has the power and authority to own or lease its respective properties and to carry on its respective business as now being and hereafter proposed to be conducted and is duly qualified and is in good standing as a foreign corporation, partnership or other legal entity, and authorized to do business, in each jurisdiction in which the character of its properties or the nature of its business requires such qualification or authorization and where the failure to be so qualified or authorized could reasonably be expected to have, in each instance, a Material Adverse Effect.

(b)    Ownership Structure. As of the Agreement Date, Part I of Schedule 6.1.(b) is a complete and correct list of all Subsidiaries of the Borrower setting forth for each such Subsidiary, (i) the jurisdiction of organization of such Subsidiary, (ii) the type of legal entity of such Subsidiary, (iii) each Person holding any Equity Interests in such Subsidiary, (iv) the nature of the Equity Interests held by each such Person, (v) the percentage of ownership of such Subsidiary represented by such Equity Interests, and (vi) whether such Subsidiary is a Material Subsidiary and/or an Excluded Subsidiary. Except as disclosed in such Schedule, as of the Agreement Date (A), each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other ownership interests of any type in, any such Person. As of the Agreement Date, Part II of Schedule 6.1.(b) correctly sets forth all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

(c)    Authorization of Agreement, Etc. The Borrower has the right and power, and has taken all necessary action to authorize it, to borrow and obtain other extensions of credit hereunder. The Borrower

and each other Loan Party has the right and power, and has taken all necessary action to authorize it, to execute, deliver and perform each of the Loan Documents and the Fee Letter to which it is a party in accordance with their respective terms and to consummate the transactions contemplated hereby and thereby. The Loan Documents and the Fee Letter to which the Borrower or any other Loan Party is a party have been duly executed and delivered by the duly authorized officers of such Person and each is a legal, valid and binding obligation of such Person enforceable against such Person in accordance with its respective terms, except as the same may be limited by bankruptcy, insolvency, and other similar laws affecting the rights of creditors generally and the availability of equitable remedies for the enforcement of certain obligations (other than the payment of principal) contained herein or therein and as may be limited by equitable principles generally.

(d)    Compliance of Loan Documents and Fee Letter with Laws, Etc. The execution, delivery and performance of this Agreement, Notes and the other Loan Documents to which the Borrower or any other Loan Party is a party and of the Fee Letter in accordance with their respective terms and the borrowings and other extensions of credit hereunder do not and will not, by the passage of time, the giving of notice, or both: (i) require any Governmental Approval or violate any Applicable Law (including all Environmental Laws) relating to the Borrower or any other Loan Party; (ii) conflict with, result in a breach of or constitute a default under the organizational documents of the Borrower or any other Loan Party, or any indenture, agreement or other instrument to which the Borrower or any other Loan Party is a party or by which it or any of its respective properties may be bound; or (iii) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by the Borrower or any other Loan Party.

(e)    Compliance with Law; Governmental Approvals. The Borrower, each Subsidiary and each other Loan Party is in compliance with each Governmental Approval applicable to it and all other Applicable Laws (including without limitation, all Environmental Laws) relating to the Borrower, each Subsidiary or such other Loan Party except for noncompliances which, and Governmental Approvals the failure to possess which, could not, individually or in the aggregate, reasonably be expected to cause a Default or Event of Default or have a Material Adverse Effect.

(f)    Title to Properties; Liens. As of the Agreement Date, Part I of Schedule 6.1.(f) sets forth all of the real property owned or leased by the Borrower, each other Loan Party and each other Subsidiary. Each such Person has good, marketable and legal title to, or a valid leasehold interest in, its respective assets. As of the Agreement Date, there are no Liens against any of the assets of the Borrower, any Subsidiary or any other Loan party except for the Liens existing as of the Agreement Date set forth on Part II of Schedule 6.1.(f) and the other Permitted Liens.

(g)    Existing Indebtedness; Total Liabilities. Part I of Schedule 6.1.(g) is, as of the Agreement Date, a complete and correct listing of all Indebtedness (including without limitation all Guarantees) of the Borrower and its Subsidiaries, and if such Indebtedness is secured by any Lien, a description of all of the property subject to such Lien. As of the Agreement Date, the Loan Parties and the other Subsidiaries have performed and are in material compliance with all of the terms of such Indebtedness and all instruments and agreements relating thereto, and no default or event of default, or event or condition which with the giving of notice, the lapse of time, or both, would constitute a default or event of default, exists with respect to any such Indebtedness. Part II of Schedule 6.1.(g) is, as of the Agreement Date, a complete and correct listing of all Total Liabilities of the Loan Parties and the other Subsidiaries (excluding any Indebtedness set forth on Part I of such Schedule).

(h)    Litigation. Except as set forth on Schedule 6.1.(h), there are no actions, suits, investigations or proceedings pending (nor, to the knowledge of the Borrower, are there any actions, suits or proceedings threatened, nor to the knowledge of the Borrower is there any basis therefor) against or in

any other way relating adversely to or affecting, the Borrower, any Subsidiary or any other Loan Party or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) if adversely determined, could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of any Loan Documents or the Fee Letter. There are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to the Borrower, any Subsidiary or any other Loan party which could reasonably be expected to have a Material Adverse Effect.

(i)    Taxes. All federal, state and other tax returns of the Borrower, any Subsidiary or any other Loan Party required by Applicable Law to be filed have been duly filed, and all federal, state and other taxes, assessments and other governmental charges or levies upon the Borrower, any Subsidiary and each other Loan Party and their respective properties, income, profits and assets which are due and payable have been paid, except any such nonpayment or non-filing which is at the time permitted under Section 7.5. As of the Agreement Date, none of the United States income tax returns of the Borrower, its Subsidiaries or any other Loan Party is under audit. All charges, accruals and reserves on the books of the Borrower and each of its Subsidiaries and each other Loan Party in respect of any taxes or other governmental charges are in accordance with GAAP.

(j)    Financial Statements. The Borrower has furnished to each Lender copies of (i) the audited consolidated balance sheet of the Borrower and its consolidated Subsidiaries for the fiscal years ended December 31, 2019 and December 31, 2020, and the related audited consolidated statements of operations, shareholders’ equity and cash flow for the fiscal years ended on such dates, with the opinion thereon of Ernst & Young LLP, and (ii) the unaudited consolidated balance sheet of the Borrower and its consolidated Subsidiaries for the fiscal quarter ended March 30, 2021, and the related unaudited consolidated statements of operations, shareholders’ equity and cash flow of the Borrower and its consolidated Subsidiaries for the period of two fiscal quarters ended on such date. Such balance sheets and statements (including in each case related schedules and notes) are complete and correct in all material respects and present fairly, in accordance with GAAP consistently applied throughout the periods involved, the consolidated financial position of the Borrower and its consolidated Subsidiaries as at their respective dates and the results of operations and the cash flow for such periods (subject, as to interim statements, to changes resulting from normal year-end audit adjustments). Neither the Borrower nor any of its Subsidiaries has on the Agreement Date any material contingent liabilities, liabilities, liabilities for taxes, unusual or long-term commitments or unrealized or forward anticipated losses from any unfavorable commitments, except as referred to or reflected or provided for in said financial statements.

(k)    No Material Adverse Change; Solvency. Since December 31, 2020, there has been no event, change, circumstance or occurrence that could reasonably be expected to have a Material Adverse Effect. The Borrower is Solvent and the Borrower and its Subsidiaries, on a consolidated basis, are Solvent.

(l)    ERISA.

(i)    Each Benefit Arrangement is in compliance with the applicable provisions of ERISA, the Internal Revenue Code and other Applicable Laws in all material respects. Except with respect to Multiemployer Plans, each Qualified Plan (A) has received a favorable determination from the Internal Revenue Service applicable to such Qualified Plan’s current remedial amendment cycle (as defined in Revenue Procedure 2007-44 or “2007-44” for short), (B) has timely filed for a favorable determination letter from the Internal Revenue Service during its staggered remedial amendment cycle (as defined in 2007-44) and such application is currently being processed by the Internal Revenue Service, (C) had filed for a determination letter prior to its “GUST remedial amendment period” (as defined in 2007-44) and received such determination letter and the staggered remedial amendment cycle first following the GUST remedial amendment period for such Qualified Plan has not yet expired, or (D) is maintained under a prototype plan and may rely upon a favorable opinion letter issued by the Internal Revenue Service with respect to such prototype plan. To the best knowledge of the Borrower, nothing has occurred which would cause the loss of its reliance on each Qualified Plan’s favorable determination letter or opinion letter.

(ii)    With respect to any Benefit Arrangement that is a retiree welfare benefit arrangement, all amounts have been accrued on the applicable ERISA Group’s financial statements in accordance with FASB ASC 715. The “benefit obligation” of all Plans does not exceed the “fair market value of plan assets” for such Plans by more than $10,000,000 all as determined by and with such terms defined in accordance with FASB ASC 715.

(iii)    Except as could not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect: (i) no ERISA Event has occurred or is expected to occur; (ii) there are no pending, or to the best knowledge of the Borrower, threatened, claims, actions or lawsuits or other action by any Governmental Authority, plan participant or beneficiary with respect to a Benefit Arrangement; (iii) there are no violations of the fiduciary responsibility rules with respect to any Benefit Arrangement; and (iv) no member of the ERISA Group has engaged in a non-exempt “prohibited transaction,” as defined in Section 406 of ERISA and Section 4975 of the Internal Revenue Code, in connection with any Plan, that would subject any member of the ERISA Group to a tax on prohibited transactions imposed by Section 502(i) of ERISA or Section 4975 of the Internal Revenue Code.

(m)    Not Plan Assets; No Prohibited Transactions. None of the assets of the Borrower, any other Loan Party or any other Subsidiary constitute “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. Assuming that no Lender funds any amount payable by it hereunder with “plan assets,” as that term is defined in 29 C.F.R. 2510.3-101, the execution, delivery and performance of this Agreement and the other Loan Documents, and the borrowing and repayment of amounts hereunder, do not and will not constitute “prohibited transactions” under ERISA or the Internal Revenue Code.

(n)    Absence of Default. Neither the Borrower, any Subsidiary nor any other Loan Party is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or any combination of the foregoing, would constitute a default or event of default by the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any Subsidiary or other Loan Party is a party or by which the Borrower

or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, have a Material Adverse Effect.

(o)    Environmental Laws. In the ordinary course of business and from time to time each of the Borrower, its Subsidiaries and the other Loan Parties conducts reviews of the effect of Environmental Laws on its respective business, operations and properties, including without limitation, their respective Properties, in the course of which the Borrower, each Subsidiary and each other Loan Party identifies and evaluates associated actual and potential liabilities and costs (including, without limitation, determining whether any capital or operating expenditures are required for clean-up or closure of properties presently or previously owned, determining whether any capital or operating expenditures are required to achieve or maintain compliance in all material respects with Environmental Laws or required as a condition of any Governmental Approval, any contract, or any related constraints on operating activities, determining whether any costs or liabilities exist in connection with on-site or off-site treatment, storage, handling and disposal of wastes or Hazardous Materials, and determining whether any actual or potential liabilities to third parties, including employees, and any related costs and expenses exist). Each of the Borrower, its Subsidiaries and the other Loan Parties: (i) is in compliance with all Environmental Laws applicable to its business, operations and the Properties, (ii) has obtained all Governmental Approvals which are required under Environmental Laws, and each such Governmental Approval is in full force and effect, and (iii) is in compliance with all terms and conditions of such Governmental Approvals, where with respect to each of the immediately preceding clauses (i) through (iii) the failure to obtain or to comply with could reasonably be expected to have a Material Adverse Effect. Except for any of the following matters that could not reasonably be expected to have a Material Adverse Effect, the Borrower has no knowledge of, nor has received notice of, any past, present, or pending releases, events, conditions, circumstances, activities, practices, incidents, facts, occurrences, actions, or plans that, with respect to the Borrower, its Subsidiaries and each other Loan Party, their respective businesses, operations or with respect to the Properties, may: (i) cause or contribute to an actual or alleged violation of or noncompliance with Environmental Laws, (ii) cause or contribute to any other potential common-law or legal claim or other liability, or (iii) cause any of the Properties to become subject to any restrictions on ownership, occupancy, use or transferability under any Environmental Law or require the filing or recording of any notice, approval or disclosure document under any Environmental Law and, with respect to the immediately preceding clauses (i) through (iii) is based on or related to the on-site or off-site manufacture, generation, processing, distribution, use, treatment, storage, disposal, transport, removal, clean up or handling, or the emission, discharge, release or threatened release of any wastes or Hazardous Material, or any other requirement under Environmental Law. There is no civil, criminal, or administrative action, suit, demand, claim, hearing, notice, or demand letter, mandate, order, lien, request, investigation, or proceeding pending or, to the Borrower’s knowledge after due inquiry, threatened, against the Borrower, its Subsidiaries or any other Loan Party relating in any way to Environmental Laws which could reasonably be expected to have a Material Adverse Effect. None of the Properties is listed on or proposed for listing on the National Priority List promulgated pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and its implementing regulations, or any state or local priority list promulgated pursuant to any analogous state or local law. To Borrower’s knowledge, no Hazardous Materials generated at or transported from the Properties is or has been transported to, or disposed of at, any location that is listed or proposed for listing on the National Priority List or any analogous state or local priority list, or any other location that is or has been the subject of a clean-up, removal or remedial action pursuant to any Environmental Law, except to the extent that such transportation or disposal could not reasonably be expected to result in a Material Adverse Effect.

(p)    Investment Company. None of the Borrower, any Subsidiary or any other Loan Party is (i) an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended, or (ii) subject to any other Applicable Law which purports to regulate or restrict its ability to borrow money or obtain other extensions of credit or to

consummate the transactions contemplated by this Agreement or to perform its obligations under any Loan Document to which it is a party.

(q)    Margin Stock. None of the Borrower, any Subsidiary or any other Loan Party is engaged principally, or as one of its important activities, in the business of extending credit for the purpose, whether immediate, incidental or ultimate, of buying or carrying “margin stock” within the meaning of Regulation U of the Board of Governors of the Federal Reserve System.

(r)    Affiliate Transactions. Except as permitted by Section 9.10. or as otherwise set forth on Schedule 6.1.(r), neither the Borrower, any Subsidiary nor any other Loan Party is a party to or bound by any agreement or arrangement (whether oral or written) to which any Affiliate of the Borrower, any Subsidiary or any other Loan Party is a party.

(s)    Intellectual Property. Each of the Borrower, each other Loan Party and each other Subsidiary owns or has the right to use, under valid license agreements or otherwise, all material patents, licenses, franchises, trademarks, trademark rights, trade names, trade name rights, trade secrets and copyrights (collectively, “Intellectual Property”) necessary to the conduct of its businesses as now conducted and as contemplated by the Loan Documents, without known conflict with any patent, license, franchise, trademark, trade secret, trade name, copyright, or other proprietary right of any other Person. The Borrower, each other Loan Party and each other Subsidiary have taken all such steps as they reasonably deem necessary to protect their respective rights under and with respect to such Intellectual Property. No material claim has been asserted by any Person with respect to the use of any Intellectual Property by the Borrower, any other Loan Party or any other Subsidiary, or challenging or questioning the validity or effectiveness of any Intellectual Property. The use of such Intellectual Property by the Borrower, its Subsidiaries and the other Loan Parties, does not infringe on the rights of any Person, subject to such claims and infringements as do not, in the aggregate, give rise to any liabilities on the part of the Borrower, any other Loan Party or any other Subsidiary that could reasonably be expected to have a Material Adverse Effect.

(t)    Business. As of the Agreement Date, the Borrower and its Subsidiaries are engaged in the business of acquiring, owning, financing, leasing, managing, developing and selling retail, office and industrial real property generally leased to credit-worthy tenants under net leases, together with other business activities incidental thereto.

(u)    Broker’s Fees. No broker’s or finder’s fee, commission or similar compensation will be payable with respect to the transactions contemplated hereby. No other similar fees or commissions will be payable by any Loan Party for any other services rendered to the Borrower or any of its Subsidiaries ancillary to the transactions contemplated hereby.

(v)    Accuracy and Completeness of Information. No written information, report or other papers or data (excluding financial projections and other forward looking statements) furnished to the Administrative Agent or any Lender by, on behalf of, or at the direction of, the Borrower, any Subsidiary or any other Loan Party in connection with or relating in any way to this Agreement, contained any untrue statement of a fact material to the creditworthiness of the Borrower, any Subsidiary or any other Loan Party or omitted to state a material fact necessary in order to make such statements contained therein, in light of the circumstances under which they were made, not misleading. All financial statements furnished to the Administrative Agent or any Lender by, on behalf of, or at the direction of, the Borrower, any Subsidiary or any other Loan Party in connection with or relating in any way to this Agreement, present fairly, in accordance with GAAP consistently applied throughout the periods involved, the financial position of the Persons involved as at the date thereof and the results of operations for such periods. All financial projections and other forward looking statements prepared by or on behalf of the Borrower, any Subsidiary

or any other Loan Party that have been or may hereafter be made available to the Administrative Agent or any Lender were or will be prepared in good faith based on reasonable assumptions. As of the Effective Date, no fact is known to the Borrower which has had, or may in the future have (so far as the Borrower can reasonably foresee), a Material Adverse Effect which has not been set forth in the financial statements referred to in Section 6.1.(j) or in such information, reports or other papers or data or otherwise disclosed in writing to the Administrative Agent and the Lenders.

(w)    REIT Status. The Borrower qualifies as a REIT and is in compliance with all requirements and conditions imposed under the Internal Revenue Code to allow the Borrower to maintain its status as a REIT.

(x)    Unencumbered Assets. As of the Agreement Date, Schedule 6.1.(x) is a correct and complete list of all Unencumbered Assets. Each of the assets included by the Borrower in calculations of Unencumbered Asset Value satisfies all of the requirements contained in the definition of “Unencumbered Asset”.

(y)    Anti-Corruption Laws; Anti-Money Laundering Laws and Sanctions.

(a)    None of (i) the Borrower, any Subsidiary or, to the knowledge of the Borrower or such Subsidiary, any of their respective directors, officers, employees or Affiliates, or (ii) any agent or representative of the Borrower or any Subsidiary that will act in any capacity in connection with or benefit from the facilities set forth in this Agreement, (A) is a Sanctioned Person or currently the subject or target of any Sanctions, (B) has its assets located in a Sanctioned Country, (C) is under administrative, civil or criminal investigation for an alleged violation of, or received notice from or made a voluntary disclosure to any governmental entity regarding a possible violation of, Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by a governmental authority that enforces Sanctions or any Anti-Corruption Laws or Anti-Money Laundering Laws, or (D) directly or indirectly derives revenues from investments in, or transactions with, Sanctioned Persons.

(b)    Each of the Borrower and its Subsidiaries has implemented and maintains in effect policies and procedures designed to ensure compliance by the Borrower and its Subsidiaries and their respective directors, officers, employees, agents and Affiliates with all Anti-Corruption Laws, Anti-Money Laundering Laws and applicable Sanctions.

(c)    Each of the Borrower and its Subsidiaries, and to the knowledge of the Borrower, director, officer, employee, agent and Affiliate of Borrower and each such Subsidiary, is in compliance with all Anti-Corruption Laws, Anti-Money Laundering Laws in all material respects and applicable Sanctions.

(d)    No proceeds of any Credit Event have been used, directly or indirectly, by the Borrower, any of its Subsidiaries or any of its or their respective directors, officers, employees and agents in violation of Section 7.7.

(z)    Affected Financial Institution. None of the Borrower, any other Loan Party or any other Subsidiary is an Affected Financial Institution.

(aa)    Beneficial Ownership Certification. As of the Effective Date, all of the information included in the Beneficial Ownership Certification is true and correct.

Section 6.2. Survival of Representations and Warranties, Etc.

All statements contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower, any Subsidiary or any other Loan Party to the Administrative Agent or any Lender pursuant to or in connection with this Agreement or any of the other Loan Documents (including, but not limited to, any such statement made in or in connection with any amendment thereto or any statement contained in any certificate, financial statement or other instrument delivered by or on behalf of the Borrower prior to the Agreement Date and delivered to the Administrative Agent or any Lender in connection with closing the transactions contemplated hereby) shall constitute representations and warranties made by the Borrower in favor of the Administrative Agent or any of the Lenders under this Agreement. All representations and warranties made under this Agreement and the other Loan Documents shall be deemed to be made at and as of the Agreement Date, the Effective Date, the date on which any extension of the Termination Date is effectuated pursuant to Section 2.11. and the date of the occurrence of any Credit Event, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically permitted hereunder. All such representations and warranties shall survive the effectiveness of this Agreement, the execution and delivery of the Loan Documents and the making of the Loans and the issuance of the Letters of Credit.

Article VII. Affirmative Covenants

For so long as this Agreement is in effect, unless the Requisite Lenders (or, if required pursuant to Section 12.7., all of the Lenders) shall otherwise consent in the manner provided for in Section 12.7., the Borrower shall comply with the following covenants:

Section 7.1. Preservation of Existence and Similar Matters.

Except as otherwise permitted under Section 9.7., the Borrower shall, and shall cause each Subsidiary and each other Loan Party to, preserve and maintain its respective existence, rights, franchises, licenses and privileges in the jurisdiction of its incorporation or formation and qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification and authorization and where the failure to be so authorized and qualified could reasonably be expected to have a Material Adverse Effect.

Section 7.2. Compliance with Applicable Law.

The Borrower shall, and shall cause each Subsidiary and each other Loan Party to, comply with all Applicable Laws, including the obtaining of all Governmental Approvals, the failure with which to comply could reasonably be expected to have a Material Adverse Effect.

Section 7.3. Maintenance of Property.

In addition to the requirements of any of the other Loan Documents, the Borrower shall, and shall cause each Subsidiary and other Loan Party to (a) protect and preserve all of its material properties, including, but not limited to, all Intellectual Property, and maintain in good repair, working order and condition all tangible properties, ordinary wear and tear excepted, and (b)  make or cause to be made all needed and appropriate repairs, renewals, replacements and additions to such properties, so that the business carried on in connection therewith may be properly and advantageously conducted at all times.

Section 7.4. Insurance.

In addition to the requirements of any of the other Loan Documents, the Borrower shall, and shall cause each Subsidiary and other Loan Party to, maintain insurance (on a full replacement cost basis) with financially sound and reputable insurance companies against such risks and in such amounts as is customarily maintained by Persons engaged in similar businesses or as may be required by Applicable Law, and from time to time deliver to the Administrative Agent upon its request a detailed list, together with copies of all policies of the insurance then in effect if requested, stating the names of the insurance companies, the amounts and rates of the insurance, the dates of the expiration thereof and the properties and risks covered thereby. Subject to the requirements of any applicable lease, the Borrower shall, and shall cause its Subsidiaries to, apply any proceeds from such insurance coverage with respect to any Unencumbered Asset to either (i) repair or rebuild the property for which such proceeds are being received, (ii) acquire a substantially equivalent property or (iii) repay Obligations.

Section 7.5. Payment of Taxes and Claims.

The Borrower shall, and shall cause each Subsidiary and other Loan Party to, pay and discharge when due (a) all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits or upon any properties belonging to it, and (b) all lawful claims of materialmen, mechanics, carriers, warehousemen and landlords for labor, materials, supplies and rentals which, if unpaid, might become a Lien on any properties of such Person; provided, however, that this Section shall not require the payment or discharge of any such tax, assessment, charge, levy or claim which is being contested in good faith by appropriate proceedings which operate to suspend the collection thereof and for which adequate reserves have been established on the books of the Borrower, such Subsidiary or such other Loan Party, as applicable, in accordance with GAAP.

Section 7.6. Inspections.

The Borrower shall, and shall cause each Subsidiary and other Loan Party to, permit representatives of the Administrative Agent or any Lender to visit and inspect any of their respective properties, to examine and make abstracts from any of their respective books and records and to discuss their respective affairs, finances and accounts with their respective officers, employees and independent public accountants (in the Borrower’s presence if an Event of Default does not then exist), all at such reasonable times during business hours and as often as may reasonably be requested and so long as no Event of Default exists, with reasonable prior notice, and at all times subject to the rights of tenants under their respective leases. The Borrower shall be obligated to reimburse the Administrative Agent and the Lenders for their costs and expenses incurred in connection with the exercise of their rights under this Section only if such exercise occurs while a Default or Event of Default exists.

Section 7.7. Use of Proceeds; Letters of Credit.

The Borrower shall use the proceeds of Loans and the Letters of Credit only (a) to refinance all of the Indebtedness outstanding under the Existing Credit Agreement and (b) for general corporate purposes of the Borrower and its Subsidiaries. The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to, use any part of such proceeds (i) to purchase or carry, or to reduce or retire or refinance any credit incurred to purchase or carry, any margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System) or to extend credit to others for the purpose of purchasing or carrying any such margin stock; provided, however, the Borrower may use proceeds of the Loans and Letters of Credit to purchase the Borrower’s common stock so long as such use will not result in any of the Loans, Letters of Credit or other Obligations being considered to be “purpose credit” directly or indirectly secured by margin stock within the meaning of Regulation U or Regulation X of the Board of Governors

of the Federal Reserve System, (ii) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws or Anti-Money Laundering Laws, (iii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (iv) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

Section 7.8. Environmental Matters.

The Borrower shall, and shall cause all of its Subsidiaries and the other Loan Parties to, comply with all Environmental Laws the failure with which to comply could reasonably be expected to have a Material Adverse Effect. The Borrower shall comply, and shall cause each other Loan Party and each other Subsidiary to comply, and the Borrower shall use, and shall cause each other Loan Party and each other Subsidiary to use, commercially reasonable efforts to cause all other Persons occupying, using or present on the Properties to comply, with all Environmental Laws in all material respects. The Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, promptly take all actions and pay or arrange to pay all costs necessary for it and for the Properties to comply in all material respects with all Environmental Laws and all Governmental Approvals, including actions to remove and dispose of all Hazardous Materials and to clean up the Properties as required under Environmental Laws. The Borrower shall, and shall cause the Loan Parties and the other Subsidiaries to, promptly take all actions necessary to prevent the imposition of any Liens on any of their respective properties arising out of or related to any Environmental Laws. Nothing in this Section shall impose any obligation or liability whatsoever on the Administrative Agent or any Lender.

Section 7.9. Books and Records.

The Borrower shall, and shall cause each of its Subsidiaries and the other Loan Parties to, maintain books and records pertaining to its respective business operations in such detail, form and scope as is consistent with good business practice and in accordance with GAAP.

Section 7.10. Further Assurances.

At the Borrower’s cost and expense and upon request of the Administrative Agent, the Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, duly execute and deliver or cause to be duly executed and delivered, to the Administrative Agent such further instruments, documents and certificates, and do and cause to be done such further acts that may be reasonably necessary or advisable in the reasonable opinion of the Administrative Agent to carry out more effectively the provisions and purposes of this Agreement and the other Loan Documents.

Section 7.11. New Subsidiaries /Guarantors.

(a)    Requirement to Become Guarantor. A Subsidiary shall be required to become a Guarantor within 15 calendar days of the satisfaction of all of the following: (i) either (x) such Subsidiary owns an Unencumbered Asset or other asset the value of which is included in the determination of Unencumbered Asset Value or (y) such Subsidiary directly or indirectly owns any Equity Interest in a Subsidiary described in the preceding clause (x), and (ii) such Subsidiary incurs or suffers to exist any Indebtedness that is not Nonrecourse Indebtedness; provided that the preceding clause (ii) shall not apply to (A) a Guarantee by National Retail Properties, LP (“NRPLP”) of customary exceptions to Nonrecourse Indebtedness of a Subsidiary of NRPLP for fraud, misapplication of funds, environmental indemnities, and other similar customary exceptions to nonrecourse liability (but not exceptions relating to bankruptcy, insolvency, receivership or other similar events) so long as the obligations of NRPLP in respect of such Guarantee are contingent and (B) Guarantees by NRPLP of Indebtedness of its Subsidiaries so long as the aggregate

outstanding principal amount of such Indebtedness does not exceed $30,000,000 at any time. Within 15 calendar days thereof, the Borrower shall deliver to the Administrative Agent each of the following items, each in form and substance satisfactory to the Administrative Agent: (i) an Accession Agreement (or if the Guaranty is not in effect, a Guaranty) executed by the Subsidiary described in clause (i) and, (ii) the items that would have been delivered under Sections 5.1.(a)(iii) through (vii), and (xii) through (xiv) as if such Subsidiary had been a Guarantor on the Effective Date.

(b)    [Reserved.]

(c)    Release of a Guarantor. The Borrower may request in writing that the Administrative Agent release, and upon receipt of such request the Administrative Agent shall release, a Guarantor from the Guaranty so long as: (i) such Guarantor is not otherwise required to be a party to the Guaranty under the immediately preceding subsection (a); (ii) no Default or Event of Default shall then be in existence or would occur as a result of such release, including without limitation, a Default or Event of Default resulting from a violation of any of the covenants contained in Section 9.1.; (iii) the Administrative Agent shall have received such written request at least 10 Business Days (or such shorter period as may be acceptable to the Administrative Agent) prior to the requested date of release; and (iv) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party are true and correct in all material respects on and as of the date of such request with the same force and effect as if made on and as the date of such request except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties were true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted under the Credit Agreement or the other Loan Documents. Delivery by the Borrower to the Administrative Agent of any such request shall constitute a representation by the Borrower that the matters set forth in the preceding sentence (both as of the date of the giving of such request and as of the date of the effectiveness of such request) are true and correct with respect to such request.

Section 7.12. REIT Status.

The Borrower shall at all times maintain its status as a REIT.

Section 7.13. Exchange Listing.

The Borrower shall maintain at least one class of common shares of the Borrower having trading privileges on the New York Stock Exchange or the American Stock Exchange or which is the subject of price quotations in the over-the-counter market as reported by the National Association of Securities Dealers Automated Quotation System.

Section 7.14. Compliance with Anti-Corruption Laws; Beneficial Ownership Regulation, Anti-Money Laundering Laws and Sanctions.

The Borrower shall, and shall cause each Subsidiary and each other Loan Party to, (a) maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with all Anti-Corruption Laws, Anti-Money Laundering Laws and applicable Sanctions, (b) notify the Administrative Agent and each Lender that previously received a Beneficial Ownership Certification (or a certification that the Borrower qualifies for an express exclusion to the “legal entity customer” definition under the Beneficial Ownership Regulation) of any change in the information provided in the Beneficial Ownership Certification that would result in a change to the list of beneficial owners identified therein (or, if applicable, the Borrower ceasing to fall within an express exclusion to the definition of “legal entity customer” under the Beneficial Ownership

Regulation) and (c) promptly upon the reasonable request of the Administrative Agent or any Lender, provide the Administrative Agent or directly to such Lender, as the case may be, any information or documentation requested by it for purposes of complying with the Beneficial Ownership Regulation.

Article VIII. Information

For so long as this Agreement is in effect, unless the Requisite Lenders (or, if required pursuant to Section 12.7., all of the Lenders) shall otherwise consent in the manner set forth in Section 12.7., the Borrower shall furnish to the Administrative Agent for distribution to each of the Lenders:

Section 8.1. Quarterly Financial Statements.

As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 45 days after the end of each of the first, second and third fiscal quarters of the Borrower commencing with the fiscal quarter ending June 30, 2021), the unaudited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such period and the related unaudited consolidated statements of earnings, and cash flows of the Borrower and its Subsidiaries for such period, setting forth in each case in comparative form the figures as of the end of and for the corresponding periods of the previous fiscal year, all of which shall be certified by the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP and in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period (subject to normal year-end audit adjustments).

Section 8.2. Year-End Statements.

As soon as available and in any event within 5 days after the same is required to be filed with the Securities and Exchange Commission (but in no event later than 90 days after the end of each fiscal year of the Borrower), the audited consolidated balance sheet of the Borrower and its Subsidiaries as at the end of such fiscal year and the related audited consolidated statements of earnings, stockholders’ equity and cash flows of the Borrower and its Subsidiaries for such fiscal year, setting forth in comparative form the figures as at the end of and for the previous fiscal year, all of which shall be certified by (a) the chief executive officer or chief financial officer of the Borrower, in his or her opinion, to present fairly, in accordance with GAAP in all material respects, the consolidated financial position of the Borrower and its Subsidiaries as at the date thereof and the results of operations for such period and (b) independent certified public accountants of recognized national standing acceptable to the Administrative Agent, whose certificate shall be unqualified and in scope and substance satisfactory to the Requisite Lenders and who shall have authorized the Borrower to deliver such financial statements and certification thereof to the Administrative Agent and the Lenders pursuant to this Agreement.

Section 8.3. Compliance Certificate; Additional Information.

At the time financial statements are furnished pursuant to Sections 8.1. and 8.2., a certificate substantially in the form of Exhibit K (a “Compliance Certificate”) executed by the chief financial officer of the Borrower: (a) setting forth in reasonable detail as at the end of such quarterly accounting period, fiscal year, or other fiscal period, as the case may be, the calculations required to establish whether or not the Borrower was in compliance with the covenants contained in Sections 9.1., 9.2. and 9.4. and (b) stating that, to the best of his or her knowledge, information and belief after due inquiry, no Default or Event of Default exists, or, if such is not the case, specifying such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such event,

condition or failure. Together with any Compliance Certificate delivered with financial statements furnished pursuant to Sections 8.1. and 8.2., the Borrower shall deliver reports, in form and detail satisfactory to the Administrative Agent, setting forth (a) a description of all Properties acquired during such fiscal quarter, including the net operating income of each such Property, acquisition costs and related mortgage debt and such other information as the Administrative Agent may request; and (b) all Unencumbered Assets at the end of such fiscal quarter.

Section 8.4. Other Information.

(a)    Management Reports. Promptly upon receipt thereof, copies of all management reports, if any, submitted to the Borrower or its Board of Directors by its independent public accountants;

(b)    Securities Filings. Promptly upon, and in any event within 5 Business Days of the filing thereof, copies of all registration statements (excluding the exhibits thereto (unless requested by the Administrative Agent) and any registration statements on Form S-8 or its equivalent), reports on Forms 10-K, 10-Q and 8-K (or their equivalents) and all other periodic reports which the Borrower, any Subsidiary or any other Loan Party shall file with the Securities and Exchange Commission (or any Governmental Authority substituted therefor) or any national securities exchange;

(c)    Shareholder Information; Press Releases. Promptly upon the mailing thereof to the shareholders of the Borrower generally, copies of all financial statements, reports and proxy statements so mailed and promptly upon the issuance thereof copies of all press releases issued by the Borrower, any Subsidiary or any other Loan Party;

(d)    Projections. No later than December 31 of each fiscal year of the Borrower ending prior to the Termination Date (or by the end of each fiscal quarter of the Borrower ending prior to the Termination Date upon the Administrative Agent’s request), projected balance sheets, operating statements, profit and loss projections and cash flow budgets (including sources and uses of cash in form and content reasonably satisfactory to the Administrative Agent) of the Borrower and its Subsidiaries on a consolidated basis for the period of four consecutive fiscal quarters immediately following such fiscal year end or fiscal quarter end, as applicable, prepared on a quarterly basis and all itemized in reasonable detail. The foregoing shall be accompanied by pro forma calculations, together with detailed assumptions, required to establish whether or not the Borrower, and when appropriate its consolidated Subsidiaries, is projected to be in compliance with the covenants contained in Sections 9.1. at the end of each fiscal quarter of the next succeeding fiscal year. Such projected consolidated financial statements shall represent the reasonable best estimate by the Borrower of the future financial performance of the Borrower and its Subsidiaries for the periods set forth therein and shall be prepared on the basis of assumptions set forth therein, which the Borrower believes are fair and reasonable as of the date of preparation in light of current and reasonably foreseeable business conditions (it being understood that actual results may differ from those set forth in such projected financial statements).

(e)    ERISA. If any ERISA Event shall occur that individually, or together with any other ERISA Event that has occurred, could reasonably be expected to have a Material Adverse Effect, a certificate of the chief executive officer or chief financial officer of the Borrower setting forth details as to such occurrence and the action, if any, which the Borrower or applicable member of the ERISA Group is required or proposes to take;

(f)    Litigation. To the extent the Borrower, any other Loan Party or any other Subsidiary is aware of the same, prompt notice of the commencement of any proceeding or investigation by or before any Governmental Authority and any action or proceeding in any court or other tribunal or before any arbitrator against or in any other way relating adversely to, or adversely affecting, the Borrower, any other

Loan Party or any other Subsidiary or any of their respective properties, assets or businesses which, if determined or resolved adversely to such Person, could reasonably be expected to have a Material Adverse Effect, and prompt notice of the receipt of notice that any United States income tax returns of any Loan Party or any other Subsidiary are being audited;

(g)    Modification of Organizational Documents. A copy of any material amendment to the certificate or articles of incorporation, bylaws, partnership agreement or other similar organizational documents of the Borrower or any other Loan Party promptly upon, and in any event within 15 Business Days after, the effectiveness thereof;

(h)    Change of Management or Financial Condition. Prompt notice of any material change in the executive management of the Borrower, any Subsidiary or any other Loan Party and any change in the business, assets, liabilities, condition (financial or otherwise), results of operations or business prospects of the Borrower, any Subsidiary or any other Loan Party which has had or could reasonably be expected to have a Material Adverse Effect;

(i)    Default. Notice of the occurrence of any Default or Event of Default promptly upon a Responsible Officer of the Borrower, any other Loan Party or any other Subsidiary obtaining knowledge thereof;

(j)    Judgments. Prompt notice of any order, judgment or decree in excess of $25,000,000 having been entered against the Borrower, any Subsidiary or any other Loan Party or any of their respective properties or assets;

(k)    Notice of Violations of Law. Prompt notice if the Borrower, any Subsidiary or any other Loan Party shall receive any notification from any Governmental Authority alleging a violation of any Applicable Law, or any inquiry with respect to any matters, in either case which could reasonably be expected to have a Material Adverse Effect;

(l)    Material Asset Sales. Prompt notice of the sale, transfer or other disposition of any assets having a book value or fair market value in excess of $100,000,000 in the aggregate of the Borrower, any Subsidiary or any other Loan Party to any Person other than the Borrower, any Subsidiary or any other Loan Party;

(m)    Ratings Change. Promptly, and in any event within 2 Business Days of any change in the Borrower’s Credit Rating, a certificate stating that the Borrower’s Credit Rating has changed and providing the new Credit Rating that is in effect;

(n)    USA Patriot Act, Anti-Money Laundering Laws, and Anti-Corruption Laws Information. Promptly upon the request thereof, such other information and documentation required under applicable “know your customer” rules and regulations, the USA Patriot Act (Title III of Pub. L. 107-56) or any applicable Anti-Money Laundering Laws or Anti-Corruption Laws, in each case as from time to time reasonably requested by the Administrative Agent or any Lender;

(o)    Notice of Violation of Environmental Laws. Promptly, and in any event within 3 Business Days after the Borrower receives any of the following notices, the Borrower shall provide the Administrative Agent with a copy of such notice if the matters referenced in such notice either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect: (i) the Borrower, any Loan Party or any other Subsidiary shall receive notice that any violation of or noncompliance with any Environmental Law has or may have been committed or is threatened; (ii) the Borrower, any Loan Party or any other Subsidiary shall receive notice that any administrative or judicial complaint, order or petition has

been filed or other proceeding has been initiated, or is about to be filed or initiated against any such Person alleging any violation of or noncompliance with any Environmental Law or requiring any such Person to take any action in connection with the release or threatened release of Hazardous Materials; (iii) the Borrower, any Loan Party or any other Subsidiary shall receive any notice from a Governmental Authority or private party alleging that any such Person may be liable or responsible for any costs associated with a response to, or remediation or cleanup of, a release or threatened release of Hazardous Materials or any damages caused thereby; or (iv) the Borrower, any Loan Party or any other Subsidiary shall receive notice of any other fact, circumstance or condition that could reasonably be expected to form the basis of an environmental claim;

(p)    Derivatives Termination Value. Promptly upon the request of the Administrative Agent, the Derivatives Termination Value in respect of any Specified Derivatives Contract from time to time outstanding; and

(q)    Other Information. From time to time and promptly upon each request, such data, certificates, reports, statements, opinions of counsel, documents or further information regarding any Property or the business, assets, liabilities, financial condition, results of operations or business prospects of the Borrower, any of its Subsidiaries, or any other Loan Party as the Administrative Agent or any Lender may reasonably request.

Section 8.5. Electronic Delivery of Certain Information.

(a)    Documents required to be delivered pursuant to the Loan Documents shall be delivered by electronic communication and delivery, including, the Internet, e-mail or intranet websites to which the Administrative Agent and each Lender have access (including a commercial, third-party website such as www.Edgar.com <http://www.Edgar.com> or a website sponsored or hosted by the Administrative Agent or the Borrower) provided that the foregoing shall not apply to (A) notices to any Lender (or the Issuing Bank) pursuant to Article II. and (B) any Lender that has notified the Administrative Agent or Borrower that it cannot or does not want to receive electronic communications. The Administrative Agent or the Borrower may, in its discretion, agree to accept notices and other communications to it hereunder by electronic delivery pursuant to procedures approved by it for all or particular notices or communications. Documents or notices delivered electronically shall be deemed to have been delivered 24 hours after the date and time on which the Administrative Agent or the Borrower posts such documents or the documents become available on a commercial website and the Administrative Agent or the Borrower notifies each Lender of said posting and provides a link thereto provided if such notice or other communication is not sent or posted during the normal business hours of the recipient, said posting date and time shall be deemed to have commenced as of 9:00 a.m. on the opening of business on the next business day for the recipient. Notwithstanding anything contained herein, in every instance the Borrower shall be required to provide paper copies of the certificate required by Section 8.3. to the Administrative Agent and shall deliver paper copies of any documents to the Administrative Agent or to any Lender that requests such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender. Except for the certificates required by Section 8.3., the Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents delivered electronically, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request for delivery. Each Lender shall be solely responsible for requesting delivery to it of paper copies and maintaining its paper or electronic documents.

(b)    Documents required to be delivered pursuant to Article II. may be delivered electronically to a website provided for such purpose by the Administrative Agent pursuant to the procedures provided to the Borrower by the Administrative Agent.

Section 8.6. Public/Private Information.

The Borrower shall cooperate with the Administrative Agent in connection with the publication of certain materials and/or information provided by or on behalf of the Borrower. Documents required to be delivered pursuant to the Loan Documents shall be delivered by or on behalf of the Borrower to the Administrative Agent and the Lenders (collectively, “Information Materials”) pursuant to this Article and shall designate Information Materials (a) that are either available to the public or not material with respect to the Borrower and its Subsidiaries or any of their respective securities for purposes of United States federal and state securities laws, as “Public Information” and (b) that are not Public Information as “Private Information”. Notwithstanding anything to the contrary in this Section, any Information Materials provided without any designation shall be deemed to be “Private Information” for all purposes hereunder.

Section 8.7. USA Patriot Act; Anti-Money Laundering Laws.

The Administrative Agent and each Lender hereby notifies the Borrower that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56) or any other Anti-Money Laundering Laws, each of them is required to obtain, verify and record information that identifies each Loan Party, which information includes the name and address of each Loan Party and other information that will allow such Lender to identify each Loan Party in accordance with the USA Patriot Act (Title III of Pub. L. 107-56) or such Anti-Money Laundering Laws.

Article IX. Negative Covenants

For so long as this Agreement is in effect, unless the Requisite Lenders (or, if required pursuant to Section 12.7., all of the Lenders) shall otherwise consent in the manner set forth in Section 12.7., the Borrower shall comply with the following covenants:

Section 9.1. Financial Covenants.

The Borrower shall not permit:

(a)    Maximum Leverage Ratio. The ratio of (i) Total Liabilities to (ii) Total Asset Value, to exceed 0.60 to 1.00 at any time; provided, however, that if such ratio is greater than 0.60 to 1.00 but is not greater than 0.65 to 1.00, then the Borrower shall be deemed to be in compliance with this subsection (a) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) exceeding 0.60 to 1.00 during the fiscal quarter in which such ratio first exceeded 0.60 to 1.00, (ii) such ratio does not exceed 0.60 to 1.00 for a period of more than three consecutive fiscal quarters immediately following the fiscal quarter in which such Material Acquisition was completed, (iii) the Borrower has not maintained compliance with this subsection (a) in reliance on this proviso more than two times during the term of this Agreement and (iv) such ratio is not greater than 0.65 to 1.00 at any time. For purposes of calculating the ratio contained in this subsection (a) only, as of any date of determination “Total Liabilities” shall be adjusted by deducting therefrom the lesser of (x) the amount of unrestricted cash and cash equivalents in excess of $30,000,000 and (y) the amount of Total Liabilities that matures within 24 months of such date of determination (such lesser amount is referred to as the “Total Liabilities Adjustment”). If, as of any date of determination, Total Liabilities is adjusted as set forth in the preceding sentence, then, as of such date of determination, “Total Asset Value” shall be reduced by an amount equal to the Total Liabilities Adjustment.

(b)    Minimum Fixed Charge Ratio. The ratio of (i) EBITDA of the Borrower and its Subsidiaries for the period of four consecutive fiscal quarters of the Borrower most recently ended to (ii) Fixed Charges for such period, to be less than 1.50 to 1.00 at any time.

(c)    Unencumbered Asset Ratio. The ratio of (i) Unencumbered Asset Value to (ii) Unsecured Indebtedness of the Borrower and its Subsidiaries, to be less than 1.67 to 1.00 at any time; provided, however, that if such ratio is less than 1.67 to 1.00 but is not less than 1.54 to 1.00, then the Borrower shall be deemed to be in compliance with this subsection (c) so long as (i) the Borrower completed a Material Acquisition which resulted in such ratio (after giving effect to such Material Acquisition) being less than 1.67 to 1.00 during the fiscal quarter in which such ratio first was less than 1.67 to 1.00, (ii) such ratio is not less than 1.67 to 1.00 for a period of more than three consecutive fiscal quarters immediately following the fiscal quarter in which such Material Acquisition was completed, (iii) the Borrower has not maintained compliance with this subsection (c) in reliance on this proviso more than two times during the term of this Agreement and (iv) such ratio is not less than 1.54 to 1.00 at any time. For purposes of this subsection (c), during any period that the ratio of Total Liabilities to Total Asset Value is greater than 0.50 to 1.00, the amount of Secured Indebtedness of the Borrower and its Subsidiaries that is not Nonrecourse Indebtedness in excess of 5.00% of Total Asset Value shall be deemed to be Unsecured Indebtedness.

(d)    Unencumbered Interest Ratio. The ratio of (i) Unencumbered NOI for the period of four consecutive fiscal quarters of the Borrower most recently ended to (ii) Interest Expense in respect of Unsecured Indebtedness of the Borrower and its Subsidiaries for such period, to be less than 1.75 to 1.00 at any time.

(e)    [Reserved].

(f)    Maximum Secured Indebtedness Ratio. The ratio of (i) Secured Indebtedness of the Borrower and its Subsidiaries to (ii) Total Asset Value, to exceed 0.40 to 1.00 at any time. For purposes of calculating the ratio contained in this subsection (f) only, as of any date of determination, “Secured Indebtedness” shall be adjusted by deducting therefrom the lesser of (x) the amount of unrestricted cash and cash equivalents in excess of $30,000,000 and (y) the amount of Secured Indebtedness that matures within 24 months of such date of determination (such lesser amount is referred to as the “Secured Indebtedness Adjustment”). If, as of any date of determination, Secured Indebtedness is adjusted as set forth in the preceding sentence, then, as of such date of determination, Total Asset Value shall be reduced by an amount equal to the Secured Indebtedness Adjustment.

(g)    Revenues from Ground Leases. The ratio (expressed as a percentage) of (i) the aggregate income of the Borrower and its Subsidiaries from properties leased by the Borrower and its Subsidiaries (as lessees) under ground leases for any fiscal quarter ending during the term of this Agreement to (ii) Gross Lease Revenues for such fiscal quarter, to exceed 7.50%.

Section 9.2. Restricted Payments.

If any Event of Default exists, the Borrower shall not, and shall not permit any Subsidiary to, declare or make any Restricted Payment other than cash distributions to its shareholders during any fiscal year in an aggregate amount not to exceed the minimum amount necessary for the Borrower to remain in compliance with Section 7.12. If an Event of Default specified in Section 10.1.(a), Section 10.1.(b), Section 10.1.(f) or Section 10.1.(g) exists or, if as a result of the occurrence of any other Event of Default any of the Obligations have been accelerated pursuant to Section 10.2.(a), the Borrower shall not, and shall not permit any Subsidiary to, make any Restricted Payments to any Person whatsoever other than to the Borrower or any Wholly Owned Subsidiary.

Section 9.3. Indebtedness.

The Borrower shall not, and shall not permit any Subsidiary or any other Loan Party to, incur, assume, or otherwise become obligated in respect of any Indebtedness after the Agreement Date if immediately prior to the assumption, incurring or becoming obligated in respect thereof, or immediately thereafter and after giving effect thereto, a Default or Event of Default is or would be in existence, including without limitation, a Default or Event of Default resulting from a violation of any of the covenants contained in Section 9.1.

Section 9.4. [Reserved].

Section 9.5. Conduct of Business.

The Borrower shall not, and shall not permit any Subsidiary or any other Loan Party to, engage in any type of business except as described in Section 6.1.(t).

Section 9.6. Liens; Negative Pledges; Other Matters.

(a)    The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to, create, assume, or incur any Lien (other than Permitted Liens) upon any of its properties, assets, income or profits of any character whether now owned or hereafter acquired if immediately prior to the creation, assumption or incurring of such Lien, or immediately thereafter, a Default or Event of Default is or would be in existence, including without limitation, a Default or Event of Default resulting from a violation of any of the covenants contained in Section 9.1.

(b)    The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to, enter into, assume or otherwise be bound by any Negative Pledge except for a Negative Pledge contained in (i) an agreement (x) evidencing Indebtedness which the Borrower or such Subsidiary may create, incur, assume, or permit or suffer to exist under Section 9.3., (y) which Indebtedness is secured by a Lien permitted to exist under the Loan Documents, and (z) which prohibits the creation of any other Lien on only the property securing such Indebtedness as of the date such agreement was entered into; or (ii) an agreement relating to the sale of a Subsidiary or assets pending such sale, provided that in any such case the Negative Pledge applies only to the Subsidiary or the assets that are the subject of such sale.

(c)    The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to, create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any Subsidiary (other than an Excluded Subsidiary) to: (i) pay dividends or make any other distribution on any of such Subsidiary’s capital stock or other equity interests owned by the Borrower or any Subsidiary; (ii) pay any Indebtedness owed to the Borrower or any Subsidiary; (iii) make loans or advances to the Borrower or any Subsidiary; or (iv) transfer any of its property or assets to the Borrower or any other Subsidiary.

Section 9.7. Merger, Consolidation, Sales of Assets and Other Arrangements.

The Borrower shall not, and shall not permit any Subsidiary or other Loan Party to: (i) enter into any transaction of merger or consolidation; (ii) liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); or (iii) convey, sell, lease, sublease, transfer or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its business or assets, whether now owned or hereafter acquired; provided, however, that:

(a)    any of the actions described in the immediately preceding clauses (i) through (iii) may be taken with respect to any Subsidiary or any other Loan Party (other than the Borrower) so long as immediately prior to the taking of such action, and immediately thereafter and after giving effect thereto, no Default or Event of Default is or would be in existence;

(b)    the Borrower, each Subsidiary and each other Loan Party may sell, transfer or dispose of assets among themselves;

(c)    the Borrower, its Subsidiaries and the other Loan Parties may lease and sublease their respective assets, as lessor or sublessor (as the case may be), in the ordinary course of their business; and

(d)    a Person may merge with and into the Borrower, any Subsidiary or any Loan Party so long as (i) the Borrower, such Subsidiary or such Loan Party, as applicable, is the survivor of such merger, (ii) immediately prior to such merger, and immediately thereafter and after giving effect thereto, no Default or Event of Default is or would be in existence, and (iii) the Borrower shall have given the Administrative Agent and the Lenders at least 10 Business Days’ prior written notice of such merger (except that such prior notice shall not be required in the case of the merger of a Subsidiary with and into the Borrower).

If, as a result of the consummation of any transaction described in the immediately preceding clause (a) or (b), a Person would become a Subsidiary that has assets having a book value or fair market value in excess of $75,000,000 in the aggregate and that is not an Excluded Subsidiary, the Borrower shall not permit the consummation of such transaction unless the items described in Section 7.11. (a) are delivered to the Administrative Agent at the time of the consummation of such transaction.

Section 9.8. Fiscal Year.

The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, change its fiscal year from that in effect as of the Agreement Date.

Section 9.9. Modifications of Organizational Documents.

The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend, supplement, restate or otherwise modify its articles or certificate of incorporation, by-laws, operating agreement, declaration of trust, partnership agreement or other applicable organizational document without the prior written consent of the Administrative Agent and the Requisite Lenders if such amendment, supplement, restatement or other modification could reasonably be expected to have a Material Adverse Effect.

Section 9.10. Transactions with Affiliates.

The Borrower shall not permit to exist or enter into, and shall not permit any of its Subsidiaries or any other Loan Party to permit to exist or enter into, any transaction (including the purchase, sale, lease or exchange of any property or the rendering of any service) with any Affiliate of the Borrower, such Subsidiary or such Loan Party, except (a) as set forth on Schedule 6.1.(r), (b) transactions between and among the Borrower and its Wholly Owned Subsidiaries or (c) transactions in the ordinary course of and pursuant to the reasonable requirements of the business of the Borrower, such Subsidiary, or such Loan Party and upon fair and reasonable terms which are no less favorable to the Borrower, such Subsidiary, or such Loan Party than would be obtained in a comparable arm’s length transaction with a Person that is not an Affiliate. Notwithstanding the forgoing, no payments may be made with respect to any items set forth on such Schedule 6.1.(r) if a Default or Event of Default exists or would result therefrom.

Section 9.11. ERISA Exemptions.

The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. The Borrower shall not cause or permit to occur, and shall not permit any other member of the ERISA Group to cause or permit to occur, any ERISA Event if such ERISA Event could reasonably be expected to have a Material Adverse Effect.

Section 9.12. Environmental Matters.

The Borrower shall not, and shall not permit its Subsidiaries or any other Loan Party or any other Person to, use, generate, discharge, emit, manufacture, handle, process, store, release, transport, remove, dispose of or clean up any Hazardous Materials on, under or from the Properties in violation of any Environmental Law the violation of which could reasonably be expected to have a Material Adverse Effect. Nothing in this Section shall impose any obligation or liability whatsoever on the Administrative Agent or any Lender.

Section 9.13. Derivatives Contracts.

The Borrower shall not, and shall not permit any Subsidiary or any other Loan Party, to enter into or become obligated in respect of, Derivatives Contracts, other than Derivatives Contracts entered into by the Borrower, Loan Party or such Subsidiary in the ordinary course of business and which establish a hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, a Loan Party or other Subsidiary.

Article X. Default

Section 10.1. Events of Default.

Each of the following shall constitute an Event of Default, whatever the reason for such event and whether it shall be voluntary or involuntary or be effected by operation of Applicable Law or pursuant to any judgment or order of any Governmental Authority:

(a)    Default in Payment of Principal. The Borrower shall fail to pay when due (whether upon demand, at maturity, by reason of acceleration or otherwise) the principal of any of the Loans, or any Reimbursement Obligation.

(b)    Default in Payment of Interest and Other Obligations. The Borrower shall fail to pay when due any interest on any of the Loans or any of the other payment Obligations owing by the Borrower under this Agreement or any other Loan Document, or any other Loan Party shall fail to pay when due any payment Obligation owing by such other Loan Party under any Loan Document to which it is a party, and such failure shall continue for a period of 5 Business Days.

(c)    Default in Performance.

(i)    The Borrower shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(i) or in Article IX.; or

(ii)    The Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and, in the case of this clause (ii) only, such failure shall continue for a period of 30 calendar days after the earlier of (x) the date upon which a Responsible Officer of the Borrower or any other Loan Party obtains knowledge of such failure or (y) the date upon which the Borrower has received written notice of such failure from the Administrative Agent.

(d)    Material Misrepresentations. Any written statement, representation or warranty made or deemed made by or on behalf of the Borrower or any other Loan Party under this Agreement or under any other Loan Document, or any amendment hereto or thereto, or in any other writing or statement at any time furnished or made or deemed made by or on behalf of the Borrower or any other Loan Party to the Administrative Agent, the Issuing Bank or any Lender, shall at any time prove to have been incorrect or misleading, in light of the circumstances in which made or deemed made, in any material respect when furnished or made or deemed made.

(e)    Indebtedness Cross- Default.

(i)    The Borrower, any Subsidiary or any other Loan Party shall fail to pay when due and payable, after the expiration of any applicable notice and cure period, the principal of, or interest on, any Indebtedness (other than the Loans) having an aggregate outstanding principal amount of (or, in the case of any Derivatives Contract, having, without regard to the effect of any close-out netting provision, a Derivatives Termination Value) of $100,000,000 or more (“Material Debt”); or

(ii)    (x) The maturity of any Material Debt shall have been accelerated in accordance with the provisions of any indenture, contract or instrument evidencing, providing for the creation of or otherwise concerning such Material Debt or (y) any Material Debt shall have been required to be prepaid or repurchased prior to the stated maturity thereof; or

(iii)    Any other event exists, with or without the passage of time, the giving of notice, or otherwise, would permit any holder or holders of any Material Debt, any trustee or agent acting on behalf of such holder or holders or any other Person, to accelerate the maturity of any such Material Debt or require any such Material Debt to be prepaid or repurchased prior to its stated maturity; or

(iv)    As a result of any Loan Party’s failure to perform or observe any term, covenant, condition or agreement contained in any Derivatives Contract, such Derivatives Contract is terminated and the Derivatives Termination Value owed by such Loan Party as a result thereof is $50,000,000 or more.

(f)    Voluntary Bankruptcy Proceeding. The Borrower, any other Loan Party or any Subsidiary to which more than five percent (5%) of Total Asset Value is attributable in the aggregate shall: (i) commence a voluntary case under the Bankruptcy Code or other federal bankruptcy laws (as now or hereafter in effect); (ii) file a petition seeking to take advantage of any other Applicable Laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; (iii) consent to, or fail to contest in a timely and appropriate manner, any petition filed against it in an involuntary case under such bankruptcy laws or other Applicable Laws or consent to any proceeding or action described in the immediately following subsection; (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign; (v) admit in writing

its inability to pay its debts as they become due; (vi) make a general assignment for the benefit of creditors; (vii) make a conveyance fraudulent as to creditors under any Applicable Law; or (viii) take any corporate or partnership action for the purpose of effecting any of the foregoing.

(g)    Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the Borrower, any other Loan Party or any Subsidiary to which more than five percent (5%) of Total Asset Value is attributable in the aggregate in any court of competent jurisdiction seeking: (i) relief under the Bankruptcy Code or other federal bankruptcy laws (as now or hereafter in effect) or under any other Applicable Laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like of such Person, or of all or any substantial part of the assets, domestic or foreign, of such Person, and in the case of either clause (i) or (ii) such case or proceeding shall continue undismissed or unstayed for a period of 60 consecutive calendar days, or an order granting the remedy or other relief requested in such case or proceeding against the Borrower, such Subsidiary or such other Loan Party(including, but not limited to, an order for relief under such Bankruptcy Code or such other federal bankruptcy laws) shall be entered.

(h)    Litigation; Enforceability. The Borrower or any other Loan Party shall (or shall attempt to) disavow, revoke or terminate (or attempt to terminate) any Loan Document to which it is a party or the Fee Letter or shall otherwise challenge or contest in any action, suit or proceeding in any court or before any Governmental Authority the validity or enforceability of any Loan Document or the Fee Letter or any Loan Document or the Fee Letter shall cease to be in full force and effect (except as a result of the express terms thereof).

(i)    Judgment. A judgment or order for the payment of money or for an injunction shall be entered against the Borrower, any Subsidiary or any other Loan Party, by any court or other tribunal and (i) such judgment or order shall continue for a period of 30 days without being paid, stayed or dismissed through appropriate appellate proceedings and (ii) either (A) the amount of such judgment or order for which insurance has not been acknowledged in writing by the applicable insurance carrier (or the amount as to which the insurer has denied liability) exceeds, individually or together with all other such outstanding judgments or orders entered against the Borrower, such Subsidiaries and such other Loan Parties, $50,000,000 or (B) in the case of an injunction or other non-monetary judgment, such judgment could reasonably be expected to have a Material Adverse Effect.

(j)    Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any Subsidiary or any other Loan Party which exceeds, individually or together with all other such warrants, writs, executions and processes, $100,000,000 in amount and such warrant, writ, execution or process shall not be discharged, vacated, stayed or bonded for a period of 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of any Loan Party.

(k)    ERISA.

(i)    Any ERISA Event shall have occurred that results or could reasonably be expected to result in liability to any member of the ERISA Group aggregating in excess of $25,000,000; or

(ii)    The “benefit obligation” of all Plans exceeds the “fair market value of plan assets” for such Plans by more than $25,000,000, all as determined, and with such terms defined, in accordance with FASB ASC 715.

(l)    Loan Documents. An Event of Default (as defined therein) shall occur under any of the other Loan Documents;

(m)    Change of Control.

(i)    Any “person” or “group” (as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), is or becomes the “beneficial owner” (as defined in Rules 13d-3 and 13d-5 under the Exchange Act, except that a Person will be deemed to have “beneficial ownership” of all securities that such Person has the right to acquire, whether such right is exercisable immediately or only after the passage of time), directly or indirectly, of more than 35.0% of the total voting power of the then outstanding voting stock of the Borrower; or

(ii)    During any period of 12 consecutive months ending after the Agreement Date, individuals who at the beginning of any such 12-month period constituted the Board of Directors of the Borrower (together with any new directors whose election by such Board or whose nomination for election by the shareholders of the Borrower was approved by a vote of a majority of the directors then still in office who were either directors at the beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to constitute a majority of the Board of Directors of the Borrower then in office.

Section 10.2. Remedies Upon Event of Default.

Upon the occurrence of an Event of Default the following provisions shall apply:

(a)    Acceleration; Termination of Facilities.

(i)    Automatic. Upon the occurrence of an Event of Default specified in Sections 10.1.(f) or 10.1.(g), (1)(A) the principal of, and all accrued interest on, the Loans and the Notes at the time outstanding, (B) an amount equal to the Stated Amount of all Letters of Credit outstanding as of the date of the occurrence of such Event of Default for deposit into the Collateral Account pursuant to Section 10.5. and (C) all of the other Obligations of the Borrower, including, but not limited to, the other amounts owed to the Lenders, the Issuing Bank and the Administrative Agent under this Agreement, the Notes or any of the other Loan Documents shall become immediately and automatically due and payable by the Borrower without presentment, demand, protest, or other notice of any kind, all of which are expressly waived by the Borrower, and (2) all of the Commitments, the obligation of the Lenders to make Revolving Loans hereunder and the obligation of the Issuing Bank to issue Letters of Credit hereunder, shall all immediately and automatically terminate.

(ii)    Optional. If any other Event of Default shall exist, the Administrative Agent may, and at the direction of the Requisite Lenders shall: (1) declare (A) the principal of, and accrued interest on, the Loans and the Notes at the time outstanding, (B) an amount equal to the Stated Amount of all Letters of Credit outstanding as of the date of the occurrence of such other Event of Default for deposit into the Collateral Account pursuant to Section 10.5. and (C) all of the other Obligations, including, but not limited to, the other amounts owed to the Lenders, the Issuing Bank and the Administrative Agent under this Agreement, the Notes or any of the other Loan Documents

to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by the Borrower, and (2) terminate the Commitments and the obligation of the Lenders to make Loans hereunder and the obligation of the Issuing Bank to issue Letters of Credit hereunder.

(b)    Loan Documents. The Requisite Lenders may direct the Administrative Agent to, and the Administrative Agent if so directed shall, exercise any and all of its rights under any and all of the other Loan Documents.

(c)    Applicable Law. The Requisite Lenders may direct the Administrative Agent to, and the Administrative Agent if so directed shall, exercise all other rights and remedies it may have under any Applicable Law.

(d)    Appointment of Receiver. To the extent permitted by Applicable Law, the Administrative Agent and the Lenders shall be entitled to the appointment of a receiver for the assets and properties of the Borrower and its Subsidiaries, without notice of any kind whatsoever and without regard to the adequacy of any security for the Obligations or the solvency of any party bound for its payment, to take possession of all or any portion of the business operations of the Borrower and its Subsidiaries and to exercise such power as the court shall confer upon such receiver.

(e)    Specified Derivatives Contract Remedies. Notwithstanding any other provision of this Agreement or other Loan Document, each Specified Derivatives Provider shall have the right, with the prompt notice to the Administrative Agent, but without the approval or consent of or other action by the Administrative Agent or the Lenders, and without limitation of other remedies available to such Specified Derivatives Provider under contract or Applicable Law, to undertake any of the following: (a) to declare an event of default, termination event or other similar event under any Specified Derivatives Contract and to create an “Early Termination Date” (as defined therein) in respect thereof, (b) to determine net termination amounts in respect of any and all Specified Derivatives Contracts in accordance with the terms thereof, and to set off amounts among such contracts, (c) to set off or proceed against deposit account balances, securities account balances and other property and amounts held by such Specified Derivatives Provider pursuant to any Derivatives Support Document, including any “Posted Collateral” (as defined in any credit support annex including in any such Derivatives Support Document to which such Specified Derivatives Provider may be a party), and (d) to prosecute any legal action against the Borrower, any Loan Party or other Subsidiary to enforce or collect net amounts owing to such Specified Derivatives Provider pursuant to any Specified Derivatives Contract.

Section 10.3. Remedies Upon Default.

Upon the occurrence of a Default specified in Section 10.1.(g), the Commitments shall immediately and automatically terminate.

Section 10.4. Marshaling; Payments Set Aside.

None of the Administrative Agent, the Issuing Bank, any Lender or any Specified Derivatives Provider shall be under any obligation to marshal any assets in favor of any Loan Party or any other party or against or in payment of any or all of the Guaranteed Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent and/or the Issuing Bank and/or any Lender and/or any Specified Derivatives Provider, or the Administrative Agent and/or the Issuing Bank and/or any Lender and/or any Specified Derivatives Provider enforce their security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to

a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such recovery, the Obligations or Specified Derivatives Obligations, or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Section 10.5. Allocation of Proceeds.

If an Event of Default exists and maturity of any of the Obligations has been accelerated or the Termination Date has occurred, all payments received by the Administrative Agent under any of the Loan Documents, in respect of the Guaranteed Obligations or any other amounts payable by the Borrower hereunder or thereunder, shall be applied in the following order and priority:

(a)    to payment of that portion of the Guaranteed Obligations due to the Administrative Agent, the Issuing Bank and the Lenders in respect of expenses due under Section 12.2. until paid in full, and then Fees;

(b)    to payment of that portion of the Guaranteed Obligations constituting interest on all Loans and Reimbursement Obligations, to be applied for the ratable benefit of the Lenders and Issuing Banks in proportion to the respective amounts described in this clause (b) payable to them;

(c)    payments of that portion of the Guaranteed Obligations constituting unpaid principal of all Loans, Reimbursement Obligations and Letter of Credit Liabilities, and payment obligations then owing under Specified Derivatives Contracts, to be applied for the ratable benefit of the Lenders, the Issuing Banks and Specified Derivatives Providers, as the case may be, in proportion to the respective amounts described in this clause (c) payable to them;

(d)    amounts to be deposited into the Collateral Account in respect of Letters of Credit;

(e)    amounts due to the Administrative Agent, the Lenders, the Issuing Banks and any Specified Derivatives Provider pursuant to Sections 10.7. and 12.10.;

(h)    payments of all other Guaranteed Obligations and all other amounts due and owing by the Borrower and the other Loan Parties under any of the Loan Documents, if any, to be applied for the ratable benefit of the Administrative Agent, the Issuing Banks, the Lenders and the Specified Derivatives Providers; and

(i)    any amount remaining after application as provided above, shall be paid to the Borrower or whomever else may be legally entitled thereto.

Notwithstanding the foregoing, Guaranteed Obligations arising under Specified Derivatives Contracts shall be excluded from the application described above if the Administrative Agent has not received written notice thereof, together with such supporting documentation as the Administrative Agent may request, from the applicable Specified Derivatives Provider. Each Specified Derivatives Provider not a party to this Agreement that has given the notice contemplated by the preceding sentence shall, by such notice, be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of Article XI. for itself and its Affiliates as if a “Lender” party hereto. Excluded Swap Obligations with respect to the Guarantor shall not be paid with amounts received from the Guarantor or the Guarantor’s assets, but appropriate adjustments shall be made with respect to payments from other Loan Parties to preserve the allocations otherwise set forth above in this Section.

Section 10.6. Collateral Account.

(a)    As collateral security for the prompt payment in full when due of all Letter of Credit Liabilities, the Borrower hereby pledges and grants to the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Bank and the Lenders as provided herein, a security interest in all of its right, title and interest in and to the Collateral Account established pursuant to the requirements of Section 2.12. and the balances from time to time in the Collateral Account (including the investments and reinvestments therein provided for below). The balances from time to time in the Collateral Account shall not constitute payment of any Letter of Credit Liabilities until applied by the Administrative Agent as provided herein. Anything in this Agreement to the contrary notwithstanding, funds held in the Collateral Account shall be subject to withdrawal only as provided in this Section and in Section 2.12.

(b)    Amounts on deposit in the Collateral Account shall be invested and reinvested by the Administrative Agent in such Cash Equivalents as the Administrative Agent shall determine in its sole discretion. All such investments and reinvestments shall be held in the name of and be under the sole dominion and control of the Administrative Agent, provided, that all earnings on such investments will be credited to and retained in the Collateral Account. The Administrative Agent shall exercise reasonable care in the custody and preservation of any funds held in the Collateral Account and shall be deemed to have exercised such care if such funds are accorded treatment substantially equivalent to that which the Administrative Agent accords other funds deposited with the Administrative Agent, it being understood that the Administrative Agent shall not have any responsibility for taking any necessary steps to preserve rights against any parties with respect to any funds held in the Collateral Account.

(c)    If an Event of Default exists, the Administrative Agent may (and, if instructed by the Requisite Lenders, shall) in its (or their) discretion at any time and from time to time elect to liquidate any such investments and reinvestments and credit the proceeds thereof to the Collateral Account and apply or cause to be applied such proceeds and any other balances in the Collateral Account to the payment of any of the Letter of Credit Liabilities due and payable.

(d)    So long as no Default or Event of Default exists, the Administrative Agent shall, from time to time, at the request of the Borrower, deliver to the Borrower within 10 Business Days after the Administrative Agent’s receipt of such request from the Borrower, against receipt but without any recourse, warranty or representation whatsoever, such of the balances in the Collateral Account as exceed the aggregate amount of Letter of Credit Liabilities at such time. When all of the Obligations shall have been indefeasibly paid in full and no Letters of Credit remain outstanding, the Administrative Agent shall deliver to the Borrower, against receipt but without any recourse, warranty or representation whatsoever, the balances remaining in the Collateral Account.

(e)    The Borrower shall pay to the Administrative Agent from time to time such fees as the Administrative Agent normally charges for similar services in connection with the Administrative Agent’s administration of the Collateral Account and investments and reinvestments of funds therein.

Section 10.7. Performance by Administrative Agent.

If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Administrative Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Administrative Agent, promptly pay any amount reasonably expended by the Administrative Agent in such performance or attempted performance to the Administrative Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Administrative Agent nor any Lender shall have any

liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

Section 10.8. Rights Cumulative.

The rights and remedies of the Administrative Agent, the Issuing Bank, the Lenders and the Specified Derivatives Providers under this Agreement, each of the other Loan Documents, the Fee Letter and Specified Derivatives Contracts shall be cumulative and not exclusive of any rights or remedies which any of them may otherwise have under Applicable Law. In exercising their respective rights and remedies the Administrative Agent, the Issuing Bank, the Lenders and the Specified Derivatives Providers may be selective and no failure or delay by the Administrative Agent, the Issuing Bank, any of the Lenders or any of the Specified Derivatives Providers in exercising any right shall operate as a waiver of it, nor shall any single or partial exercise of any power or right preclude its other or further exercise or the exercise of any other power or right.

Article XI. The Administrative Agent

Section 11.1. Appointment and Authorization.

Each Lender hereby irrevocably appoints and authorizes the Administrative Agent to take such action as contractual representative on such Lender’s behalf and to exercise such powers under this Agreement and the other Loan Documents as are specifically delegated to the Administrative Agent by the terms hereof and thereof, together with such powers as are reasonably incidental thereto. Not in limitation of the foregoing, each Lender authorizes and directs the Administrative Agent to enter into the Loan Documents for the benefit of the Lenders. Each Lender hereby agrees that, except as otherwise set forth herein, any action taken by the Requisite Lenders in accordance with the provisions of this Agreement or the Loan Documents, and the exercise by the Requisite Lenders of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Lenders. Nothing herein shall be construed to deem the Administrative Agent a trustee or fiduciary for any Lender or to impose on the Administrative Agent duties or obligations other than those expressly provided for herein. Without limiting the generality of the foregoing, the use of the terms “Agent”, “Administrative Agent”, “agent” and similar terms in the Loan Documents with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any Applicable Law. Instead, use of such terms is merely a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. The Administrative Agent shall deliver to each Lender, promptly upon receipt thereof by the Administrative Agent, copies of each of the financial statements, certificates, notices and other documents delivered to the Administrative Agent pursuant to Article VIII. that the Borrower is not otherwise required to deliver directly to the Lenders. The Administrative Agent will furnish to any Lender, upon the request of such Lender, a copy (or, where appropriate, an original) of any document, instrument, agreement, certificate or notice furnished to the Administrative Agent by the Borrower, any Loan Party or any other Affiliate of the Borrower, pursuant to this Agreement or any other Loan Document not already delivered to such Lender pursuant to the terms of this Agreement or any such other Loan Document. As to any matters not expressly provided for by the Loan Documents (including, without limitation, enforcement or collection of any of the Obligations), the Administrative Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Requisite Lenders (or all of the Lenders if explicitly required under any other provision of this Agreement), and such instructions shall be binding upon all Lenders and all holders of any of the Obligations; provided, however, that, notwithstanding anything in this Agreement to the contrary, the Administrative Agent shall not be required to take any action which exposes the Administrative Agent to personal liability or which is contrary to this Agreement or any

other Loan Document or Applicable Law. Not in limitation of the foregoing, the Administrative Agent may exercise any right or remedy it or the Lenders may have under any Loan Document upon the occurrence of a Default or an Event of Default unless the Requisite Lenders have directed the Administrative Agent otherwise. Without limiting the foregoing, no Lender shall have any right of action whatsoever against the Administrative Agent as a result of the Administrative Agent acting or refraining from acting under this Agreement or any of the other Loan Documents in accordance with the instructions of the Requisite Lenders, or where applicable, all the Lenders.

Section 11.2. Administrative Agent’s Reliance.

Notwithstanding any other provisions of this Agreement or any other Loan Documents, neither the Administrative Agent nor any of its directors, officers, agents, employees or counsel shall be liable for any action taken or not taken by it under or in connection with this Agreement or any other Loan Document, except for its or their own gross negligence or willful misconduct in connection with its duties expressly set forth herein or therein. Without limiting the generality of the foregoing, the Administrative Agent: may consult with legal counsel (including its own counsel or counsel for the Borrower or any other Loan Party), independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants or experts. Neither the Administrative Agent nor any of its directors, officers, agents, employees or counsel: (a) makes any warranty or representation to any Lender, the Issuing Bank or any other Person and shall be responsible to any Lender, the Issuing Bank or any other Person for any statement, warranty or representation made or deemed made by the Borrower, any other Loan Party or any other Person in or in connection with this Agreement or any other Loan Document; (b) shall have any duty to ascertain or to inquire as to the performance or observance of any of the terms, covenants or conditions of this Agreement or any other Loan Document or the satisfaction of any conditions precedent under this Agreement or any Loan Document on the part of the Borrower or other Persons or inspect the property, books or records of the Borrower or any other Person; (c) shall be responsible to any Lender or the Issuing Bank for the due execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement or any other Loan Document, any other instrument or document furnished pursuant thereto or any Collateral covered thereby or the perfection or priority of any Lien in favor of the Administrative Agent on behalf of the Lenders, the Issuing Bank and the Specified Derivatives Providers in any such Collateral; (d) shall have any liability in respect of any recitals, statements, certifications, representations or warranties contained in any of the Loan Documents or any other document, instrument, agreement, certificate or statement delivered in connection therewith; and (e) shall incur any liability under or in respect of this Agreement or any other Loan Document by acting upon any notice, consent, certificate or other instrument or writing (which may be by telephone, telecopy or electronic mail) believed by it to be genuine and signed, sent or given by the proper party or parties. The Administrative Agent may execute any of its duties under the Loan Documents by or through agents, employees or attorneys-in-fact and shall not be responsible for the negligence or misconduct of any agent or attorney-in-fact that it selects in the absence of gross negligence or willful misconduct.

Section 11.3. Notice of Events of Default.

The Administrative Agent shall not be deemed to have knowledge or notice of the occurrence of a Default or Event of Default unless the Administrative Agent has received notice from a Lender or the Borrower referring to this Agreement, describing with reasonable specificity such Default or Event of Default and stating that such notice is a “notice of default.” If any Lender (excluding the Lender which is also serving as the Administrative Agent) becomes aware of any Default or Event of Default, it shall promptly send to the Administrative Agent such a “notice of default”. Further, if the Administrative Agent receives such a “notice of default,” the Administrative Agent shall give prompt notice thereof to the Lenders.

Section 11.4. Wells Fargo as Lender.

Wells Fargo, as a Lender or as a Specified Derivatives Provider, as the case may be, shall have the same rights and powers under this Agreement and any other Loan Document and under any Specified Derivatives Contract, as the case may be, as any other Lender or Specified Derivatives Provider and may exercise the same as though it were not the Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Wells Fargo in each case in its individual capacity. Wells Fargo and its affiliates may each accept deposits from, maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of business with the Borrower, any other Loan Party or any other affiliate thereof as if it were any other bank and without any duty to account therefor to the Issuing Bank, other Lenders, or any other Specified Derivatives Providers. Further, the Administrative Agent and any affiliate may accept fees and other consideration from the Borrower for services in connection with this Agreement or any Specified Derivatives Contract, or otherwise without having to account for the same to the Issuing Bank, the other Lenders or any other Specified Derivatives Providers. The Issuing Bank and the Lenders acknowledge that, pursuant to such activities, Wells Fargo or its affiliates may receive information regarding the Borrower, other Loan Parties, other Subsidiaries and other Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them.

Section 11.5. Approvals of Lenders.

All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent, approval or disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the recommendation or determination of the Administrative Agent within 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such recommendation or determination.

Section 11.6. Lender Credit Decision, Etc.

Each of the Lenders and the Issuing Bank expressly acknowledges and agrees that neither the Administrative Agent nor any of its officers, directors, employees, agents, counsel, attorneys-in-fact or other affiliates has made any representations or warranties as to the financial condition, operations, creditworthiness, solvency or other information concerning the business or affairs of the Borrower, any other Loan Party, any Subsidiary or any other Person to the Issuing Bank or such Lender and that no act by the Administrative Agent hereafter taken, including any review of the affairs of the Borrower, any other Loan Party or any other Subsidiary or Affiliate, shall be deemed to constitute any such representation or warranty by the Administrative Agent to the Issuing Bank or any Lender. Each of the Lenders and the Issuing Bank acknowledges that it has made its own credit and legal analysis and decision to enter into this Agreement and the transactions contemplated hereby, independently and without reliance upon the Administrative Agent, any other Lender or counsel to the Administrative Agent, or any of their respective

officers, directors, employees, agents or counsel, and based on the financial statements of the Borrower, the other Loan Parties, the other Subsidiaries and any other Affiliates thereof, and inquiries of such Persons, its independent due diligence of the business and affairs of the Borrower, the other Loan Parties, the other Subsidiaries and other Persons, its review of the Loan Documents, the legal opinions required to be delivered to it hereunder, the advice of its own counsel and such other documents and information as it has deemed appropriate. Each of the Lenders and the Issuing Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent, any other Lender or counsel to the Administrative Agent or any of their respective officers, directors, employees and agents, and based on such review, advice, documents and information as it shall deem appropriate at the time, continue to make its own decisions in taking or not taking action under the Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower or any other Loan Party of the Loan Documents or any other document referred to or provided for therein or to inspect the properties or books of, or make any other investigation of, the Borrower, any other Loan Party or any other Subsidiary. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders and the Issuing Bank by the Administrative Agent under this Agreement or any of the other Loan Documents, the Administrative Agent shall have no duty or responsibility to provide any Lender or the Issuing Bank with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Borrower, any other Loan Party or any other Affiliate thereof which may come into possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or other Affiliates. Each of the Lenders and the Issuing Bank acknowledges that the Administrative Agent’s legal counsel in connection with the transactions contemplated by this Agreement is only acting as counsel to the Administrative Agent and is not acting as counsel to any Lender or the Issuing Bank.

Section 11.7. Indemnification of Administrative Agent.

Regardless of whether the transactions contemplated by this Agreement and the other Loan Documents are consummated, each Lender agrees to indemnify the Administrative Agent (to the extent not reimbursed by the Borrower and without limiting the obligation of the Borrower to do so) pro rata in accordance with such Lender’s respective Commitment Percentage, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may at any time be imposed on, incurred by, or asserted against the Administrative Agent (in its capacity as Administrative Agent but not as a “Lender”) in any way relating to or arising out of the Loan Documents, any transaction contemplated hereby or thereby or any action taken or omitted by the Administrative Agent under the Loan Documents (collectively, “Indemnifiable Amounts”); provided, however, that no Lender shall be liable for any portion of such Indemnifiable Amounts to the extent resulting from the Administrative Agent’s gross negligence or willful misconduct as determined by a court of competent jurisdiction in a final, non-appealable judgment; provided, however, that no action taken in accordance with the directions of the Requisite Lenders (or all of the Lenders, if expressly required hereunder) shall be deemed to constitute gross negligence or willful misconduct for purposes of this Section. Without limiting the generality of the foregoing, each Lender agrees to reimburse the Administrative Agent (to the extent not reimbursed by the Borrower and without limiting the obligation of the Borrower to do so) promptly upon demand for its ratable share of any out-of-pocket expenses (including the reasonable fees and expenses of the counsel to the Administrative Agent) incurred by the Administrative Agent in connection with the preparation, negotiation, execution, administration, or enforcement (whether through negotiations, legal proceedings, or otherwise) of, or legal advice with respect to the rights or responsibilities of the parties under, the Loan Documents, any suit or action brought by the Administrative Agent to enforce the terms of the Loan Documents and/or collect any Obligations, any “lender liability” suit or claim brought against the Administrative Agent and/or the Lenders, and any claim or suit brought against the Administrative Agent and/or the Lenders arising under any Environmental Laws. Such out-of-pocket expenses (including counsel fees) shall be advanced by the Lenders on the request of

the Administrative Agent notwithstanding any claim or assertion that the Administrative Agent is not entitled to indemnification hereunder upon receipt of an undertaking by the Administrative Agent that the Administrative Agent will reimburse the Lenders if it is actually and finally determined by a court of competent jurisdiction that the Administrative Agent is not so entitled to indemnification. The agreements in this Section shall survive the payment of the Loans and all other amounts payable hereunder or under the other Loan Documents and the termination of this Agreement. If the Borrower shall reimburse the Administrative Agent for any Indemnifiable Amount following payment by any Lender to the Administrative Agent in respect of such Indemnifiable Amount pursuant to this Section, the Administrative Agent shall share such reimbursement on a ratable basis with each Lender making any such payment.

Section 11.8. Successor Administrative Agent.

The Administrative Agent may (i) resign at any time as Administrative Agent under the Loan Documents by giving written notice thereof to the Lenders and the Borrower or (ii) be removed as Administrative Agent under the Loan Documents, if the Administrative Agent is a Defaulting Lender, by all of the Lenders (other than the Lender then acting as the Administrative Agent), provided that no Default or Event of Default exists, with the written consent of the Borrower (not to be unreasonably withheld or delayed), in each case, upon not less than 30 days’ prior written notice to the Administrative Agent. Upon any such resignation, the Requisite Lenders shall have the right to appoint a successor Administrative Agent which appointment shall, provided no Default or Event of Default exists, be subject to the Borrower’s approval, which approval shall not be unreasonably withheld or delayed (except that the Borrower shall, in all events, be deemed to have approved each Lender and any of its affiliates as a successor Administrative Agent). If no successor Administrative Agent shall have been so appointed in accordance with the immediately preceding sentence, and shall have accepted such appointment, within 30 days after the current Administrative Agent’s giving of notice of resignation, then the current Administrative Agent may, on behalf of the Lenders and the Issuing Bank, appoint a successor Administrative Agent, which shall be a Lender, if any Lender shall be willing to serve, and otherwise shall be an Eligible Assignee. Upon the acceptance of any appointment as Administrative Agent hereunder by a successor Administrative Agent, such successor Administrative Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the current Administrative Agent, and the current Administrative Agent shall be discharged from its duties and obligations under the Loan Documents. Such successor Administrative Agent shall issue letters of credit in substitution for the Letters of Credit, if any, outstanding at the time of such succession or shall make other arrangements satisfactory to the current Administrative Agent, in either case, to assume effectively the obligations of the current Administrative Agent with respect to such Letters of Credit. After any Administrative Agent’s resignation hereunder as Administrative Agent, the provisions of this Article XI. shall continue to inure to its benefit as to any actions taken or omitted to be taken by it while it was Administrative Agent under the Loan Documents. Notwithstanding anything contained herein to the contrary, the Administrative Agent may assign its rights and duties under the Loan Documents to any of its affiliates by giving the Borrower and each Lender prior written notice.

Section 11.9. Titled Agents.

Each of the “Joint Lead Arrangers”, the “Joint Bookrunners”, and the “Syndication Agent” (each a “Titled Agent”) in each such respective capacity, assumes no responsibility or obligation hereunder, including, without limitation, for servicing, enforcement or collection of any of the Loans, nor any duties as an agent hereunder for the Lenders. The titles given to the Titled Agents are solely honorific and imply no fiduciary responsibility on the part of the Titled Agents to the Administrative Agent, any Lender, the Borrower or any other Loan Party and the use of such titles does not impose on the Titled Agents any duties or obligations greater than those of any other Lender or entitle the Titled Agents to any rights other than those to which any other Lender is entitled.

Section 11.10. Erroneous Payments.

(a)Each Lender, each Issuing Bank and any other party hereto hereby severally agrees that if (i) the Administrative Agent notifies (which such notice shall be conclusive absent manifest error) such Lender or Issuing Bank or any other Person that has received funds from the Administrative Agent or any of its Affiliates, either for its own account or on behalf of a Lender or Issuing Bank (each such recipient, a “Payment Recipient”) that the Administrative Agent has determined in its sole discretion that any funds received by such Payment Recipient were erroneously transmitted to, or otherwise erroneously or mistakenly received by, such Payment Recipient (whether or not known to such Payment Recipient) or (ii) any Payment Recipient receives any payment from the Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, as applicable, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, as applicable, or (z) that such Payment Recipient otherwise becomes aware was transmitted or received in error or by mistake (in whole or in part) then, in each case, an error in payment shall be presumed to have been made (any such amounts specified in clauses (i) or (ii) of this Section 11.10(a), whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise; individually and collectively, an “Erroneous Payment”), then, in each case, such Payment Recipient is deemed to have knowledge of such error at the time of its receipt of such Erroneous Payment; provided that nothing in this Section shall require the Administrative Agent to provide any of the notices specified in clauses (i) or (ii) above. Each Payment Recipient agrees that it shall not assert any right or claim to any Erroneous Payment, and hereby waives any claim, counterclaim, defense or right of set-off or recoupment with respect to any demand, claim or counterclaim by the Administrative Agent for the return of any Erroneous Payments, including without limitation waiver of any defense based on “discharge for value” or any similar doctrine.

(b)Without limiting the immediately preceding clause (a), each Payment Recipient agrees that, in the case of clause (a)(ii) above, it shall promptly notify the Administrative Agent in writing of such occurrence.

(c)In the case of either clause (a)(i) or (a)(ii) above, such Erroneous Payment shall at all times remain the property of the Administrative Agent and shall be segregated by the Payment Recipient and held in trust for the benefit of the Administrative Agent, and upon demand from the Administrative Agent such Payment Recipient shall (or, shall cause any Person who received any portion of an Erroneous Payment on its behalf to), promptly, but in all events no later than two Business Days thereafter, return to the Administrative Agent the amount of any such Erroneous Payment (or portion thereof) as to which such a demand was made in same day funds and in the currency so received, together with interest thereon in respect of each day from and including the date such Erroneous Payment (or portion thereof) was received by such Payment Recipient to the date such amount is repaid to the Administrative Agent at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation from time to time in effect.

(d)In the event that an Erroneous Payment (or portion thereof) is not recovered by the Administrative Agent for any reason, after demand therefor by the Administrative Agent in accordance with immediately preceding clause (c), from any Lender that is a Payment Recipient or an Affiliate of a Payment Recipient (such unrecovered amount as to such Lender, an “Erroneous Payment Return Deficiency”), then at the sole discretion of the Administrative Agent and upon the Administrative Agent’s written notice to such Lender (i) such Lender shall be deemed to have made a cashless assignment of the full face amount of the portion of its Loans (but not its Commitments) of the relevant Class with respect to which such Erroneous Payment was made (the “Erroneous Payment Impacted Class”) to the Administrative

Agent or, at the option of the Administrative Agent, the Administrative Agent’s applicable lending affiliate in an amount that is equal to the Erroneous Payment Return Deficiency (or such lesser amount as the Administrative Agent may specify) (such assignment of the Loans (but not Commitments) of the Erroneous Payment Impacted Class, the “Erroneous Payment Deficiency Assignment”) plus any accrued and unpaid interest on such assigned amount, without further consent or approval of any party hereto and without any payment by the Administrative Agent or its applicable lending affiliate as the assignee of such Erroneous Payment Deficiency Assignment. Without limitation of its rights hereunder, the Administrative Agent may cancel any Erroneous Payment Deficiency Assignment at any time by written notice to the applicable assigning Lender and upon such revocation all of the Loans assigned pursuant to such Erroneous Payment Deficiency Assignment shall be reassigned to such Lender without any requirement for payment or other consideration. The parties hereto acknowledge and agree that (1) any assignment contemplated in this clause (d) shall be made without any requirement for any payment or other consideration paid by the applicable assignee or received by the assignor, (2) the provisions of this clause (d) shall govern in the event of any conflict with the terms and conditions of Section 12.6. and (3) the Administrative Agent may reflect such assignments in the Register without further consent or action by any other Person.

(e)Each party hereto hereby agrees that (x) in the event an Erroneous Payment (or portion thereof) is not recovered from any Payment Recipient that has received such Erroneous Payment (or portion thereof) for any reason, the Administrative Agent (1) shall be subrogated to all the rights of such Payment Recipient with respect to such amount and (2) is authorized to set off, net and apply any and all amounts at any time owing to such Payment Recipient under any Loan Document, or otherwise payable or distributable by the Administrative Agent to such Payment Recipient from any source, against any amount due to the Administrative Agent under this Section 11.10. or under the indemnification provisions of this Agreement, (y) the receipt of an Erroneous Payment by a Payment Recipient shall not for the purpose of this Agreement be treated as a payment, prepayment, repayment, discharge or other satisfaction of any Obligations owed by the Borrower or any other Loan Party, except, in each case, to the extent such Erroneous Payment is, and solely with respect to the amount of such Erroneous Payment that is, comprised of funds received by the Administrative Agent from the Borrower or any other Loan Party for the purpose of making for a payment on the Obligations and (z) to the extent that an Erroneous Payment was in any way or at any time credited as payment or satisfaction of any of the Obligations, the Obligations or any part thereof that were so credited, and all rights of the Payment Recipient, as the case may be, shall be reinstated and continue in full force and effect as if such payment or satisfaction had never been received.

(f)Each party’s obligations under this Section 11.10. shall survive the resignation or replacement of the Administrative Agent or any transfer of right or obligations by, or the replacement of, a Lender, the termination of the Commitments or the repayment, satisfaction or discharge of all Obligations (or any portion thereof) under any Loan Document.

(g)Nothing in this Section 11.10. will constitute a waiver or release of any claim of any party hereunder arising from any Payment Recipient’s receipt of an Erroneous Payment.

Section 11.11. Specified Derivatives Contracts.

No Specified Derivatives Provider that obtains the benefits of Section 10.5. by virtue of the provisions hereof or of any Loan Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of any Loan Document other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Specified Derivatives Contracts unless the Administrative Agent has received written notice of such Specified Derivatives Contracts, together with such supporting

documentation as the Administrative Agent may request, from the applicable Specified Derivatives Provider.

Article XII. Miscellaneous

Section 12.1. Notices.

Unless otherwise provided herein (including without limitation as provided in Section 8.5.), communications provided for hereunder shall be in writing and shall be mailed, telecopied, or delivered as follows:

If to the Borrower:

National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: Chief Financial Officer

Telecopy Number:    (407) 650-1044

Telephone Number:    (407) 650-1230

With a copy to:

National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: General Counsel

Telecopy Number:    (321) 206-2138

Telephone Number:    (407) 650-1115

If to the Administrative Agent:

Wells Fargo Bank, National Association

550 South Tryon Street, 6th Floor

Charlotte, NC 28202

Attn: Matthew Kuhn

Telephone: 704-410-2459

Email: Matthew.Kuhn@wellsfargo.com

If to the Administrative Agent under Article II.:

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor

Minneapolis, Minnesota 55415

Attention: Megan Thompson

Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

If to Wells Fargo, as an Issuing Bank:

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor

Minneapolis, Minnesota 55415

Attention: Megan Thompson

Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

If to Bank of America, as an Issuing Bank:

Bank of America, N.A.

One Fleet Way

PA6-580-02-30

Scranton, PA 18507-1999

Attention: Standby Letter Of Credit Unit

Telephone: 800-370-7519

Email:     Scranton_standby_lc@bankofamerica.com

If to any other Lender:

To such Lender’s address or telecopy number as set forth in the Administrative Questionnaire.

or, as to each party at such other address as shall be designated by such party in a written notice to the other parties delivered in compliance with this Section; provided, a Lender or the Issuing Bank shall only be required to give notice of any such other address to the Administrative Agent and the Borrower. All such notices and other communications shall be effective (i) if mailed, upon the first to occur of receipt or the expiration of 3 days after the deposit in the United States Postal Service mail, postage prepaid and addressed to the address of the Borrower or the Administrative Agent, the Issuing Bank and Lenders at the addresses specified; (ii) if telecopied, when transmitted; (iii) if hand delivered, when delivered; or (iv) if delivered in accordance with Section 8.5. to the extent applicable; provided, however, that, in the case of the immediately preceding clauses (i), (ii) and (iii), non-receipt of any communication as of the result of any change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication. Notwithstanding the immediately preceding sentence, all notices or communications to the Administrative Agent, the Issuing Bank or any Lender under Articles II. shall be effective only when actually received. None of the Administrative Agent, the Issuing Bank or any Lender shall incur any liability to the Borrower (nor shall the Administrative Agent incur any liability to the Lenders) for acting upon any telephonic notice referred to in this Agreement which the Administrative Agent, the Issuing Bank or such Lender, as the case may be, believes in good faith to have been given by a Person authorized to deliver such notice or for otherwise acting in good faith hereunder.

Section 12.2. Expenses.

The Borrower agrees (a) to pay or reimburse the Administrative Agent for all of its reasonable out-of-pocket costs and expenses incurred in connection with the preparation, negotiation and execution of, and any amendment, supplement or modification to, any of the Loan Documents (including due diligence expenses and travel expenses relating to closing), and the consummation of the transactions contemplated thereby, including the reasonable fees and disbursements of counsel to the Administrative Agent and costs and expenses in connection with the use of IntraLinks, Inc., SyndTrak or other similar information transmission systems in connection with the Loan Documents, (b) to pay or reimburse the Issuing Bank all out-of-pocket costs and expenses incurred by the Issuing Bank in connection with any demand for payment thereunder, (c) to pay or reimburse the Administrative Agent, the Issuing Bank and the Lenders for all their costs and expenses incurred in connection with the enforcement or preservation of any rights under the Loan Documents and the Fee Letter, including the reasonable fees and disbursements of their respective

counsel (including the allocated fees and expenses of in-house counsel) and any payments in indemnification or otherwise payable by the Lenders to the Administrative Agent pursuant to the Loan Documents, (d) to pay, and indemnify and hold harmless the Administrative Agent, the Issuing Bank and the Lenders from, any and all recording and filing fees and any and all liabilities with respect to, or resulting from any failure to pay or delay in paying, documentary, stamp, excise and other similar taxes, if any, which may be payable or determined to be payable in connection with the execution and delivery of any of the Loan Documents, or consummation of any amendment, supplement or modification of, or any waiver or consent under or in respect of, any Loan Document and (e) to the extent not already covered by any of the preceding subsections, to pay the fees and disbursements of counsel to the Administrative Agent, the Issuing Bank and any Lender incurred in connection with the representation of the Administrative Agent, the Issuing Bank or such Lender in any matter relating to or arising out of any bankruptcy or other proceeding of the type described in Sections 10.1.(f) or 10.1.(g), including, without limitation (i) any motion for relief from any stay or similar order, (ii) the negotiation, preparation, execution and delivery of any document relating to the Obligations and (iii) the negotiation and preparation of any debtor-in-possession financing or any plan of reorganization of the Borrower or any other Loan Party, whether proposed by the Borrower, such Loan Party, the Lenders or any other Person, and whether such fees and expenses are incurred prior to, during or after the commencement of such proceeding or the confirmation or conclusion of any such proceeding.

Section 12.3. Stamp, Intangible and Recording Taxes.

The Borrower shall pay any and all stamp, excise, intangible, registration, recordation and similar taxes, fees or charges and shall indemnify the Administrative Agent and each Lender against any and all liabilities with respect to or resulting from any delay in the payment or omission to pay any such taxes, fees or charges, which may be payable or determined to be payable in connection with the execution, delivery, recording, performance or enforcement of this Agreement, the Notes and any of the other Loan Documents, the amendment, supplement, modification or waiver of or consent under this Agreement, the Notes or any of the other Loan Documents or the perfection of any rights or Liens under this Agreement, the Notes or any of the other Loan Documents.

Section 12.4. Setoff.

Subject to Section 3.3. and in addition to any rights now or hereafter granted under Applicable Law and not by way of limitation of any such rights, the Administrative Agent, each Lender, the Issuing Bank and each Participant is hereby authorized by the Borrower, at any time or from time to time while an Event of Default exists, without notice to the Borrower or to any other Person, any such notice being hereby expressly waived, but in the case of a Lender, the Issuing Bank or a Participant subject to receipt of the prior written consent of the Administrative Agent and the Requisite Lenders exercised in their sole discretion, to set off and to appropriate and to apply any and all deposits (general or special, including, but not limited to, indebtedness evidenced by certificates of deposit, whether matured or unmatured) and any other indebtedness at any time held or owing by the Administrative Agent, the Issuing Bank, such Lender, such Participant or any affiliate of the Administrative Agent, the Issuing Bank or such Lender, to or for the credit or the account of the Borrower against and on account of any of the Obligations, irrespective of whether or not any or all of the Loans and all other Obligations have been declared to be, or have otherwise become, due and payable as permitted by Section 10.2., and although such obligations shall be contingent or unmatured.

Section 12.5. Litigation; Jurisdiction; Other Matters; Waivers.

(a)    EACH PARTY HERETO ACKNOWLEDGES THAT ANY DISPUTE OR CONTROVERSY BETWEEN OR AMONG THE BORROWER, THE ADMINISTRATIVE AGENT,

THE ISSUING BANK OR ANY OF THE LENDERS WOULD BE BASED ON DIFFICULT AND COMPLEX ISSUES OF LAW AND FACT AND WOULD RESULT IN DELAY AND EXPENSE TO THE PARTIES. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE LENDERS, THE ADMINISTRATIVE AGENT, THE ISSUING BANK AND THE BORROWER HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING OF ANY KIND OR NATURE IN ANY COURT OR TRIBUNAL IN WHICH AN ACTION MAY BE COMMENCED BY OR AGAINST ANY PARTY HERETO ARISING OUT OF THIS AGREEMENT, THE NOTES, OR ANY OTHER LOAN DOCUMENT OR THE FEE LETTER OR BY REASON OF ANY OTHER SUIT, CAUSE OF ACTION OR DISPUTE WHATSOEVER BETWEEN OR AMONG THE BORROWER, THE ADMINISTRATIVE AGENT OR ANY OF THE LENDERS OF ANY KIND OR NATURE RELATING TO ANY OF THE LOAN DOCUMENTS.

(b)    EACH OF THE BORROWER, THE ADMINISTRATIVE AGENT, THE ISSUING BANK AND EACH LENDER HEREBY AGREES THAT THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR ANY STATE COURT LOCATED IN THE BOROUGH OF MANHATTAN OF NEW YORK, NEW YORK SHALL HAVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN OR AMONG THE BORROWER, THE ADMINISTRATIVE AGENT, THE ISSUING BANK OR ANY OF THE LENDERS, PERTAINING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT, THE LOANS AND LETTERS OF CREDIT, THE NOTES OR ANY OTHER LOAN DOCUMENT OR THE FEE LETTER OR TO ANY MATTER ARISING HEREFROM OR THEREFROM. THE BORROWER, THE ISSUING BANK AND EACH OF THE LENDERS EXPRESSLY SUBMIT AND CONSENT IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING COMMENCED IN SUCH COURTS. EACH PARTY FURTHER WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT FORUM AND EACH AGREES NOT TO PLEAD OR CLAIM THE SAME. THE CHOICE OF FORUM SET FORTH IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE THE BRINGING OF ANY ACTION BY THE ADMINISTRATIVE AGENT, THE ISSUING BANK OR ANY LENDER OR THE ENFORCEMENT BY THE ADMINISTRATIVE AGENT OR ANY LENDER OF ANY JUDGMENT OBTAINED IN SUCH FORUM IN ANY OTHER APPROPRIATE JURISDICTION.

(c)    THE PROVISIONS OF THIS SECTION HAVE BEEN CONSIDERED BY EACH PARTY WITH THE ADVICE OF COUNSEL AND WITH A FULL UNDERSTANDING OF THE LEGAL CONSEQUENCES THEREOF, AND SHALL SURVIVE THE PAYMENT OF THE LOANS AND ALL OTHER AMOUNTS PAYABLE HEREUNDER OR UNDER THE OTHER LOAN DOCUMENTS, THE TERMINATION OR EXPIRATION OF ALL LETTERS OF CREDIT AND THE TERMINATION OF THIS AGREEMENT.

Section 12.6. Successors and Assigns.

(a)    Generally. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns, except that the Borrower may not assign or otherwise transfer any of is rights or obligations under this Agreement without the prior written consent of all Lenders (and any such assignment or transfer to which all of the Lenders have not consented shall be null and void).

(b)    Participations. Any Lender may at any time grant to an affiliate of such Lender, or one or more banks, financial institutions or other Persons (other than the Borrower or any of the Borrower’s Affiliates, a Defaulting Lender, or a natural person (or holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person)) (each a “Participant”) participating

interests in its Commitment or the Obligations owing to such Lender. Except as otherwise provided in Section 12.4. or as otherwise expressly stated herein, no Participant shall have any rights or benefits under this Agreement or any other Loan Document. In the event of any such grant by a Lender of a participating interest to a Participant, such Lender shall remain responsible for the performance of its obligations hereunder, and the Borrower and the Administrative Agent shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. Any agreement pursuant to which any Lender may grant such a participating interest shall provide that such Lender shall retain the sole right and responsibility to enforce the obligations of the Borrower hereunder including, without limitation, the right to approve any amendment, modification or waiver of any provision of this Agreement; provided, however, such Lender may agree with the Participant that it will not, without the consent of the Participant, agree to (i) increase such Lender’s Commitment, (ii) extend the date fixed for the payment of principal on the Loans or portions thereof owing to such Lender, (iii) reduce the rate at which interest is payable thereon, or (iv) release any Guarantor from its obligations under the Guaranty except as contemplated by Section 7.11.(c). An assignment or other transfer which is not permitted by subsection (c) or (d) below shall be given effect for purposes of this Agreement only to the extent of a participating interest granted in accordance with this subsection (b). The Borrower agrees that each Participant shall be entitled to the benefits of Section 3.11., 4.1. and 4.4 (subject to the requirements and limitations therein, including the requirements under Section 3.11.(g) (it being understood that the documentation required under Section 3.11.(g) shall be delivered to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to paragraph (c) of this Section; provided that such Participant shall not be entitled to receive any greater payment under Sections 3.11., 4.1. and 4.4., with respect to any participation, than its participating Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Regulatory Change that occurs after the Participant acquired the applicable participation. To the extent permitted by Applicable Law, each Participant also shall be entitled to the benefits of Section 12.4. as though it were a Lender; provided that such Participant agrees to be subject to Section 3.3. as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) of the United States Treasury Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.

(c)    Assignments. Any Lender may with the prior written consent of the Administrative Agent and, so long as no Default or Event of Default exists, the Borrower (which consent, in each case, shall not be unreasonably withheld or delayed; provided that the Borrower shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to the Administrative Agent within 5 Business Days after having received notice thereof) at any time assign to one or more Eligible Assignees (each an “Assignee”) all or a portion of its Commitment and its other rights and obligations under this Agreement and the Notes; provided, however, that (i) no such consent of the Borrower or the Administrative Agent shall be required in the case of any assignment to another Lender or to any affiliate of a Lender, (ii) any partial assignment shall be in an amount at least equal to $5,000,000 and integral multiples of $1,000,000 in excess thereof and after giving effect to such assignment the assigning Lender retains a Commitment, or if the Commitments have been terminated, holds Notes having an aggregate

outstanding principal balance, of at least $5,000,000 and integral multiples of $1,000,000 in excess thereof, (iii) if the assigning Lender (or its Affiliate) is a Specified Derivatives Provider and if after giving effect to such assignment such Lender will hold no further Loans or Commitments under this Agreement, such Lender shall undertake such assignment only contemporaneously with an assignment by such Lender (or its Affiliate, as the case may be) of all of its Specified Derivatives Contracts to the Assignee or another Lender (or Affiliate thereof) and (iv) each such assignment shall be effected by means of an Assignment and Assumption Agreement. Upon execution and delivery of such instrument and payment by such Assignee to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Assignee, such Assignee shall be deemed to be a Lender party to this Agreement and shall have all the rights and obligations of a Lender with a Commitment and/or Loans, as the case may be, as set forth in such Assignment and Assumption Agreement, and the transferor Lender shall be released from its obligations hereunder to a corresponding extent, and no further consent or action by any party shall be required. Upon the consummation of any assignment pursuant to this subsection (c), the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so the new Notes are issued to the Assignee and such transferor Lender, as appropriate, and shall update Schedule I attached hereto. In connection with any such assignment, the transferor Lender shall pay to the Administrative Agent an administrative fee for processing such assignment in the amount of $4,500.00. Anything in this Section to the contrary notwithstanding, no Lender may assign or participate any interest in any Loan held by it hereunder to the Borrower, or any of its respective affiliates or Subsidiaries.

(d)    Register. The Administrative Agent, acting solely for this purpose as an agent of the Borrower, shall maintain at the Principal Office a copy of each Assignment and Assumption Agreement delivered to it and a register for the recordation of the names and addresses of the Lenders, and the Commitments of, and principal amounts of the Loans owing to, each Lender pursuant to the terms hereof from time to time (the “Register”). The entries in the Register shall be conclusive, and the Borrower, the Administrative Agent and the Lenders may treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender hereunder for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Borrower and any Lender, at any reasonable time and from time to time upon reasonable prior notice.

(e)    Federal Reserve Bank Assignments. In addition to the assignments and participations permitted under the foregoing provisions of the Section, and without the need to comply with any of the formal or procedural requirements of this Section, any Lender may at any time and from time to time, pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge of assignment shall release such Lender from its obligations thereunder. No such pledge or assignment shall release the assigning Lender from its obligations hereunder.

(f)    Information to Assignee, Etc. A Lender may furnish any information concerning the Borrower, any Subsidiary or any other Loan Party in the possession of such Lender from time to time to Assignees and Participants (including prospective Assignees and Participants).

Section 12.7. Amendments and Waivers.

(a)    Generally. Except as otherwise expressly provided in this Agreement (including Section 4.2.(b)), (i) any consent or approval required or permitted by this Agreement or in any other Loan Document to be given by the Lenders may be given, (ii) any term of this Agreement or of any other Loan Document may be amended, (iii) the performance or observance by the Borrower or any other Loan Party of any terms of this Agreement or such other Loan Document may be waived, and (iv) the existence of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Requisite Lenders (or the Administrative

Agent at the written direction of the Requisite Lenders), and, in the case of an amendment to any Loan Document, the written consent of each Loan Party which is party thereto.

(b)    Certain Requisite Lender Consents. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by the Requisite Lenders (which must include Wells Fargo at all times during which Wells Fargo is acting as Administrative Agent and the Commitment Percentage of Wells Fargo is not less than ten percent (10.0%)) amend the financial covenants set forth in Section 9.1. or any of the definitions related thereto or waive any Default or Event of Default resulting from a breach of any of the financial covenants set forth in Section 9.1.

(c)    Consent of Affected Lenders. Notwithstanding the foregoing but subject to Section 3.10.(a), no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders directly affected thereby (or the Administrative Agent at the written direction of such Lenders), do any of the following:

(i)    increase or extend the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 12.6.) or subject the Lenders to any additional obligations except for any increases contemplated under Section 2.14.

(ii)    reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations;

(iii)    reduce the amount of any Fees payable to the Lenders hereunder;

(iv)    postpone any date fixed for any payment of principal of, or interest on, any Loans or for the payment of Fees or any other Obligations, or extend the expiration date of any Letter of Credit beyond the Termination Date except in accordance with Section 2.11.;

(v)    amend or otherwise modify the provisions of Section 3.2., Section 3.3. or Section 10.5.;

(vi)    change the definitions of Commitment Percentage;

(vii)    amend this Section or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;

(viii)    modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;

(vix)    release any Guarantor from its obligations under the Guaranty except as contemplated by Section 7.11.(c);

(x)    waive a Default or Event of Default under Section 10.1.(a) or (b);

(xi)    amend, or waive the Borrower’s compliance with, Section 2.15.; or

(xii)    amend, or waive a Default or Event of Default under Section 10.1.(m).

(d)    Amendment of Administrative Agent’s Duties, Etc. No amendment, waiver or consent unless in writing and signed by the Administrative Agent, in addition to the Lenders required hereinabove

to take such action, shall affect the rights or duties of the Administrative Agent under this Agreement or any of the other Loan Documents. Any amendment, waiver or consent relating to Section 2.3. or the obligations of the Issuing Bank under this Agreement or any other Loan Document shall, in addition to the Lenders required hereinabove to take such action, require the written consent of the Issuing Bank. Any amendment, waiver or consent with respect to any Loan Document that (i) diminishes the rights of a Specified Derivatives Provider in a manner or to an extent dissimilar to that affecting the Lenders or (ii) increases the liabilities or obligations of a Specified Derivatives Provider shall, in addition to the Lenders required hereinabove to take such action, require the consent of the Lender that is (or having an Affiliate that is) such Specified Derivatives Provider. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon and any amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose set forth therein. No course of dealing or delay or omission on the part of the Administrative Agent or any Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. Any Event of Default occurring hereunder shall continue to exist until such time as such Event of Default is waived in writing in accordance with the terms of this Section, notwithstanding any attempted cure or other action by the Borrower, any other Loan Party or any other Person subsequent to the occurrence of such Event of Default. Except as otherwise explicitly provided for herein or in any other Loan Document, no notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Section 12.8. Nonliability of Administrative Agent and Lenders.

The relationship between the Borrower, on the one hand, and the Lenders and the Administrative Agent, on the other hand, shall be solely that of borrower and lender. Neither the Administrative Agent nor any Lender shall have any fiduciary responsibilities to the Borrower and no provision in this Agreement or in any of the other Loan Documents, and no course of dealing between or among any of the parties hereto, shall be deemed to create any fiduciary duty owing by the Administrative Agent or any Lender to any Lender, the Borrower, any Subsidiary or any other Loan Party. Neither the Administrative Agent nor any Lender undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s business or operations.

Section 12.9. Confidentiality.

Except as otherwise provided by Applicable Law, the Administrative Agent, the Issuing Bank and each Lender shall utilize all information obtained pursuant to the requirements of this Agreement that has been designated, or deemed to be, “Private Information” in accordance with Section 8.6. in accordance with its customary procedure for handling confidential information of this nature and in accordance with safe and sound banking practices but in any event may make disclosure: (a) to any of their employees, any of their respective affiliates, and any of their affiliates’ respective employees (provided any such Person shall agree to keep such information confidential in accordance with the terms of this Section); (b) as reasonably requested by any bona fide Assignee, Participant or other transferee in connection with the contemplated transfer of any Commitment or participations therein as permitted hereunder (provided they shall agree to keep such information confidential in accordance with the terms of this Section or on substantially similar terms); (c) as required or requested by any Governmental Authority or representative thereof or pursuant to legal process or in connection with any legal proceedings; (d) to the Administrative Agent’s, Issuing Bank’s or such Lender’s respective independent auditors and other professional advisors (provided they shall be notified of the confidential nature of the information and are either subject to customary confidentiality obligations of professional practice or who agree to keep such information confidential in accordance with the terms of this Section or on substantially similar terms); (e) if an Event of Default exists, to any other Person, in connection with the exercise by the Administrative Agent, the Issuing Bank or the Lenders of rights hereunder or under any of the other Loan Documents (or any Specified Derivatives Contract); (f) upon the Borrower’s prior consent (which consent shall not be unreasonably withheld), to any

contractual counterparties to any swap or similar hedging agreement or any rating agency; (g) to the extent such information (x) becomes publicly available other than as a result of a breach of this Section or (y) becomes available to the Administrative Agent, the Issuing Bank or any Lender on a nonconfidential basis from a source other than the Borrower or any Affiliate; (h) to bank trade publications, such information to consist of deal terms and other information customarily found in such publications. Notwithstanding the foregoing, the Administrative Agent and each Lender may disclose any such confidential information, without notice to the Borrower or any other Loan Party, to Governmental Authorities in connection with any regulatory examination of the Administrative Agent or such Lender or in accordance with the regulatory compliance policy of the Administrative Agent or such Lender. Further, notwithstanding anything to the contrary set forth herein or in any other written or oral understanding or agreement to which the parties hereto are parties or by which they are bound, the parties hereto acknowledge and agree that (i) any obligations of confidentiality contained herein and therein do not apply and have not applied from the commencement of discussions between the parties to the tax treatment and tax structure of the transactions contemplated by the Loan Documents (and any related transactions or arrangements), and (ii) each party (and each of its employees, representatives, or other agents) may disclose to any and all Persons, without limitation of any kind, the tax treatment and tax structure of the transactions contemplated by the Loan Documents and all materials of any kind (including opinions or other tax analyses) that are provided to such party relating to such tax treatment and tax structure, all within the meaning of Treasury Regulations Section 1.6011-4; provided, however, that with respect to any document or similar item that in either case contains information concerning the tax treatment or tax structure of the transactions contemplated by the Loan Documents as well as other information, this sentence shall only apply to such portions of the document or similar item that relate to the tax treatment or tax structure of the transactions contemplated by the Loan Documents; provided, further, however, to the extent not inconsistent with the immediately preceding clause (ii), the parties hereto do not intend anything contained in this sentence to be a waiver of the privilege each has to maintain, in its sole discretion, the confidentiality of a communication with its attorney or a confidential communication with a federally authorized tax practitioner under Section 7525 of the Internal Revenue Code relating to the transactions contemplated by the Loan Documents.

Section 12.10. Indemnification.

(a)    The Borrower shall and hereby agrees to indemnify, defend and hold harmless the Administrative Agent, each of the Lenders and the Issuing Bank, any affiliate of the Administrative Agent, each of the Lenders and the Issuing Bank, and their respective directors, officers, shareholders, agents, employees and counsel (each referred to herein as an “Indemnified Party”) from and against any and all of the following (collectively, the “Indemnified Costs”): losses, costs, claims, damages, liabilities, deficiencies, judgments or expenses of every kind and nature (including, without limitation, amounts paid in settlement, court costs and the reasonable fees and disbursements of counsel incurred in connection with any litigation, investigation, claim or proceeding or any advice rendered in connection therewith, but excluding losses, costs, claims, damages, liabilities, deficiencies, judgments or expenses indemnification in respect of which is specifically covered by Section 3.11. or 4.1. or expressly excluded from the coverage of such Sections) incurred by an Indemnified Party in connection with, arising out of, or by reason of, any suit, cause of action, claim, arbitration, investigation or settlement, consent decree or other proceeding (the foregoing referred to herein as an “Indemnity Proceeding”) which is in any way related directly or indirectly to: (i) this Agreement or any other Loan Document or the transactions contemplated thereby; (ii) the making of any Loans or issuance of Letters of Credit hereunder; (iii) any actual or proposed use by the Borrower of the proceeds of the Loans or Letters of Credit; (iv) the Administrative Agent’s, the Issuing Bank’s or any Lender’s entering into this Agreement; (v) the fact that the Administrative Agent, the Issuing Bank and the Lenders have established the credit facility evidenced hereby in favor of the Borrower; (vi) the fact that the Administrative Agent, the Issuing Bank and the Lenders are creditors of the Borrower and have or are alleged to have information regarding the financial condition, strategic plans or business operations of the Borrower and the Subsidiaries; (vii) the fact that the Administrative Agent, the Issuing Bank and the

Lenders are material creditors of the Borrower and are alleged to influence directly or indirectly the business decisions or affairs of the Borrower and the Subsidiaries or their financial condition; (viii) the exercise of any right or remedy the Administrative Agent, the Issuing Bank or the Lenders may have under this Agreement or the other Loan Documents; provided, however, that the Borrower shall not be obligated to indemnify any Indemnified Party for any acts or omissions of such Indemnified Party in connection with matters described in this clause (viii) that constitute gross negligence or willful misconduct of such Indemnified Party, as determined by a court of competent jurisdiction in a final, non-appealable judgment; (ix) any civil penalty or fine assessed by OFAC against, and all reasonable costs and expenses (including counsel fees and disbursements) inclurred in connection with the defense thereof by, the Administrative Agent, the Issuing Bank or any Lender as a result of conduct of the Borrower, any other Loan Party or any Subsidiary that violate a sanction enforced by OFAC; (x) any violation or non-compliance by the Borrower or any Subsidiary of any Applicable Law (including any Environmental Law) including, but not limited to, any Indemnity Proceeding commenced by (A) the Internal Revenue Service or state taxing authority or (B) any Governmental Authority or other Person under any Environmental Law, including any Indemnity Proceeding commenced by a Governmental Authority or other Person seeking remedial or other action to cause the Borrower or its Subsidiaries (or its respective properties) (or the Administrative Agent and/or the Lenders and/or the Issuing Bank as successors to the Borrower) to be in compliance with such Environmental Laws.

(b)    The Borrower’s indemnification obligations under this Section shall apply to all Indemnity Proceedings arising out of, or related to, the foregoing whether or not an Indemnified Party is a named party in such Indemnity Proceeding. In this connection, this indemnification shall cover all Indemnified Costs of any Indemnified Party in connection with any deposition of any Indemnified Party or compliance with any subpoena (including any subpoena requesting the production of documents). This indemnification shall, among other things, apply to any Indemnity Proceeding commenced by other creditors of the Borrower or any Subsidiary, any shareholder of the Borrower or any Subsidiary (whether such shareholder(s) are prosecuting such Indemnity Proceeding in their individual capacity or derivatively on behalf of the Borrower), any account debtor of the Borrower or any Subsidiary or by any Governmental Authority. If indemnification is to be sought hereunder by an Indemnified Party, then such Indemnified Party shall notify the Borrower of the commencement of any Indemnity Proceeding; provided, however, that the failure to so notify the Borrower shall not relieve the Borrower from any liability that it may have to such Indemnified Party pursuant to this Section 12.10.

(c)    This indemnification shall apply to any Indemnity Proceeding arising during the pendency of any bankruptcy proceeding filed by or against the Borrower and/or any Subsidiary.

(d)    All out-of-pocket fees and expenses of, and all amounts paid to third-persons by, an Indemnified Party shall be advanced by the Borrower at the request of such Indemnified Party notwithstanding any claim or assertion by the Borrower that such Indemnified Party is not entitled to indemnification hereunder upon receipt of an undertaking by such Indemnified Party that such Indemnified Party will reimburse the Borrower if it is actually and finally determined by a court of competent jurisdiction that such Indemnified Party is not so entitled to indemnification hereunder.

(e)    An Indemnified Party may conduct its own investigation and defense of, and may formulate its own strategy with respect to, any Indemnity Proceeding covered by this Section and, as provided above, all Indemnified Costs incurred by such Indemnified Party shall be reimbursed by the Borrower. No action taken by legal counsel chosen by an Indemnified Party in investigating or defending against any such Indemnity Proceeding shall vitiate or in any way impair the obligations and duties of the Borrower hereunder to indemnify and hold harmless each such Indemnified Party; provided, however, that (i) if the Borrower is required to indemnify an Indemnified Party pursuant hereto and (ii) the Borrower has provided evidence reasonably satisfactory to such Indemnified Party that the Borrower has the financial

wherewithal to reimburse such Indemnified Party for any amount paid by such Indemnified Party with respect to such Indemnity Proceeding, such Indemnified Party shall not settle or compromise any such Indemnity Proceeding without the prior written consent of the Borrower (which consent shall not be unreasonably withheld or delayed).

(f)    If and to the extent that the obligations of the Borrower hereunder are unenforceable for any reason, the Borrower hereby agrees to make the maximum contribution to the payment and satisfaction of such obligations which is permissible under Applicable Law.

(g)    The Borrower’s obligations hereunder shall survive any termination of this Agreement and the other Loan Documents and the payment in full in cash of the Obligations, and are in addition to, and not in substitution of, any of the other obligations set forth in this Agreement or any other Loan Document to which it is a party.

References in this Section 12.10. to “Lender” or “Lenders” shall be deemed to include such Persons (and their Affiliates) in their capacity as Specified Derivatives Providers.

Section 12.11. Termination; Survival.

At such time as (a) all of the Commitments have been terminated, (b) all Letters of Credit have terminated (c) none of the Lenders is obligated any longer under this Agreement to make any Loans and (d) all Obligations (other than obligations which survive as provided in the following sentence) have been paid and satisfied in full, this Agreement shall terminate. The indemnities to which the Administrative Agent, the Issuing Bank and the Lenders are entitled under the provisions of Sections 3.11., 4.1., 4.4., 11.7., 12.2. and 12.10. and any other provision of this Agreement and the other Loan Documents, and the provisions of Section 12.5., shall continue in full force and effect and shall protect the Administrative Agent, the Issuing Bank and the Lenders (i) notwithstanding any termination of this Agreement, or of the other Loan Documents, against events arising after such termination as well as before and (ii) at all times after any such party ceases to be a party to this Agreement with respect to all matters and events existing on or prior to the date such party ceased to be a party to this Agreement.

Section 12.12. Severability of Provisions.

If any provision under this Agreement or the other Loan Documents shall be determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severed from the Loan Documents, and the validity, legality and enforceability of the remaining provisions shall remain in full force as thought the invalid, illegal, or unenforceable provision had never been part of the Loan Documents.

Section 12.13. GOVERNING LAW.

THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

Section 12.14. Counterparts.

To facilitate execution, this Agreement and any amendments, waivers, consents or supplements may be executed in any number of counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single document. It shall

not be necessary in making proof of this document to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of , each of the parties hereto.

Section 12.15. Obligations with Respect to Loan Parties.

The obligations of the Borrower to direct or prohibit the taking of certain actions by the other Loan Parties as specified herein shall be absolute and not subject to any defense the Borrower may have that the Borrower does not control such Loan Parties.

Section 12.16. Independence of Covenants.

All covenants hereunder shall be given in any jurisdiction independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or be otherwise within the limitations of, another covenant shall not avoid the occurrence of a Default or an Event of Default if such action is taken or condition exists.

Section 12.17. Limitation of Liability.

None of the Administrative Agent, the Issuing Bank or any Lender, or any affiliate, officer, director, employee, attorney, or agent of the Administrative Agent, the Issuing Bank or any Lender shall have any liability with respect to, and the Borrower hereby waives, releases, and agrees not to sue any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by the Borrower in connection with, arising out of, or in any way related to, this Agreement, any of the other Loan Documents or the Fee Letter, or any of the transactions contemplated by this Agreement or any of the other Loan Documents. The Borrower hereby waives, releases, and agrees not to sue the Administrative Agent, the Issuing Bank or any Lender or any of the Administrative Agent’s, the Issuing Bank’s or any Lender’s affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement, any of the other Loan Documents, the Fee Letter, or any of the transactions contemplated by this Agreement or financed hereby.

Section 12.18. Entire Agreement.

This Agreement, the Notes, the other Loan Documents and the Fee Letter embody the final, entire agreement among the parties hereto and supersede any and all prior commitments, agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof and thereof and may not be contradicted or varied by evidence of prior, contemporaneous, or subsequent oral agreements or discussions of the parties hereto. There are no oral agreements among the parties hereto.

Section 12.19. Construction.

The Administrative Agent, the Issuing Bank, the Borrower and each Lender acknowledge that each of them has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review this Agreement and the other Loan Documents with its legal counsel and that this Agreement and the other Loan Documents shall be construed as if jointly drafted by the Administrative Agent, the Issuing Bank, the Borrower and each Lender.

Section 12.20. Headings.

The paragraph and section headings in this Agreement are provided for convenience of reference only and shall not affect its construction or interpretation.

Section 12.21. No Novation; Effect of Amendment and Restatement.

THE PARTIES HERETO HAVE ENTERED INTO THIS AGREEMENT SOLELY TO AMEND AND RESTATE THE TERMS OF THE EXISTING CREDIT AGREEMENT. THE PARTIES DO NOT INTEND THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY TO BE, AND THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL NOT BE CONSTRUED TO BE, A NOVATION OF ANY OF THE OBLIGATIONS OWING BY THE BORROWER UNDER OR IN CONNECTION WITH THE EXISTING CREDIT AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS (AS DEFINED IN THE EXISTING CREDIT AGREEMENT). The amendment and restatement of the Existing Credit Agreement effected by this Agreement shall be effective as of the Effective Date and shall have prospective effect only.

Section 12.22. Acknowledgement and Consent to Bail-In of Affected Financial Institutions.

Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any Affected Financial Institution arising under any Loan Document, to the extent such liability is unsecured, may be subject to the Write-Down and Conversion Powers of the applicable Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:

(a)    the application of any Write-Down and Conversion Powers by the applicable Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an Affected Financial Institution; and

(b)    the effects of any Bail-In Action on any such liability, including, if applicable:

(i)    a reduction in full or in part or cancellation of any such liability;

(ii)    a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such Affected Financial Institution, its parent undertaking, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or

(iii)    the variation of the terms of such liability in connection with the exercise of the Write-Down and Conversion Powers of the applicable Resolution Authority.

Section 12.23. Acknowledgement Regarding Any Supported QFCs.

To the extent that the Loan Documents provide support, through a guarantee or otherwise, for Derivatives Contracts or any other agreement or instrument that is a QFC (such support “QFC Credit Support” and each such QFC a “Supported QFC”), the parties acknowledge and agree as follows with respect to the resolution power of the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act and Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (together with the regulations promulgated thereunder, the “U.S. Special Resolution Regimes”) in respect of such Supported QFC and QFC Credit Support (with the provisions below applicable notwithstanding that the Loan Documents and any Supported QFC may in fact be stated to be governed by the laws of the State of New York and/or of the United States or any other state of the United States):

In the event a Covered Entity that is party to a Supported QFC (each, a “Covered Party”) becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer of such Supported QFC and

the benefit of such QFC Credit Support (and any interest and obligation in or under such Supported QFC and such QFC Credit Support, and any rights in property securing such Supported QFC or such QFC Credit Support) from such Covered Party will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if the Supported QFC and such QFC Credit Support (and any such interest, obligation and rights in property) were governed by the laws of the United States or a state of the United States. In the event a Covered Party or a BHC Act Affiliate of a Covered Party becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights under the Loan Documents that might otherwise apply to such Supported QFC or any QFC Credit Support that may be exercised against such Covered Party are permitted to be exercised to no greater extent than such Default Rights could be exercised under the U.S. Special Resolution Regime if the Supported QFC and the Loan Documents were governed by the laws of the United States or a state of the United States. Without limitation of the foregoing, it is understood and agreed that rights and remedies of the parties with respect to a Defaulting Lender shall in no event affect the rights of any Covered Party with respect to a Supported QFC or any QFC Credit Support.

As used in this Section 12.23., the following terms have the following meanings:

“BHC Act Affiliate” of a party means an “affiliate” (as such term is defined under, and interpreted in accordance with, 12 U.S.C. 1841(k)) of such party.

“Covered Entity” means any of the following:

(i)    a “covered entity” as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 252.82(b);

(ii)    a “covered bank” as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 47.3(b); or

(iii)    a “covered FSI” as that term is defined in, and interpreted in accordance with, 12 C.F.R. § 382.2(b).

“Default Right” has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.

“QFC” has the meaning assigned to the term “qualified financial contract” in, and shall be interpreted in accordance with, 12 U.S.C. 5390(c)(8)(D).

[Signatures on Following Pages]

IN WITNESS WHEREOF, the parties hereto have caused this Second Amended and Restated Credit Agreement to be executed by their authorized officers all as of the day and year first above written.

BORROWER:

NATIONAL RETAIL PROPERTIES, INC.

By:_/s/ Kevin B. Habicht

Name: Kevin B. Habicht

Title: Executive Vice President and Chief

Financial Officer

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, Issuing Bank and as a Lender

By: /s/ Matthew Kuhn

Name: Matthew Kuhn

Title: Director

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

BANK OF AMERICA, N.A., as a Lender

By: /s/ Helen W. Chan

Name: Helen W. Chan

Title: Vice President

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

TRUIST BANK, as a Lender

By: /s/ Ryan Almond

Name: Ryan Almond

Title: Director

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

PNC BANK, NATIONAL ASSOCIATION, as a Lender

By: /s/ Andrew T. White

Name: Andrew T. White

Title: Senior Vice President

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

U.S. BANK NATIONAL ASSOCIATION, as a Lender

By: /s/ Lori Y. Jensen

Name: Lori Y. Jensen

Title: Senior Vice President

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

ROYAL BANK OF CANADA, as a Lender

By: /s/ Brian Gross

Name: Brian Gross

Title: Authorized Signatory

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

CITIBANK, N.A., as a Lender

By: /s/ Tina Lin

Name: Tina Lin

Title: Vice President

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

MORGAN STANLEY BANK, N.A., as a Lender

By: /s/ Michael King

Name: Michael King

Title: Authorized Signatory

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

TD BANK, N.A., as a Lender

By: /s/ Jessica Trombly

Name: Jessica Trombly

Title: Vice President

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

CAPITAL ONE, NATIONAL ASSOCIATION, as a Lender

By: /s/ Jessica W. Phillips

Name: Jessica W. Phillips

Title: Authorized Signatory

[Signatures Continued on Next Page]

Signature Page to Second Amended and Restated Credit Agreement dated as of

June 23, 2021 with National Retail Properties

RAYMOND JAMES BANK, as a Lender

By: /s/ Matt Stein

Name: Matt Stein

Title: Senior Vice President

SCHEDULE I

Commitments

Lender Commitment
Wells Fargo Bank, National Association $135,000,000
Bank of America, N.A. $135,000,000
Truist Bank $115,000,000
PNC Bank, National Association $115,000,000
U.S. Bank National Association $115,000,000
Royal Bank of Canada $115,000,000
Citibank, N.A. $90,000,000
Morgan Stanley Bank, N.A. $90,000,000
TD Bank, N.A. $90,000,000
Capital One, National Association $50,000,000
Raymond James Bank $50,000,000
Total: $1,100,000,000

SCHEDULE 1.1.(A)

Existing Letters of Credit

None.

SCHEDULE 1.1.(B)

List of Loan Parties

1.NATIONAL RETAIL PROPERTIES, INC., a corporation formed under the laws of the State of Maryland

SCHEDULE 6.1.(b)

Ownership Structure

[See attached.]

National Retail Properties, Inc.
Schedule 6.1.(b) - Ownership Structure / Entity Listing
Entity Name Jurisdiction Entity Type
National Retail Properties, Inc. Maryland Corp
Subsidiaries
CCMH V, LLC Delaware LLC
CNL Commercial Mortgage Funding, Inc. Delaware Corp
Gator Pearson, LLC Delaware LLC
National Retail Properties Trust Maryland Corp
National Retail Properties, LP Delaware LP
Net Lease Funding, Inc. Maryland Corp
Net Lease Realty I, Inc. Maryland Corp
NNN - NatGro LLC Delaware LLC
NNN Athletic I LLC Delaware LLC
NNN Brokerage Services, Inc. Maryland Corp
NNN CA Auto Svc LLC Delaware LLC
NNN GP Corp. Delaware Corp
NNN PBY LLC Delaware LLC
NNN TRS, Inc. Maryland Corp
Orange Avenue Mortgage Investments, Inc. Delaware Corp

SCHEDULE 6.1.(f)

Properties

[See attached.]

National Retail Properties, Inc.
Schedule 6.1.(f) and 6.1.(x) Property List
March 31, 2021

**Encumbered Properties. Properties are unencumbered unless noted.

Multi-Tenant ** Property City State
1 Golden Corral Lake Placid FL
2 BankUnited Orlando FL
3 Rallys Toledo OH
4 KFC Fenton MO
5 Wawa Clearwater FL
6 Motor Trend Orlando FL
7 Dollar General San Antonio TX
8 OfficeMax Cincinnati OH
9 Barnes & Noble Brandon FL
10 Barnes & Noble Glendale CO
11 Multi Books-A-Million Newark DE
Multi Robbins Diamonds Newark DE
12 University of Phoenix Glen Allen VA
13 Vacant Property Evanston IL
14 Multi HomeGoods Fairfax VA
Multi Michaels Fairfax VA
Multi Premium Spas & Billiards Fairfax VA
15 Barnes & Noble Freehold NJ
16 Chapel Hill Package Store Douglasville GA
17 CVS Lafayette LA
18 Multi PDQ Altamonte Springs FL
Multi Walgreens Altamonte Springs FL
19 Vacant Property Anchorage AK
20 Vacant Property Midwest City OK
21 American Freight Glen Allen VA
22 Books-A-Million Bangor ME
23 Aldi Cutler Bay FL
24 Havertys Furniture Pensacola FL
25 Dick's Sporting Goods Taylor MI
26 Dick's Sporting Goods White Marsh MD
Multi-Tenant ** Property City State
--- --- --- --- --- ---
27 Vacant Property Memphis TN
28 OfficeMax Salinas CA
29 Dollar Tree Homestead PA
30 Riser Foods Maple Heights OH
31 Burlington Coat Factory Lacey WA
32 Barnes & Noble Dayton OH
33 CVS Warr Acres OK
34 CVS Oklahoma City OK
35 Vacant Property Conyers GA
36 Walgreens Conyers GA
37 Barnes & Noble Redding CA
38 Vacant Property Redding CA
39 Best Buy Cuyahoga Falls OH
40 Vacant Property Sanford FL
41 Best Buy Rockville MD
42 Best Buy Fairfax VA
43 Barnes & Noble Memphis TN
44 The Tile Shop Scarsdale NY
45 Ollie's Bargain Outlet Sarasota FL
46 Multi Bealls Sarasota FL
Multi Tile Outlets of America Sarasota FL
47 Michaels Altamonte Springs FL
48 Ashley Furniture Altamonte Springs FL
49 Vacant Land Kelso WA
50 CVS Leavenworth KS
51 Family Dollar Riverdale GA
52 Havertys Furniture Bowie MD
53 Petco Grand Forks ND
54 KARM Home Store Knoxville TN
55 Wendy's Sacramento CA
56 Vacant Property Lynchburg VA
57 CSL Plasma Warner Robins GA
58 Best Buy North Fayette PA
59 Harbor Freight Tools Federal Way WA
60 Multi AT&T Cincinnati OH
Multi Vitamin Shoppe, The Cincinnati OH
61 Publix Super Markets Tampa FL
62 LA Fitness Little Rock AR
63 7-Eleven Tampa FL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
64 Michaels Plymouth Meeting PA
65 Barnes & Noble Marlton NJ
66 Big Lots Dover NJ
67 The Shedd Rent It All Tigard OR
68 Ace Hardware and Lighting Bourbonnais IL
69 OfficeMax Griffin GA
70 Cardenas Markets Palo Alto CA
71 Southern Cove Outfitters Valdosta GA
72 Rite Aid West Mifflin PA
73 Winn-Dixie Seffner FL
74 Fresh Market Gainesville FL
75 LA Fitness Sarasota FL
76 Ross Dress for Less Lodi CA
77 CVS Gladstone MO
78 Value City Furniture White Marsh MD
79 Rite Aid Thorndale PA
80 Rite Aid Kennett Square PA
81 Int'l House of Pancakes Midwest City OK
82 Lowe's Memphis TN
83 Rite Aid Norfolk VA
84 Best Buy Denver CO
85 Applebee's Ballwin MO
86 Arby's Colorado Springs CO
87 Arby's Thomson GA
88 Arby's Whitmore Lake MI
89 Arby's Washington Courthouse OH
90 C&C Gymnastics Augusta GA
91 Season's 52 Schaumburg IL
92 TitleMax Mobile AL
93 American Family Care Mobile AL
94 BMW Duluth GA
95 Multi Currito Burritos Without Borders Geneva IL
Multi TitleMax Geneva IL
96 Wendy's Orland Park IL
97 Boston Market Novi MI
98 Dickey's Barbeque Pit Medina OH
99 Boston Market North Olmsted OH
100 WellNow Urgent Care Warren OH
101 Vacant Property Alpharetta GA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
102 Krispy Kreme Tempe AZ
103 Claim Jumper Roseville CA
104 China Garden Tucson AZ
105 Golden Corral Brandon FL
106 Vacant Property Temple Terrace FL
107 The Snooty Fox Cincinnati OH
108 Hooters Tampa FL
109 Keg Steakhouse Lynnwood WA
110 KFC Marysville WA
111 Carvers Centerville OH
112 Pizza Hut Monroeville AL
113 Popeye's Snellville GA
114 Dollar General Mobile AL
115 Walgreens Orange Beach AL
116 Schlotzsky's Deli Phoenix AZ
117 Taco Bell Phoenix AZ
118 Schlotzsky's Deli Scottsdale AZ
119 Muchas Gracias Mexican Restaurant Salem OR
120 Carl's Jr. Spokane WA
121 Mid-South Bells (Taco Bell) Ocala FL
122 Texas Roadhouse Grand Junction CO
123 LoanMax Bridgeview IL
124 Multi Great Clips Swansea IL
Multi H&R Block Swansea IL
Multi Vogue Nails & Spa Swansea IL
Multi Ruby's Place Swansea IL
125 Buffalo Wild Wings Michigan City IN
126 Whataburger Albuquerque NM
127 Jared Jewelers Lithonia GA
128 Jared Jewelers Brandon FL
129 Hy-Vee St. Joseph MO
130 Crest Furniture Iselin NJ
131 Multi Ashley Furniture Florissant MO
Multi Chipotle Florissant MO
Multi Five Below Florissant MO
Multi Michaels Florissant MO
Multi Panda Express Florissant MO
Multi Petco Florissant MO
Multi ULTA Salon, Cosmetics and Fragrance Florissant MO
Multi-Tenant ** Property City State
--- --- --- --- --- ---
132 Amoco Miami FL
133 Auto Solution Albuquerque NM
134 Old Navy Midland MI
135 Humana Sunrise FL
136 Batteries Plus Bulbs Sunrise FL
137 Kohl's Florence AL
138 Multi Mattress Firm Buford GA
Multi Vitality Veterinary Buford GA
Multi Salons by JC Buford GA
139 The Tile Shop Buford GA
140 Stone Mountain Chevrolet Lilburn GA
141 Dollar General Albany NY
142 Family Dollar Hudson Falls NY
143 Walgreens Saratoga Springs NY
144 Fort Ticonderoga Ticonderoga NY
145 Furniture Bank Columbus OH
146 Multi Harbor Freight Tools Gastonia NC
Multi Office Depot Gastonia NC
147 United Rentals Littleton CO
148 United Rentals Clearwater FL
149 United Rentals Fort Collins CO
150 United Rentals Oklahoma City OK
151 United Rentals Perrysburg OH
152 Advance Auto Parts Miami FL
153 Academy Franklin TN
154 Big Lots Florence AL
155 Pull-A-Part Nashville TN
156 Pull-A-Part Knoxville TN
157 Logan's Roadhouse Jackson TN
158 Logan's Roadhouse Cookeville TN
159 Logan's Roadhouse Smyrna TN
160 Miller's Ale House Franklin TN
161 Circle K (Kangaroo Express) Clarksville TN
162 Circle K (Kangaroo Express) Clarksville TN
163 Circle K (Kangaroo Express) Gallatin TN
164 Goodyear Truck & Tire Dandridge TN
165 Pull-A-Part Memphis TN
166 Pep Boys Houston TX
167 TitleMax Memphis TN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
168 TitleMax Pulaski TN
169 TitleMax Nashville TN
170 TitleMax Lewisburg TN
171 TitleMax Memphis TN
172 TitleMax Nashville TN
173 Goodyear Truck & Tire Lebanon TN
174 Express Oil Change Cordova TN
175 Express Oil Change Lakeland TN
176 Express Oil Change Memphis TN
177 Advance Auto Parts Madison TN
178 CarQuest Memphis TN
179 Advance Auto Parts Bartlett TN
180 Logan's Roadhouse Nashville TN
181 ISD Renal Kendallville IN
182 ISD Renal Memphis TN
183 ISD Renal Memphis TN
184 ISD Renal Corpus Christi TX
185 Camping World La Mirada CA
186 Camping World Valencia CA
187 Camping World Kissimmee FL
188 Camping World Nashville TN
189 Camping World Calera AL
190 Logan's Roadhouse Lebanon TN
191 Camping World Cocoa FL
192 Vacant Property Knoxville TN
193 Express Oil Change Chattanooga TN
194 Express Oil Change Chattanooga TN
195 Express Oil Change Chattanooga TN
196 Express Oil Change Cleveland TN
197 American Family Care Alcoa TN
198 American Family Care Nashville TN
199 SunTrust Chattanooga TN
200 SunTrust Chattanooga TN
201 SunTrust Lake City TN
202 SunTrust Murfreesboro TN
203 SunTrust Nashville TN
204 SunTrust Nashville TN
205 American Family Care Mt. Juliet TN
206 American Family Care Chattanooga TN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
207 American Family Care Hendersonville TN
208 Staples Memphis TN
209 American Family Care Spring Hill TN
210 Chuck E. Cheese's Antioch TN
211 American Family Care Knoxville TN
212 Hardee's Savannah TN
213 Vacant Property Greeneville TN
214 Wendy's Alcoa TN
215 Speedy Cash Knoxville TN
216 Express Oil Change Fayetteville TN
217 Floor & Decor Knoxville TN
218 Arby's Gordonsville TN
219 Main Event Memphis TN
220 Captain D's Hermitage TN
221 CSL Plasma Homestead PA
222 AutoZone Homestead PA
223 LA Fitness Cordova TN
224 Main Event Knoxville TN
225 Roadrunner Markets Bristol TN
226 Roadrunner Markets Jonesborough TN
227 Roadrunner Markets Johnson City TN
228 Roadrunner Markets Johnson City TN
229 Roadrunner Markets Kingsport TN
230 Roadrunner Markets Johnson City TN
231 Roadrunner Markets Kingsport TN
232 Roadrunner Markets Johnson City TN
233 Roadrunner Markets Bristol TN
234 Roadrunner Markets Gray TN
235 Roadrunner Markets Blountville TN
236 Roadrunner Markets Hampton TN
237 Roadrunner Markets Jonesborough TN
238 Roadrunner Markets Jonesborough TN
239 Roadrunner Markets Kingsport TN
240 Roadrunner Markets Greeneville TN
241 Roadrunner Markets Johnson City TN
242 Roadrunner Markets Johnson City TN
243 Roadrunner Markets Johnson City TN
244 Roadrunner Markets Kingsport TN
245 Roadrunner Markets Johnson City TN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
246 Roadrunner Markets Erwin TN
247 Roadrunner Markets Elizabethton TN
248 Roadrunner Markets Johnson City TN
249 Roadrunner Markets Johnson City TN
250 Roadrunner Markets Kingsport TN
251 Roadrunner Markets Kingsport TN
252 Roadrunner Markets Bluff City TN
253 Roadrunner Markets Erwin TN
254 Roadrunner Markets Kingsport TN
255 Roadrunner Markets Kingsport TN
256 Roadrunner Markets Johnson City TN
257 Roadrunner Markets Piney Flats TN
258 Roadrunner Markets Elizabethton TN
259 Roadrunner Markets Kingsport TN
260 Roadrunner Markets Kingsport TN
261 Roadrunner Markets Kingsport TN
262 Roadrunner Markets Kingsport TN
263 Roadrunner Markets Kingsport TN
264 Roadrunner Markets Morristown TN
265 Roadrunner Markets Morristown TN
266 Roadrunner Markets Morristown TN
267 Roadrunner Markets Blountville TN
268 Cheddar's Cafe Knoxville TN
269 Cheddar's Cafe Cordova TN
270 Sonic Newport TN
271 Sonic Greeneville TN
272 Sonic Johnson City TN
273 Sonic Knoxville TN
274 Sonic Sevierville TN
275 Sonic Bristol TN
276 Sonic Morristown TN
277 Sonic Rogersville TN
278 Sonic Kingsport TN
279 Sonic Dandridge TN
280 Sonic Morristown TN
281 Cheddar's Cafe Alcoa TN
282 Mister Car Wash Madison TN
283 Harbor Freight Tools Morristown TN
284 Express Oil Change Murfreesboro TN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
285 Express Oil Change Murfreesboro TN
286 Express Oil Change Murfreesboro TN
287 Express Oil Change Nashville TN
288 Express Oil Change Spring Hill TN
289 Express Oil Change Hendersonville TN
290 Sonic Chattanooga TN
291 Sonic Chattanooga TN
292 Sonic Chattanooga TN
293 Sonic Chattanooga TN
294 Ollie's Bargain Outlet Memphis TN
295 Express Oil Change Gallatin TN
296 Caliber Collision Arlington TN
297 Caliber Collision Jackson TN
298 Best Buy Brandon FL
299 CVS Oklahoma City OK
300 PetSmart Chicago IL
301 Walgreens Arlington VA
302 Amoco Sunrise FL
303 Cinemark Cincinnati OH
304 Cinemark Marina CA
305 Captain D's Easley SC
306 Global Bridgeport CT
307 Global Manchester CT
308 Global Middleton MA
309 Global Augusta ME
310 Global Waterville ME
311 Global North Easton MA
312 Global Gardner MA
313 Global Saugus MA
314 Global Townsend MA
315 Global Westford MA
316 Global Portland ME
317 Global Scarborough ME
318 Global York ME
319 Global Dover NH
320 Global Epping NH
321 Global Exeter NH
322 Global Fitzwilliam NH
323 Global Warwick RI
Multi-Tenant ** Property City State
--- --- --- --- --- ---
324 Global Westerly RI
325 Global Hanover MA
326 Global Milford MA
327 Global Tewksbury MA
328 Global Waltham MA
329 Global Weymouth MA
330 Global Bedford NH
331 Global Derry NH
332 Global Nashua NH
333 Global Johnston RI
334 Global Westerly RI
335 Global Wyoming RI
336 Ross Dress for Less Coral Gables FL
337 Home Depot Sunrise FL
338 Walgreens Sunrise FL
339 Multi Best Buy Big Flats NY
Multi Dollar Plus Big Flats NY
Multi Five Guys Burgers and Fries Big Flats NY
Multi Mi Nails Big Flats NY
Multi Panera Bread Big Flats NY
Multi Papa John's Big Flats NY
Multi Vitamin Shoppe, The Big Flats NY
Multi Wild Birds Unlimited Big Flats NY
Multi Schweiger Dermatology Group Big Flats NY
Multi Maurices Big Flats NY
340 Circle K (Lil' Champ) Jacksonville FL
341 Multi Firehouse Subs Midland MI
Multi InLine Vape Midland MI
Multi Starbucks Midland MI
Multi Sprint PCS Midland MI
Multi SVS Vision Optical Centers Midland MI
Multi SuperCuts Midland MI
342 Kwik Pik Bradford PA
343 Superior Petroleum Midway PA
344 Clairton Mini Mart Clairton PA
345 Fuel-On Houtzdale PA
346 Kwik Pik Port Royal PA
347 Circle K (Kangaroo Express) Naples FL
348 Circle K (Kangaroo Express) Naples FL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
349 Pep Boys Reading PA
350 Tutor Time Elk Grove CA
351 Mattress Firm Lancaster OH
352 Raising Cane's Lancaster OH
353 Dollar General Suffolk VA
354 Chuy's Cincinnati OH
355 Gerber Collision Woodstock GA
356 Gerber Collision Roswell GA
357 Hobby Lobby Beavercreek OH
358 Sparkling Image Bakersfield CA
359 Sparkling Image Bakersfield CA
360 Vacant Land Bakersfield CA
361 Sparkling Image Ventura CA
362 Sparkling Image Ventura CA
363 Sparkling Image San Fernando CA
364 Sparkling Image Bakersfield CA
365 Sparkling Image Bakersfield CA
366 Sparkling Image Bakersfield CA
367 Sparkling Image Bakersfield CA
368 Pep Boys Guayama PR
369 Vacant Land Hadley MA
370 Life Time Fitness Mt. Laurel NJ
371 Jo-Ann etc Corpus Christi TX
372 Multi FX Video Game Exchange Corpus Christi TX
Multi Spec's Liquor and Fine Foods Corpus Christi TX
373 Dollar Tree Garland TX
374 Barnes & Noble Plantation FL
375 CVS Pantego TX
376 Best Buy St Petersburg FL
377 Murphy Oil Arlington TX
378 CVS Lewisville TX
379 CVS Forest Hill TX
380 Bed Bath & Beyond Glen Allen VA
381 CVS Garland TX
382 Chair King Grapevine TX
383 Food 4 Less National City CA
384 Dirt Cheap Nacogdoches TX
385 Famsa Harlingen TX
386 Bed Bath & Beyond Glendale AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
387 Spencer’s Air Conditioning & Appliance Glendale AZ
388 Multi Northern Tool Beaumont TX
Multi Urban Air Beaumont TX
389 Warehouse Shoe Sale Houston TX
390 Driscoll Children's Hospital Corpus Christi TX
391 Multi Goodwill Sealy TX
Multi Jin's Asian Cafe Sealy TX
Multi Vacant Property Sealy TX
Multi Vacant Property Sealy TX
392 CVS Dallas TX
393 First Cash Pawn Alice TX
394 PetSense Kingsville TX
395 Twin Peaks Beaumont TX
396 T-Mobile Lewisville TX
397 Vacant Property Lubbock TX
398 Brasao Brazilian Steak House Irving TX
399 Bombones Sports Bar Dallas TX
400 Denny's (Franchisee) Clifton CO
401 Jared Jewelers Oviedo FL
402 Jared Jewelers Lewisville TX
403 Jared Jewelers Richmond VA
404 Stop N Go Grand Prairie TX
405 TGI Friday's Corpus Christi TX
406 Jared Jewelers Houston TX
407 Multi Beautiful America Dry Cleaners Orlando FL
Multi BJ's Wholesale Club Orlando FL
Multi CORA Rehabilitation Clinics Orlando FL
Multi Just 4 Dogs Pet Salon Orlando FL
Multi Magic China Café Orlando FL
Multi Waterford Nails & Spa Orlando FL
408 Gander Outdoors Amarillo TX
409 United Rentals La Porte TX
410 United Rentals Plano TX
411 United Rentals Irving TX
412 United Rentals Cedar Park TX
413 Action Gypsum Supply Carrollton TX
414 United Rentals Fort Worth TX
415 United Rentals Fort Worth TX
416 Goodwill Fort Worth TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
417 Murphy Oil Fort Worth TX
418 Spec's Liquor and Fine Foods Coffee City TX
419 Ziebart Maplewood MN
420 Ziebart Middleburg Heights OH
421 NTB Tire and Service Centers Washington DC
422 NTB Tire and Service Centers Newport News VA
423 NTB Tire and Service Centers Hampton VA
424 NTB Tire and Service Centers Norfolk VA
425 NTB Tire and Service Centers Rockville MD
426 Ashley Furniture Louisville KY
427 Carl's Jr. Tucson AZ
428 Gate Petroleum Concord NC
429 Gate Petroleum Rocky Mount NC
430 Nebraskaland Tire Park City KS
431 Int'l House of Pancakes Ankeny IA
432 Jack in the Box Plano TX
433 Kum & Go Omaha NE
434 Perkins Restaurant Des Moines IA
435 Perkins Restaurant Des Moines IA
436 Perkins Restaurant Des Moines IA
437 Perkins Restaurant Newton IA
438 Perkins Restaurant Urbandale IA
439 QuikTrip Johnston IA
440 QuikTrip Clive IA
441 Blue Beacon Truck Wash Tulsa OK
442 Qwest Corporation Service Center Cedar Rapids IA
443 Walgreens Tulsa OK
444 Ajuua Mexican Restaurant Aurora CO
445 United Rentals Melbourne FL
446 TitleMax Dallas TX
447 Rite Care Pharmacy Dallas TX
448 Jo-Ann etc St. Peters MO
449 Circle K (Lil' Champ) Gainesville FL
450 Chili's Milledgeville GA
451 Chili's Camden SC
452 Savers Thrift Superstore Fairview Heights IL
453 Amscot Tampa FL
454 Multi Famous Footwear Lapeer MI
Multi Sally Beauty Supply Lapeer MI
Multi-Tenant ** Property City State
--- --- --- --- --- ---
Multi Vacant Property Lapeer MI
Multi ULTA Salon, Cosmetics and Fragrance Lapeer MI
455 Multi Continental Rental Lapeer MI
Multi Great Clips Lapeer MI
Multi Hear USA Lapeer MI
Multi JC Nails Salon Lapeer MI
Multi Doctors of Physical Therapy Lapeer MI
456 Guitar Center Roseville MN
457 Wherehouse Music Independence MO
458 Multi Fresenius Medical Care Houston TX
Multi Vacant Property Houston TX
459 Multi Vacant Property Ridgeland MS
Multi Vacant Property Ridgeland MS
460 Tony's Tires Montgomery AL
461 Amoco Deerfield Beach FL
462 7-Eleven (Susser/Stripes) Brownsville TX
463 7-Eleven (Susser/Stripes) Brownsville TX
464 7-Eleven (Susser/Stripes) Brownsville TX
465 7-Eleven (Susser/Stripes) Brownsville TX
466 7-Eleven (Susser/Stripes) Brownsville TX
467 7-Eleven (Susser/Stripes) Brownsville TX
468 7-Eleven (Susser/Stripes) Brownsville TX
469 7-Eleven (Susser/Stripes) Brownsville TX
470 7-Eleven (Susser/Stripes) Brownsville TX
471 7-Eleven (Susser/Stripes) Corpus Christi TX
472 7-Eleven (Susser/Stripes) Corpus Christi TX
473 7-Eleven (Susser/Stripes) Corpus Christi TX
474 7-Eleven (Susser/Stripes) Corpus Christi TX
475 7-Eleven (Susser/Stripes) Donna TX
476 7-Eleven (Susser/Stripes) Edinburg TX
477 7-Eleven (Susser/Stripes) Falfurias TX
478 7-Eleven (Susser/Stripes) Freer TX
479 7-Eleven (Susser/Stripes) George West TX
480 7-Eleven (Susser/Stripes) Harlingen TX
481 7-Eleven (Susser/Stripes) Harlingen TX
482 7-Eleven (Susser/Stripes) Harlingen TX
483 7-Eleven (Susser/Stripes) La Feria TX
484 7-Eleven (Susser/Stripes) Laredo TX
485 Stripes (Sunoco) Laredo TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
486 7-Eleven (Susser/Stripes) Laredo TX
487 7-Eleven (Susser/Stripes) Laredo TX
488 7-Eleven (Susser/Stripes) Laredo TX
489 7-Eleven (Susser/Stripes) Laredo TX
490 Stripes (Sunoco) Lawton OK
491 7-Eleven (Susser/Stripes) McAllen TX
492 7-Eleven (Susser/Stripes) Mission TX
493 7-Eleven (Susser/Stripes) Mission TX
494 7-Eleven (Susser/Stripes) Olmito TX
495 7-Eleven (Susser/Stripes) Pharr TX
496 7-Eleven (Susser/Stripes) Pharr TX
497 7-Eleven (Susser/Stripes) Pharr TX
498 7-Eleven (Susser/Stripes) Port Isabel TX
499 7-Eleven (Susser/Stripes) Portland TX
500 7-Eleven (Susser/Stripes) Progreso TX
501 7-Eleven (Susser/Stripes) Riviera TX
502 7-Eleven (Susser/Stripes) South Padre Island TX
503 7-Eleven (Susser/Stripes) San Benito TX
504 7-Eleven (Susser/Stripes) San Juan TX
505 Stripes (Sunoco) Wichita Falls TX
506 Stripes (Sunoco) Wichita Falls TX
507 Stripes (Sunoco) Wichita Falls TX
508 7-Eleven (Susser/Stripes) Brownsville TX
509 7-Eleven (Susser/Stripes) Brownsville TX
510 7-Eleven (Susser/Stripes) Corpus Christi TX
511 7-Eleven (Susser/Stripes) Edinburg TX
512 7-Eleven (Susser/Stripes) Los Indios TX
513 7-Eleven (Susser/Stripes) McAllen TX
514 7-Eleven (Susser/Stripes) San Benito TX
515 7-Eleven (Susser/Stripes) San Juan TX
516 Amscot Orlando FL
517 Amscot Orlando FL
518 Kwik Pik Newstead NY
519 Kwik Pik Canisteo NY
520 Empire Buffet Las Cruces NM
521 Amscot Orlando FL
522 Circle K (Lil' Champ) Ocala FL
523 Amscot Orlando FL
524 Bell Indiana (Taco Bell) Columbus IN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
525 Bell Indiana (Taco Bell) Terre Haute IN
526 Bell Indiana (Taco Bell) Indianapolis IN
527 Bell Indiana (Taco Bell) Speedway IN
528 Bell Indiana (Taco Bell) Terre Haute IN
529 Bell Indiana (Taco Bell) Vincennes IN
530 Bell Indiana (Taco Bell) Owensboro KY
531 Bell Indiana (Taco Bell) Columbus IN
532 Bell Indiana (Taco Bell) Evansville IN
533 Bell Indiana (Taco Bell) Shelbyville IN
534 Bell Indiana (Taco Bell) Greensburg IN
535 Bell Indiana (Taco Bell) Bedford IN
536 Bell Indiana (Taco Bell) Madisonville KY
537 Bell Indiana (Taco Bell) Fishers IN
538 Bell Indiana (Taco Bell) Evansville IN
539 Bell Indiana (Taco Bell) Evansville IN
540 Bell Indiana (Taco Bell) Indianapolis IN
541 Circle K (Shop-a-Snak) Bessemer AL
542 Circle K (Shop-a-Snak) Chelsea AL
543 Circle K (Shop-a-Snak) Jasper AL
544 Circle K (Shop-a-Snak) Hoover AL
545 Circle K (Shop-a-Snak) Birmingham AL
546 Circle K (Shop-a-Snak) Birmingham AL
547 Circle K (Shop-a-Snak) Birmingham AL
548 Circle K (Shop-a-Snak) Homewood AL
549 Circle K (Shop-a-Snak) Hoover AL
550 Circle K (Shop-a-Snak) Tuscaloosa AL
551 Circle K (Shop-a-Snak) Tuscaloosa AL
552 Circle K (Shop-a-Snak) Tuscaloosa AL
553 Circle K (Shop-a-Snak) Trussville AL
554 Circle K (Shop-a-Snak) Hoover AL
555 Road Ranger Rockford IL
556 Road Ranger Springfield IL
557 Road Ranger Dekalb IL
558 Road Ranger Cherry Valley IL
559 Road Ranger Decatur IL
560 Road Ranger Belvidere IL
561 Road Ranger Elk Run Heights IA
562 Road Ranger Springfield IL
563 Road Ranger Oakdale WI
Multi-Tenant ** Property City State
--- --- --- --- --- ---
564 Road Ranger Lake Station IN
565 Road Ranger Cottage Grove WI
566 Road Ranger Brazil IN
567 Road Ranger Mendota IL
568 Road Ranger Rockford IL
569 Pull-A-Part Augusta GA
570 Pull-A-Part Norcross GA
571 Pull-A-Part Conley GA
572 Pull-A-Part Birmingham AL
573 Pull-A-Part Charlotte NC
574 Pull-A-Part Louisville KY
575 Pull-A-Part Harvey LA
576 Pull-A-Part Lafayette LA
577 Pull-A-Part Cleveland OH
578 Circle K (Kangaroo Express) Carthage NC
579 Circle K (Kangaroo Express) West End NC
580 Circle K (Kangaroo Express) Siler City NC
581 Circle K (Kangaroo Express) Sanford NC
582 Circle K (Kangaroo Express) Sanford NC
583 Circle K (Kangaroo Express) Belleview FL
584 Circle K (Kangaroo Express) Jacksonville Beach FL
585 Circle K (Kangaroo Express) Jacksonville FL
586 Denny's (Franchisee) Little Rock AR
587 Denny's (Franchisee) Tucson AZ
588 Denny's (Franchisee) Campbell CA
589 Denny's (Franchisee) Carson CA
590 Denny's (Franchisee) Stockton CA
591 Quick Quack Car Wash Colorado Springs CO
592 Urban Tandoor, Indian Wine & Dine Colorado Springs CO
593 Denny's (Franchisee) Enfield CT
594 Denny's (Franchisee) Wethersfield CT
595 Multi Pollo Tropical Hialeah FL
Multi Taco Bell Hialeah FL
596 Denny's (Franchisee) Virginia Gardens FL
597 Denny's (Franchisee) Miami FL
598 Denny's (Franchisee) Boise ID
599 Denny's (Franchisee) Chubbuck ID
600 Denny's (Franchisee) Nampa ID
601 Denny's (Franchisee) Arlington Heights IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
602 Denny's (Franchisee) Collinsville IL
603 Denny's (Franchisee) Indianapolis IN
604 El Jalapeno Indianapolis IN
605 Denny's (Franchisee) Indianapolis IN
606 Denny's (Franchisee) Indianapolis IN
607 Denny's (Franchisee) Indianapolis IN
608 Denny's (Franchisee) Lafayette IN
609 Denny's (Co. Owned) Worcester MA
610 Denny's (Franchisee) Laurel MD
611 Denny's (Franchisee) Maplewood MN
612 Vacant Property Florissant MO
613 Denny's (Franchisee) Sunset Hills MO
614 Denny's (Franchisee) Kernersville NC
615 Denny's (Franchisee) Raleigh NC
616 Denny's (Franchisee) Omaha NE
617 Vacant Property Austintown OH
618 Vacant Property Boardman Township OH
619 Five Guys Burgers and Fries Middleburg Heights OH
620 Third Federal Savings Parma OH
621 Vacant Property Clackamas OR
622 Denny's (Franchisee) Amarillo TX
623 Denny's (Franchisee) Corpus Christi TX
624 Denny's (Franchisee) Dallas TX
625 Little Germany Restaurant Fort Worth TX
626 Denny's (Franchisee) Houston TX
627 Vacant Property North Richland Hills TX
628 Sweet Berries Cafe Sherman TX
629 Denny's (Franchisee) Sugarland TX
630 Denny's (Franchisee) Provo UT
631 Denny's (Franchisee) Alexandria VA
632 Denny's (Franchisee) Fairfax VA
633 Denny's (Franchisee) Chehalis WA
634 Denny's (Franchisee) Federal Way WA
635 Antojo Mexican Grill Lakewood WA
636 Amscot Clearwater FL
637 Circle K (Kangaroo Express) Destin FL
638 Circle K (Kangaroo Express) Niceville FL
639 7-Eleven (Susser/Stripes) Palmview TX
640 Circle K (Kangaroo Express) Kill Devil Hills NC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
641 Circle K (Kangaroo Express) Kill Devil Hills NC
642 Circle K (Kangaroo Express) Interlachen FL
643 Logan's Roadhouse Alexandria LA
644 Logan's Roadhouse Lake Charles LA
645 Logan's Roadhouse Roanoke VA
646 Saltgrass Steakhouse San Marcos TX
647 Vacant Property Greenwood IN
648 Logan's Roadhouse Beckley WV
649 Dave & Buster's Hilliard OH
650 Logan's Roadhouse Hurst TX
651 Yakiniku Korean and Japanese BBQ Southaven MS
652 Logan's Roadhouse McAllen TX
653 Pull-A-Part Montgomery AL
654 Circle K (Kangaroo Express) Midland City AL
655 Pull-A-Part Jackson MS
656 7-Eleven (Susser/Stripes) Rio Grande City TX
657 7-Eleven (Susser/Stripes) Zapata TX
658 7-Eleven (Susser/Stripes) San Juan TX
659 7-Eleven (Susser/Stripes) Harlingen TX
660 Circle K (Kangaroo Express) Naples FL
661 Healthy Pet Suwanee GA
662 Tamarind Restaurant Tucson AZ
663 Road Ranger Princeton IL
664 Road Ranger South Beloit IL
665 Road Ranger DeKalb IL
666 Road Ranger Hampshire IL
667 Road Ranger Champaign IL
668 Road Ranger Fenton MO
669 Mister Car Wash Spokane WA
670 Mister Car Wash Spokane WA
671 Mister Car Wash Edina MN
672 Mister Car Wash Roseville MN
673 Mister Car Wash West St Paul MN
674 Mister Car Wash Anoka MN
675 Mister Car Wash Eden Prairie MN
676 Mister Car Wash Brooklyn Park MN
677 Mister Car Wash Cottage Grove MN
678 Mister Car Wash St. Cloud MN
679 Mister Car Wash Plymouth MN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
680 Mister Car Wash Des Moines IA
681 Mister Car Wash Clive IA
682 Mister Car Wash Cedar Rapids IA
683 Mister Car Wash Des Moines IA
684 Mister Car Wash Houston TX
685 Mister Car Wash Houston TX
686 Mister Car Wash Houston TX
687 Mister Car Wash Houston TX
688 Mister Car Wash Houston TX
689 Mister Car Wash Houston TX
690 Mister Car Wash Houston TX
691 Mister Car Wash Humble TX
692 Mister Car Wash Houston TX
693 Mister Car Wash Sugarland TX
694 Pull-A-Part Baton Rouge LA
695 Circle K (Kangaroo Express) Columbiana AL
696 Healthy Pet Colonial Heights VA
697 Circle K (Kangaroo Express) Longs SC
698 Road Ranger Cedar Rapids IA
699 Road Ranger Marion IA
700 Circle K (Kangaroo Express) Kentwood LA
701 Ferguson Destin FL
702 Furr's Family Dining Moore OK
703 Circle K (Kangaroo Express) Dothan AL
704 Circle K (Petro Express) Charlotte NC
705 Circle K (Petro Express) Charlotte NC
706 Circle K (Petro Express) Charlotte NC
707 Circle K (Petro Express) Charlotte NC
708 Circle K (Petro Express) Charlotte NC
709 Circle K (Petro Express) Rock Hill SC
710 Circle K (Petro Express) Lincolnton NC
711 Circle K (Petro Express) Gastonia NC
712 Circle K (Petro Express) Charlotte NC
713 Circle K (Petro Express) Charlotte NC
714 Circle K (Petro Express) Charlotte NC
715 Circle K (Petro Express) Charlotte NC
716 Circle K (Petro Express) Fort Mill SC
717 Circle K (Petro Express) Charlotte NC
718 Circle K (Petro Express) Charlotte NC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
719 Circle K (Petro Express) Denver NC
720 Circle K (Petro Express) Statesville NC
721 Circle K (Petro Express) York SC
722 Circle K (Petro Express) Concord NC
723 Circle K (Petro Express) Rock Hill SC
724 Circle K (Petro Express) Belmont NC
725 Circle K (Petro Express) Hickory NC
726 Circle K (Petro Express) Concord NC
727 Circle K (Petro Express) Lake Wylie SC
728 Circle K (Petro Express) Charlotte NC
729 Circle K (Petro Express) Gastonia NC
730 Circle K (Petro Express) Lake Wylie SC
731 Circle K (Petro Express) Kings Mountain NC
732 Circle K (Petro Express) Gastonia NC
733 Circle K (Petro Express) Gastonia NC
734 Circle K (Petro Express) Charlotte NC
735 Circle K (Petro Express) Rock Hill SC
736 Circle K (Petro Express) Charlotte NC
737 Circle K (Petro Express) Mineral Springs NC
738 Circle K (Petro Express) Monroe NC
739 Circle K (Petro Express) Monroe NC
740 Circle K (Petro Express) Waxhaw NC
741 Circle K (Petro Express) Monroe NC
742 Circle K (Petro Express) Charlotte NC
743 Circle K (Petro Express) Rock Hill SC
744 Circle K (Petro Express) Charlotte NC
745 Goodyear Truck & Tire Anthony TX
746 7-Eleven (Susser/Stripes) Orange Grove TX
747 Cool Crest Independence MO
748 All Star Sports Wichita KS
749 All Star Sports Wichita KS
750 Goodyear Truck & Tire Valdosta GA
751 Goodyear Truck & Tire Dalton GA
752 Goodyear Truck & Tire Beaverdam OH
753 Goodyear Truck & Tire Whiteland IN
754 Goodyear Truck & Tire Gary IN
755 Goodyear Truck & Tire Franklin OH
756 Vacant Property Mebane NC
757 Goodyear Truck & Tire Bowman SC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
758 Goodyear Truck & Tire Port Wentworth GA
759 Vacant Property Piedmont SC
760 Goodyear Truck & Tire Georgetown KY
761 Goodyear Truck & Tire Benton AR
762 Sonic Automotive Charlotte NC
763 Last Stop West Azle TX
764 Magic Mountain Columbus OH
765 Magic Mountain Columbus OH
766 Food Fast Forney TX
767 Food Fast Gun Barrel City TX
768 Food Fast Tyler TX
769 Food Fast Bossier City LA
770 Food Fast Tyler TX
771 Food Fast Longview TX
772 Food Fast Gun Barrel City TX
773 Food Fast Longview TX
774 Food Fast Mabank TX
775 Food Fast Mt. Vernon TX
776 Food Fast Tyler TX
777 Food Fast Longview TX
778 Food Fast Jacksonville TX
779 Food Fast Kemp TX
780 Food Fast Longview TX
781 Food Fast Longview TX
782 Food Fast Tyler TX
783 Food Fast Tyler TX
784 Food Fast Tyler TX
785 Food Fast Brownsboro TX
786 Food Fast Tyler TX
787 Food Fast Flint TX
788 Chili's Albany GA
789 Vacant Property Rochester NY
790 Don Tello's Tex-Mex Grill Lithonia GA
791 Chili's Statesboro GA
792 Chili's Florence SC
793 Goodyear Truck & Tire Temple GA
794 Pull-A-Part Mobile AL
795 Goodyear Truck & Tire Urbandale IA
796 Chili's Valdosta GA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
797 Goodyear Truck & Tire Robinson TX
798 Goodyear Truck & Tire Kearney MO
799 Pull-A-Part Winston-Salem NC
800 Ultra Car Wash Mobile AL
801 Pull-A-Part Lithonia GA
802 Road Ranger Okawville IL
803 Circle K (Kangaroo Express) Cary NC
804 Goodyear Truck & Tire Oklahoma City OK
805 Road Ranger Dubuque IA
806 Pull-A-Part Columbia SC
807 AMC Theatre Bloomington IN
808 Regal Theatre Bolingbrook IL
809 AMC Theatre Brighton CO
810 AMC Theatre Castle Rock CO
811 AMC Theatre Evansville IN
812 AMC Theatre Galesburg IL
813 AMC Theatre Michigan City IN
814 AMC Theatre Muncie IN
815 AMC Theatre Naperville IL
816 AMC Theatre New Lenox IL
817 AMC Theatre Machesney Park IL
818 Road Ranger Belvidere IL
819 Road Ranger South Beloit IL
820 Mister Car Wash Rochester MN
821 7-Eleven (Susser/Stripes) Laredo TX
822 7-Eleven (Susser/Stripes) Laredo TX
823 7-Eleven (Susser/Stripes) Laredo TX
824 7-Eleven (Susser/Stripes) Laredo TX
825 7-Eleven (Susser/Stripes) Laredo TX
826 7-Eleven (Susser/Stripes) Harlingen TX
827 7-Eleven (Susser/Stripes) San Benito TX
828 Stripes (Sunoco) Monahans TX
829 Stripes (Sunoco) Odessa TX
830 7-Eleven (Susser/Stripes) Del Rio TX
831 7-Eleven (Susser/Stripes) Kerrville TX
832 Stripes (Sunoco) San Angelo TX
833 Pep Boys Marlton NJ
834 Pep Boys Turnersville NJ
835 Pep Boys Cicero IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
836 Pep Boys Chicago IL
837 Pep Boys Joliet IL
838 Pep Boys Lansing IL
839 Pep Boys Marietta GA
840 Pep Boys Roswell GA
841 Pep Boys Jacksonville FL
842 Pep Boys East Brunswick NJ
843 Mister Car Wash Vestavia Hills AL
844 Mister Car Wash Birmingham AL
845 Mister Car Wash Clearwater FL
846 Mister Car Wash Seminole FL
847 Mister Car Wash Tampa FL
848 Mister Car Wash Mesquite TX
849 Buck's St. Louis MO
850 7-Eleven (Susser/Stripes) Pharr TX
851 Mister Car Wash El Paso TX
852 Mister Car Wash El Paso TX
853 Mister Car Wash El Paso TX
854 Mister Car Wash El Paso TX
855 Mister Car Wash El Paso TX
856 Fuji Japanese Steakhouse Farmington NM
857 7-Eleven (Susser/Stripes) McAllen TX
858 Stripes (Sunoco) Harlingen TX
859 7-Eleven (Susser/Stripes) Laredo TX
860 7-Eleven (Susser/Stripes) Harlingen TX
861 7-Eleven (Susser/Stripes) Port Isabel TX
862 AMC Theatre Schererville IN
863 AMC Theatre Quincy IL
864 AMC Theatre Chicago IL
865 AMC Theatre Johnson Creek WI
866 AMC Theatre Lake Delton WI
867 Express Oil Change Birmingham AL
868 Express Oil Change Florence AL
869 Express Oil Change Helena AL
870 Express Oil Change Muscle Shoals AL
871 Express Oil Change Opelika AL
872 Goodyear Truck & Tire Amarillo TX
873 Goodyear Truck & Tire Jackson MS
874 Pet Paradise Houston TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
875 Pet Paradise Bunnell FL
876 Dave & Buster's Tulsa OK
877 7-Eleven (Susser/Stripes) Brownsville TX
878 7-Eleven (Susser/Stripes) La Villa TX
879 7-Eleven (Susser/Stripes) Laredo TX
880 7-Eleven (Susser/Stripes) Edinburg TX
881 7-Eleven (Susser/Stripes) McAllen TX
882 7-Eleven (Susser/Stripes) Laredo TX
883 Ultra Car Wash Lilburn GA
884 ARCO ampm Mesa AZ
885 ARCO ampm Globe AZ
886 ARCO ampm Tucson AZ
887 ARCO ampm Tucson AZ
888 ARCO ampm Mesa AZ
889 ARCO ampm Gilbert AZ
890 ARCO ampm Scottsdale AZ
891 Shell Glendale AZ
892 ARCO ampm Tucson AZ
893 ARCO ampm Sedona AZ
894 ARCO ampm Prescott AZ
895 ARCO ampm Casa Grande AZ
896 ARCO ampm Tucson AZ
897 Shell Peoria AZ
898 LA Fitness Centerville OH
899 Chili's Tifton GA
900 Goodyear Truck & Tire Glendale KY
901 LA Fitness Warren MI
902 TitleMax Fairfield AL
903 TitleMax Darlington SC
904 TitleMax Hueytown AL
905 TitleMax Sylacauga AL
906 TitleMax Marietta GA
907 TitleMax Gadsden AL
908 TitleMax Anniston AL
909 TitleMax Macon GA
910 TitleMax Montgomery AL
911 TitleMax Jonesboro GA
912 TitleMax Lawrenceville GA
913 TitleMax Riverdale GA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
914 TitleMax St. Louis MO
915 TitleMax Springfield MO
916 TitleMax Norcross GA
917 TitleMax Taylors SC
918 TitleMax Cheraw SC
919 TitleMax Columbia SC
920 TitleMax Dalton GA
921 TitleMax Aiken SC
922 TitleMax Berkeley MO
923 TitleMax St. Louis MO
924 TitleMax Springfield MO
925 LA Fitness Cincinnati OH
926 Pull-A-Part Akron OH
927 Chili's Evans GA
928 Goodyear Truck & Tire Laredo TX
929 Pet Paradise Charlotte NC
930 Pet Paradise Davie FL
931 Dave & Buster's Wauwatosa WI
932 Express Oil Change Horn Lake MS
933 Stripes (Sunoco) Lubbock TX
934 Stripes (Sunoco) Houston TX
935 Sunshine Energy Kansas City MO
936 Patriot Fuels Vinita OK
937 Sunshine Energy Altamont KS
938 Chili's Jefferson City MO
939 Chili's Merriam KS
940 Chili's Wichita KS
941 LA Fitness Indianapolis IN
942 LA Fitness Laveen AZ
943 Walgreens Boise ID
944 Walgreens Nampa ID
945 Mister Car Wash Tampa FL
946 Furr's Family Dining Arlington TX
947 Goodyear Truck & Tire Midland TX
948 RBC Bank Altamonte Springs FL
949 Dave & Buster's Orlando FL
950 Dollar General High Springs FL
951 Camping World Vacaville CA
952 LA Fitness Kennesaw GA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
953 Cinemark Draper UT
954 Dollar General Inverness FL
955 Dollar General Cocoa FL
956 Applebee's Danville KY
957 Applebee's Florence KY
958 Applebee's Frankfort KY
959 Applebee's Nicholasville KY
960 Applebee's Crestview Hills KY
961 Applebee's Maysville KY
962 Applebee's Georgetown KY
963 Applebee's Hilliard OH
964 Raising Cane's Cincinnati OH
965 Applebee's Troy OH
966 Goodyear Truck & Tire Tuscaloosa AL
967 Dollar General Palm Bay FL
968 Saltgrass Steakhouse Beaumont TX
969 Twin Peaks Olathe KS
970 Camping World Strafford MO
971 Camping World North Little Rock AR
972 Gander Outdoors DeForest WI
973 Gander Outdoors Springfield IL
974 Gander Outdoors Onalaska WI
975 CarQuest Fairbanks AK
976 Advance Auto Parts Ocala FL
977 Advance Auto Parts Carol Stream IL
978 Advance Auto Parts Sycamore IL
979 CarQuest Wasilla AK
980 Advance Auto Parts Mobile AL
981 CarQuest Enterprise AL
982 Advance Auto Parts Troy AL
983 Advance Auto Parts West Memphis AR
984 Advance Auto Parts Thornton CO
985 CarQuest Metamora IL
986 Advance Auto Parts Alsip IL
987 Vacant Property Bay City MI
988 Vacant Property Benton Harbor MI
989 Vacant Property Essexville MI
990 Advance Auto Parts Aurora IL
991 Advance Auto Parts Dodge City KS
Multi-Tenant ** Property City State
--- --- --- --- --- ---
992 Advance Auto Parts Lexington KY
993 CarQuest Nicholasville KY
994 Advance Auto Parts Abbeville LA
995 CarQuest Lafayette LA
996 Advance Auto Parts Kennedale TX
997 CarQuest Sulphur LA
998 Advance Auto Parts Brunswick ME
999 Advance Auto Parts Bucksport ME
1000 Advance Auto Parts Houlton ME
1001 American Welding & Gas Appleton WI
1002 Advance Auto Parts Bangor ME
1003 Vacant Property Oshkosh WI
1004 Advance Auto Parts Escanaba MI
1005 Advance Auto Parts Schofield WI
1006 Advance Auto Parts St. Peter MN
1007 Advance Auto Parts Windom MN
1008 Advance Auto Parts Fairmont MN
1009 Advance Auto Parts Addison IL
1010 Advance Auto Parts Chicago IL
1011 Advance Auto Parts Elgin IL
1012 CarQuest Sauk Centre MN
1013 Advance Auto Parts Rockford IL
1014 CarQuest Overland MO
1015 Advance Auto Parts Laurel MS
1016 CarQuest Pearl MS
1017 CarQuest Helena MT
1018 CarQuest Kalispell MT
1019 CarQuest Bay City MI
1020 CarQuest Anaconda MT
1021 CarQuest Owosso MI
1022 CarQuest Baker MT
1023 CarQuest Billings MT
1024 CarQuest Billings MT
1025 CarQuest Colstrip MT
1026 CarQuest Cut Bank MT
1027 Advance Auto Parts Irving TX
1028 CarQuest Dillon MT
1029 CarQuest Glasgow MT
1030 CarQuest Great Falls MT
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1031 CarQuest Hamilton MT
1032 CarQuest Harlem MT
1033 CarQuest Lewistown MT
1034 Advance Auto Parts Marshfield WI
1035 Advance Auto Parts Stevens Point WI
1036 Advance Auto Parts Wautoma WI
1037 Advance Auto Parts Wisconsin Rapids WI
1038 CarQuest Livingston MT
1039 CarQuest Malta MT
1040 CarQuest Missoula MT
1041 CarQuest Bakersfield CA
1042 CarQuest Roundup MT
1043 CarQuest Shelby MT
1044 CarQuest Sidney MT
1045 CarQuest Whitefish MT
1046 Advance Auto Parts Arden NC
1047 CarQuest Burlington NC
1048 Advance Auto Parts Devils Lake ND
1049 CarQuest Williston ND
1050 Advance Auto Parts Greenville OH
1051 Vacant Property Bend OR
1052 Advance Auto Parts Stayton OR
1053 CarQuest Spartanburg SC
1054 Advance Auto Parts West Columbia SC
1055 Advance Auto Parts Midland TX
1056 CarQuest Lufkin TX
1057 Tire Zone Warrenton VA
1058 Advance Auto Parts Spokane WA
1059 Advance Auto Parts Yakima WA
1060 CarQuest Spokane WA
1061 Advance Auto Parts Spokane WA
1062 Advance Auto Parts Chippewa Falls WI
1063 Advance Auto Parts Eau Claire WI
1064 Advance Auto Parts Medford WI
1065 Advance Auto Parts Phillips WI
1066 Advance Auto Parts Rhinelander WI
1067 Advance Auto Parts Wausau WI
1068 Advance Auto Parts Abbotsford WI
1069 Advance Auto Parts Eagle River WI
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1070 Advance Auto Parts Hayward WI
1071 Advance Auto Parts Montello WI
1072 Advance Auto Parts Antigo WI
1073 Advance Auto Parts Madison WI
1074 Advance Auto Parts Neillsville WI
1075 Advance Auto Parts River Falls WI
1076 CarQuest Sheboygan WI
1077 CarQuest Cody WY
1078 CarQuest Powell WY
1079 CarQuest Riverton WY
1080 CarQuest Sheridan WY
1081 CarQuest Worland WY
1082 Applebee's Mt. Sterling KY
1083 Applebee's Kettering OH
1084 Applebee's Grove City OH
1085 Applebee's Mesa AZ
1086 Applebee's Phoenix AZ
1087 Applebee's Phoenix AZ
1088 Gander Outdoors Ocala FL
1089 Dollar General Deland FL
1090 Goodyear Truck & Tire Kenly NC
1091 Vacant Property Columbus MS
1092 Mid-South Bells (Taco Bell) Madison AL
1093 Mid-South Bells (Taco Bell) Hendersonville NC
1094 Mid-South Bells (Taco Bell) Fort Payne AL
1095 Mid-South Bells (Taco Bell) Anderson SC
1096 Mid-South Bells (Taco Bell) Cedartown GA
1097 Mid-South Bells (Taco Bell) Simpsonville SC
1098 Mid-South Bells (Taco Bell) Easley SC
1099 Mid-South Bells (Taco Bell) Franklin NC
1100 Mid-South Bells (Taco Bell) Spartanburg SC
1101 Mid-South Bells (Taco Bell) Oneonta AL
1102 Mid-South Bells (Taco Bell) Blue Ridge GA
1103 Mid-South Bells (Taco Bell) Black Mountain NC
1104 Mid-South Bells (Taco Bell) Asheville NC
1105 Mid-South Bells (Taco Bell) Greenville SC
1106 Mid-South Bells (Taco Bell) Toccoa GA
1107 Mid-South Bells (Taco Bell) Asheville NC
1108 Mid-South Bells (Taco Bell) Seneca SC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1109 Mid-South Bells (Taco Bell) Spartanburg SC
1110 Mid-South Bells (Taco Bell) Sylva NC
1111 Mid-South Bells (Taco Bell) Greenville SC
1112 Mid-South Bells (Taco Bell) Rainsville AL
1113 Mid-South Bells (Taco Bell) Pisgah Forest NC
1114 Mid-South Bells (Taco Bell) Gaffney SC
1115 Mid-South Bells (Taco Bell) Lavonia GA
1116 Mid-South Bells (Taco Bell) Inman SC
1117 Mid-South Bells (Taco Bell) Piedmont SC
1118 Mid-South Bells (Taco Bell) Duncan SC
1119 Mid-South Bells (Taco Bell) Anderson SC
1120 Dollar General Seffner FL
1121 Cheddar's Cafe Baytown TX
1122 TitleMax Bay Minette AL
1123 Goodyear Truck & Tire Matthews MO
1124 Dollar General Hernando FL
1125 TitleMax N. Richland Hills TX
1126 Del Frisco's Greenwood Village CO
1127 Del Frisco's Fort Worth TX
1128 LA Fitness Arlington TX
1129 Cheddar's Cafe West Monroe LA
1130 Caliber Collision Houston TX
1131 Caliber Collision Galveston TX
1132 Caliber Collision Alvin TX
1133 TitleMax Petersburg VA
1134 Oregano's Pizza Bistro Fort Collins CO
1135 Dave & Buster's Oklahoma City OK
1136 TitleMax Savannah GA
1137 TitleMax Fort Worth TX
1138 TitleMax Hoover AL
1139 Cheddar's Cafe Selma TX
1140 The Shack Overland Park KS
1141 Dollar General Titusville FL
1142 Adventure Landing St. Augustine FL
1143 Adventure Landing Jacksonville FL
1144 Adventure Landing Raleigh NC
1145 Adventure Landing Tonawanda NY
1146 Miller's Ale House Pensacola FL
1147 Raising Cane's Sulphur LA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1148 Raising Cane's Hurst TX
1149 Goodyear Truck & Tire Baytown TX
1150 Patient First Richmond VA
1151 Camping World Avondale AZ
1152 Camping World Mesa AZ
1153 Ferguson Union City GA
1154 Cheddar's Cafe Jonesboro AR
1155 Goodyear Truck & Tire Sunbury OH
1156 Raising Cane's Plano TX
1157 Raising Cane's Fort Worth TX
1158 Goodyear Truck & Tire Greenwood LA
1159 Goodyear Truck & Tire Joplin MO
1160 Texas Roadhouse Palm Bay FL
1161 Raising Cane's Pearland TX
1162 Wehrenberg Theater Cedar Rapids IA
1163 LA Fitness Hurst TX
1164 Mister Car Wash Springfield MO
1165 Mister Car Wash Springfield MO
1166 Mister Car Wash Springfield MO
1167 Camping World Bowling Green KY
1168 Camping World Council Bluffs IA
1169 Camping World Roanoke VA
1170 Gander Outdoors Bowling Green KY
1171 Gander Outdoors Roanoke VA
1172 Saltgrass Steakhouse San Antonio TX
1173 Fikes Wholesale Killeen TX
1174 Fikes Wholesale Godley TX
1175 Fikes Wholesale McGregor TX
1176 Fikes Wholesale Belton TX
1177 Fikes Wholesale Valley Mills TX
1178 Fikes Wholesale Killeen TX
1179 Fikes Wholesale Thorndale TX
1180 Fikes Wholesale West TX
1181 TitleMax Eufaula AL
1182 TitleMax Kansas City MO
1183 Cinemark Fort Worth TX
1184 Best Buy Nashua NH
1185 Best Buy Houston TX
1186 Best Buy Fort Collins CO
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1187 Best Buy Virginia Beach VA
1188 Best Buy Albuquerque NM
1189 Vacant Property Fort Worth TX
1190 Best Buy North Attleborough MA
1191 Best Buy Schaumburg IL
1192 Best Buy Arlington TX
1193 BEL Furniture Beaumont TX
1194 Dollar General Disputanta VA
1195 Goodyear Truck & Tire Winslow AZ
1196 BJ's Wholesale Club W. Hartford CT
1197 BJ's Wholesale Club Roxbury NJ
1198 BJ's Wholesale Club Fairfax VA
1199 BJ's Wholesale Club Hialeah FL
1200 BJ's Wholesale Club Hamilton NJ
1201 Dollar General Lumberton NC
1202 Raising Cane's Addison TX
1203 Dollar General Newport News VA
1204 Camping World Golden CO
1205 TitleMax Arnold MO
1206 TitleMax Greenville SC
1207 TitleMax Bristol VA
1208 TitleMax Fairview Heights IL
1209 TitleMax Florissant MO
1210 TitleMax Olive Branch MS
1211 TitleMax Sugar Creek MO
1212 TitleMax Jonesboro GA
1213 Raising Cane's Houston TX
1214 Miller's Ale House Oviedo FL
1215 Mister Car Wash Missouri City TX
1216 Cheddar's Cafe Hattiesburg MS
1217 Chuck E. Cheese's Mobile AL
1218 7-Eleven Cedar Park TX
1219 7-Eleven Austin TX
1220 7-Eleven Austin TX
1221 7-Eleven Austin TX
1222 7-Eleven Austin TX
1223 7-Eleven Austin TX
1224 7-Eleven Austin TX
1225 7-Eleven Austin TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1226 7-Eleven Austin TX
1227 7-Eleven Austin TX
1228 7-Eleven Austin TX
1229 7-Eleven Austin TX
1230 7-Eleven San Antonio TX
1231 7-Eleven San Antonio TX
1232 7-Eleven San Antonio TX
1233 7-Eleven Universal City TX
1234 7-Eleven San Antonio TX
1235 7-Eleven San Antonio TX
1236 7-Eleven San Antonio TX
1237 7-Eleven San Antonio TX
1238 7-Eleven San Antonio TX
1239 7-Eleven San Antonio TX
1240 7-Eleven San Antonio TX
1241 7-Eleven San Antonio TX
1242 7-Eleven San Antonio TX
1243 7-Eleven San Antonio TX
1244 7-Eleven San Antonio TX
1245 7-Eleven San Antonio TX
1246 7-Eleven Bloomington TX
1247 7-Eleven Palacios TX
1248 7-Eleven Winnie TX
1249 7-Eleven Edna TX
1250 7-Eleven Beaumont TX
1251 7-Eleven Beaumont TX
1252 7-Eleven Canyon Lake TX
1253 7-Eleven West Orange TX
1254 7-Eleven Kingsland TX
1255 Stripes (Sunoco) Laredo TX
1256 Stripes (Sunoco) Laredo TX
1257 7-Eleven Victoria TX
1258 7-Eleven Beaumont TX
1259 7-Eleven Kingsville TX
1260 7-Eleven Corpus Christi TX
1261 Stripes (Sunoco) Portland TX
1262 Stripes (Sunoco) Rockport TX
1263 Stripes (Sunoco) Harlingen TX
1264 7-Eleven College Station TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1265 7-Eleven Bryan TX
1266 Stripes (Sunoco) Laredo TX
1267 Stripes (Sunoco) Laredo TX
1268 7-Eleven Laredo TX
1269 7-Eleven Rio Bravo TX
1270 7-Eleven Victoria TX
1271 Stripes (Sunoco) Corpus Christi TX
1272 Stripes (Sunoco) Corpus Christi TX
1273 Stripes (Sunoco) Corpus Christi TX
1274 Stripes (Sunoco) Mercedes TX
1275 Stripes (Sunoco) San Juan TX
1276 7-Eleven Edinburg TX
1277 7-Eleven San Antonio TX
1278 7-Eleven Round Rock TX
1279 7-Eleven Austin TX
1280 7-Eleven Pflugerville TX
1281 7-Eleven Cedar Park TX
1282 7-Eleven Austin TX
1283 7-Eleven Austin TX
1284 Goodyear Truck & Tire Gulfport MS
1285 CarQuest Watford City ND
1286 Dollar General Cumberland VA
1287 Dick's Sporting Goods Avon IN
1288 Goodyear Truck & Tire Sulphur Springs TX
1289 Orchard Supply Hardware San Jose CA
1290 Orchard Supply Hardware San Jose CA
1291 Orchard Supply Hardware Pismo Beach CA
1292 Raising Cane's Euless TX
1293 Furr's Family Dining McAllen TX
1294 Walgreens Pueblo CO
1295 Walgreens Rapid City SD
1296 Dollar General Aberdeen NC
1297 Raising Cane's Moore OK
1298 Mister Car Wash Bountiful UT
1299 Mister Car Wash Salt Lake City UT
1300 Walgreens Hamilton OH
1301 Mister Car Wash Tucson AZ
1302 Mister Car Wash Tucson AZ
1303 Mister Car Wash Tucson AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1304 Caliber Collision Killeen TX
1305 Caliber Collision Copperas Cove TX
1306 Vacant Property Lincolnshire IL
1307 Express Oil Change Houston TX
1308 Caliber Collision Austin TX
1309 Dollar General Richmond VA
1310 Bonefish Mobile AL
1311 Carrabba's Mobile AL
1312 Carrabba's Gainesville FL
1313 Carrabba's Jacksonville FL
1314 Carrabba's Pensacola FL
1315 Carrabba's Waldorf MD
1316 Carrabba's Canton MI
1317 Carrabba's Mason OH
1318 Carrabba's Maumee OH
1319 Carrabba's Dallas TX
1320 Fleming's Akron OH
1321 Outback Phoenix AZ
1322 Outback Denver CO
1323 Outback Venice FL
1324 Outback Stockbridge GA
1325 Outback Wheaton IL
1326 Outback Shreveport LA
1327 Outback Largo MD
1328 Outback Smithfield NC
1329 Outback Copley Township OH
1330 Outback Troy OH
1331 Outback Mt. Pleasant SC
1332 Outback Knoxville TN
1333 Outback Conroe TX
1334 Outback Lufkin TX
1335 Outback Mechanicsville VA
1336 Outback Warrenton VA
1337 Outback Cheyenne WY
1338 Raising Cane's Rowlett TX
1339 Dave & Buster's Dallas TX
1340 Dollar General Danville VA
1341 Saltgrass Steakhouse Cypress TX
1342 VCA Animal Hospital Mission KS
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1343 Logan's Roadhouse Marion IL
1344 Dollar General Cascade VA
1345 Logan's Roadhouse Pooler GA
1346 Mister Car Wash Cedar Park TX
1347 Sunbelt Rentals Dayton OH
1348 Sunbelt Rentals Shepherdsville KY
1349 Logan's Roadhouse Cullman AL
1350 Mister Car Wash Spokane Valley WA
1351 Dollar General Sanford NC
1352 Caliber Collision Gilbert AZ
1353 MedExpress Urgent Care Fairmont WV
1354 Northern Tool Asheville NC
1355 Raising Cane's Keller TX
1356 Dollar General Leland NC
1357 At Home Douglasville GA
1358 At Home Humble TX
1359 At Home Sandston VA
1360 At Home Noblesville IN
1361 Caliber Collision Tomball TX
1362 Caliber Collision Spring TX
1363 CarQuest Anchorage AK
1364 CarQuest Havre MT
1365 LA Fitness South Plainfield NJ
1366 Express Oil Change Katy TX
1367 Dollar General Sanford NC
1368 Vacant Property Chester VA
1369 Road Ranger Chicago IL
1370 Mister Car Wash Salt Lake City UT
1371 Multi Orchard Supply Hardware Chico CA
Multi Rabobank Chico CA
1372 Orchard Supply Hardware Clovis CA
1373 Orchard Supply Hardware San Jose CA
1374 Orchard Supply Hardware Pinole CA
1375 Raising Cane's Omaha NE
1376 Dollar General Richmond VA
1377 TitleMax Roanoke VA
1378 Mister Car Wash Lilburn GA
1379 Mister Car Wash Griffin GA
1380 Mister Car Wash Hampton GA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1381 Mister Car Wash College Park GA
1382 Mister Car Wash Oxford AL
1383 Dollar General Martinsville VA
1384 Dollar General Yerington NV
1385 TitleMax Fredericksburg VA
1386 LA Fitness McDonough GA
1387 Mister Car Wash Clermont FL
1388 Fiery Crab Gonzales LA
1389 Mister Car Wash Springfield MO
1390 Express Oil Change Fort Oglethorpe GA
1391 Mister Car Wash Lubbock TX
1392 Mister Car Wash Lubbock TX
1393 Mister Car Wash Lubbock TX
1394 Mister Car Wash Abilene TX
1395 Mister Car Wash Abilene TX
1396 Logan's Roadhouse Madison AL
1397 KFC Hampton VA
1398 KFC Virginia Beach VA
1399 KFC Newport News VA
1400 KFC Newport News VA
1401 KFC Richmond VA
1402 KFC Richmond VA
1403 KFC Richmond VA
1404 KFC Mechanicsville VA
1405 KFC Richmond VA
1406 KFC Richmond VA
1407 KFC Newport News VA
1408 Raising Cane's McKinney TX
1409 Bell Indiana (Taco Bell) Evansville IN
1410 Bell Indiana (Taco Bell) Indianapolis IN
1411 Bell Indiana (Taco Bell) Indianapolis IN
1412 Bell Indiana (Taco Bell) Bloomington IN
1413 Bell Indiana (Taco Bell) Jasper IN
1414 Bell Indiana (Taco Bell) Indianapolis IN
1415 Bell Indiana (Taco Bell) Indianapolis IN
1416 Bell Indiana (Taco Bell) Edinburgh IN
1417 Bell Indiana (Taco Bell) Daleville IN
1418 Bell Indiana (Taco Bell) New Castle IN
1419 Bell Indiana (Taco Bell) Anderson IN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1420 Bell Indiana (Taco Bell) Owensboro KY
1421 Bell Indiana (Taco Bell) Carmel IN
1422 Bell Indiana (Taco Bell) Bloomington IN
1423 Bell Indiana (Taco Bell) Indianapolis IN
1424 Bell Indiana (Taco Bell) Indianapolis IN
1425 At Home Greensboro NC
1426 Wendy's Port Orchard WA
1427 Wendy's Lynnwood WA
1428 Wendy's Las Vegas NV
1429 Wendy's N. Las Vegas NV
1430 Wendy's Indianapolis IN
1431 Wendy's Brownsburg IN
1432 Wendy's Indianapolis IN
1433 Wendy's Indianapolis IN
1434 Wendy's Noblesville IN
1435 Wendy's Poulsbo WA
1436 Wendy's Indianapolis IN
1437 Wendy's Fishers IN
1438 Wendy's San Antonio TX
1439 Wendy's Henderson NV
1440 Wendy's San Antonio TX
1441 Wendy's Indianapolis IN
1442 Wendy's Las Vegas NV
1443 Wendy's Everett WA
1444 Wendy's San Antonio TX
1445 Wendy's Indianapolis IN
1446 Wendy's San Antonio TX
1447 Wendy's Boerne TX
1448 Wendy's Indianapolis IN
1449 Wendy's Fishers IN
1450 Wendy's Indianapolis IN
1451 Wendy's Everett WA
1452 Wendy's Converse TX
1453 Wendy's Henderson NV
1454 Wendy's San Antonio TX
1455 Wendy's Las Vegas NV
1456 Dollar General Hawthorne NV
1457 LA Fitness Tampa FL
1458 LA Fitness Phoenix AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1459 LA Fitness Indianapolis IN
1460 LA Fitness West Dundee IL
1461 Raising Cane's Tulsa OK
1462 Sterling Collision Lombard IL
1463 MedExpress Urgent Care Martinsburg WV
1464 American Retail Service Yuma AZ
1465 American Retail Service Salem OR
1466 American Retail Service Lincoln City OR
1467 American Family Care Cullman AL
1468 Mister Car Wash Atlanta GA
1469 Mister Car Wash Atlanta GA
1470 Express Oil Change Marietta GA
1471 Express Oil Change Smyrna GA
1472 TitleMax Florissant MO
1473 Pawn America Fridley MN
1474 Skechers Sioux Falls SD
1475 American Family Care Woodstock GA
1476 American Family Care Pace FL
1477 American Family Care Decatur AL
1478 Camping World Dover FL
1479 Saltgrass Steakhouse Midland TX
1480 American Family Care Fairhope AL
1481 Chili's Lexington SC
1482 Chili's Hutchinson KS
1483 American Family Care Dothan AL
1484 The Beach Mason OH
1485 Dollar General Norfolk VA
1486 Dollar General Suffolk VA
1487 MedExpress Urgent Care Wheeling WV
1488 Pawn America Mankato MN
1489 Gerber Collision Garner NC
1490 American Family Care Auburn AL
1491 Sunoco Baltimore MD
1492 Sunoco Pasadena MD
1493 Sunoco Perryville MD
1494 Sunoco Sterling VA
1495 Sunoco Odenton MD
1496 Sunoco Sterling VA
1497 Sunoco Dumfries VA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1498 Sunoco Baltimore MD
1499 Sunoco Bel Air MD
1500 Sunoco Reisterstown MD
1501 Sunoco Arnold MD
1502 Sunoco Chantilly VA
1503 Sunoco Owings Mills MD
1504 Sunoco Towson MD
1505 Sunoco Timonium MD
1506 Sunoco Randallstown MD
1507 Sunoco Manassas VA
1508 Sunoco Baltimore MD
1509 Sunoco Baltimore MD
1510 Sunoco Herndon VA
1511 Sunoco Bethesda MD
1512 Sunoco Pasadena MD
1513 Sunoco Rockville MD
1514 Sunoco Manassas VA
1515 Sunoco Glen Burnie MD
1516 Sunoco Parkton MD
1517 Sunoco Frederick MD
1518 Sunoco Baltimore MD
1519 Sunoco Dale City VA
1520 Sunoco Woodbridge VA
1521 Sunoco Edgewood MD
1522 Sunoco Severn MD
1523 Sunoco Joppa MD
1524 Sunoco Baltimore MD
1525 Sunoco Gaithersburg MD
1526 Sunoco Baltimore MD
1527 American Family Care Milton GA
1528 Caliber Collision Edmond OK
1529 American Family Care Roswell GA
1530 Mister Car Wash Urbandale IA
1531 Raising Cane's Broken Arrow OK
1532 American Family Care Marietta GA
1533 Dave & Buster's Livonia MI
1534 Cheddar's Cafe Pleasant Prairie WI
1535 LA Fitness Irving TX
1536 The Container Store Plano TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1537 TitleMax South Boston VA
1538 TitleMax Savannah GA
1539 SunTrust Bradenton FL
1540 SunTrust Daytona Beach Shores FL
1541 SunTrust Deland FL
1542 SunTrust Edgewater FL
1543 SunTrust Greenacres City FL
1544 SunTrust Hialeah FL
1545 SunTrust Jacksonville FL
1546 SunTrust Jacksonville FL
1547 SunTrust Jupiter FL
1548 SunTrust Lady Lake FL
1549 SunTrust Largo FL
1550 Bay County Tax Collector Lynn Haven FL
1551 SunTrust Doral FL
1552 SunTrust New Port Richey FL
1553 SunTrust N Miami Beach FL
1554 SunTrust Orlando FL
1555 SunTrust Palm Harbor FL
1556 SunTrust Punta Gorda FL
1557 SunTrust Sebastian FL
1558 SunTrust Spring Hill FL
1559 SunTrust Spring Hill FL
1560 SunTrust Sun City Center FL
1561 SunTrust Alpharetta GA
1562 SunTrust Alpharetta GA
1563 SunTrust Atlanta GA
1564 SunTrust Augusta GA
1565 SunTrust Conyers GA
1566 SunTrust Duluth GA
1567 SunTrust Lawrenceville GA
1568 SunTrust Marietta GA
1569 SunTrust Norcross GA
1570 SunTrust Tucker GA
1571 SunTrust Bladensburg MD
1572 Vacant Property Chestertown MD
1573 SunTrust Black Mountain NC
1574 SunTrust Greensboro NC
1575 SunTrust Huntersville NC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1576 SunTrust Kannapolis NC
1577 SunTrust Kernersville NC
1578 SunTrust Roxboro NC
1579 SunTrust Spartanburg SC
1580 SunTrust Alexandria VA
1581 SunTrust Lightfoot VA
1582 SunTrust Mechanicsville VA
1583 SunTrust Richmond VA
1584 SunTrust Richmond VA
1585 SunTrust Richmond VA
1586 SunTrust Roanoke VA
1587 SunTrust South Boston VA
1588 Bishop Family Insurance Agency Spotsylvania VA
1589 SunTrust Virginia Beach VA
1590 Advance Auto Parts Orchard Park NY
1591 Advance Auto Parts Salt Lake City UT
1592 Advance Auto Parts Morrisville NC
1593 CarQuest San Antonio TX
1594 CarQuest San Antonio TX
1595 Raising Cane's Oklahoma City OK
1596 Insurance Auto Auctions New Orleans LA
1597 Dollar General Irving NY
1598 CarQuest Jackson MS
1599 Mister Car Wash Houston TX
1600 Mister Car Wash Houston TX
1601 Mister Car Wash Humble TX
1602 Mister Car Wash Spring TX
1603 Mister Car Wash Houston TX
1604 Mister Car Wash Houston TX
1605 Mister Car Wash Houston TX
1606 Mister Car Wash Katy TX
1607 Raising Cane's Oklahoma City OK
1608 Denny's (Co. Owned) Akron OH
1609 Cheddar's Cafe Liberty MO
1610 American Family Care Columbus GA
1611 Bell Indiana (Taco Bell) Connersville IN
1612 Bell Indiana (Taco Bell) Linton IN
1613 Bell Indiana (Taco Bell) Owensboro KY
1614 MedExpress Urgent Care Huntington WV
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1615 Saltgrass Steakhouse Port Arthur TX
1616 American Family Care Birmingham AL
1617 Bell Missouri (Taco Bell) St. Louis MO
1618 Bell Missouri (Taco Bell) Eureka MO
1619 Bell Missouri (Taco Bell) St. Louis MO
1620 Bell Missouri (Taco Bell) Maryland Heights MO
1621 Bell Missouri (Taco Bell) Granite City IL
1622 Bell Missouri (Taco Bell) St. Charles MO
1623 Bell Missouri (Taco Bell) O'Fallon MO
1624 Bell Missouri (Taco Bell) Arnold MO
1625 Bell Missouri (Taco Bell) Hazelwood MO
1626 Bell Missouri (Taco Bell) O'Fallon MO
1627 Bell Missouri (Taco Bell) St. Louis MO
1628 Bell Missouri (Taco Bell) Edwardsville IL
1629 Bell Missouri (Taco Bell) East Alton IL
1630 Bell Missouri (Taco Bell) Collinsville IL
1631 MedExpress Urgent Care Anderson IN
1632 MedExpress Urgent Care Terre Haute IN
1633 Natural Grocers Coeur D'Alene ID
1634 Camping World Grain Valley MO
1635 Mister Car Wash Tucson AZ
1636 Raising Cane's Owasso OK
1637 Advance Auto Parts Crestview FL
1638 LA Fitness Royal Oak MI
1639 Camping World Lubbock TX
1640 Logan's Roadhouse Hopkinsville KY
1641 Dollar General Oakfield NY
1642 Advance Auto Parts Depew NY
1643 Vacant Property Wyoming MI
1644 AMC Theatre Fayetteville NC
1645 TitleMax O'Fallon MO
1646 Camping World Olive Branch MS
1647 American Family Care Calera AL
1648 KFC Ahoskie NC
1649 KFC Elizabeth City NC
1650 Dollar General Holland NY
1651 LA Fitness St. Louis Park MN
1652 Gander Outdoors Greenfield IN
1653 Saltgrass Steakhouse McAllen TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1654 KFC Brownsville TX
1655 KFC Brownsville TX
1656 KFC Copperas Cove TX
1657 KFC Eagle Pass TX
1658 KFC Edinburg TX
1659 KFC Harker Heights TX
1660 KFC Harlingen TX
1661 KFC Jacksonville TX
1662 KFC Killeen TX
1663 KFC Waco TX
1664 KFC Laredo TX
1665 KFC Marshall TX
1666 KFC McAllen TX
1667 KFC Mission TX
1668 KFC S Padre Island TX
1669 KFC Palestine TX
1670 KFC Pharr TX
1671 KFC Rio Grande City TX
1672 KFC San Benito TX
1673 KFC Temple TX
1674 KFC Tyler TX
1675 KFC Waco TX
1676 KFC Weslaco TX
1677 KFC Del Rio TX
1678 Mattress Firm Plainfield IN
1679 Advance Auto Parts Sherman TX
1680 Insurance Auto Auctions E Dundee IL
1681 Mister Car Wash Rochester MN
1682 Mister Car Wash Tucson AZ
1683 Vacant Property Saginaw MI
1684 Family Dollar Spring TX
1685 Dollar General Jeffersonville IN
1686 Family Dollar Richmond TX
1687 Advance Auto Parts Richmond VA
1688 Black Rock Grill Tampa FL
1689 Mattress Firm Fayetteville AR
1690 Popeye's Randallstown MD
1691 Raising Cane's Longview TX
1692 Camping World Cedar Falls IA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1693 Rite Aid Dowagiac MI
1694 American Family Care Athens AL
1695 Buck's Glendale Heights IL
1696 Rite Aid Clinton Twp MI
1697 Saltgrass Steakhouse College Station TX
1698 American Family Care Panama City Beach FL
1699 Quaker Steak & Lube Mentor OH
1700 Starplex Theatre Southington CT
1701 American Family Care Gadsden AL
1702 Express Oil Change Cypress TX
1703 Raising Cane's Georgetown TX
1704 Bell Carolina (Taco Bell) Fayetteville NC
1705 Bell Carolina (Taco Bell) Jacksonville NC
1706 Bell Carolina (Taco Bell) Fayetteville NC
1707 Bell Carolina (Taco Bell) Hope Mills NC
1708 Bell Carolina (Taco Bell) Fayetteville NC
1709 Bell Carolina (Taco Bell) Midway Park NC
1710 Bell Carolina (Taco Bell) Jacksonville NC
1711 Bell Carolina (Taco Bell) Fayetteville NC
1712 Bell Carolina (Taco Bell) Fayetteville NC
1713 Bell Carolina (Taco Bell) Fayetteville NC
1714 Bell Carolina (Taco Bell) Fayetteville NC
1715 Bell Carolina (Taco Bell) Lumberton NC
1716 Bell Carolina (Taco Bell) Wilmington NC
1717 Bell Carolina (Taco Bell) Fayetteville NC
1718 Bell Carolina (Taco Bell) Jacksonville NC
1719 Bell Carolina (Taco Bell) Leland NC
1720 Bell Carolina (Taco Bell) Fayetteville NC
1721 Bell Carolina (Taco Bell) Pembroke NC
1722 Bell Carolina (Taco Bell) Saint Pauls NC
1723 Bell Carolina (Taco Bell) Spring Lake NC
1724 Bell Carolina (Taco Bell) Whiteville NC
1725 Bell Carolina (Taco Bell) Shallotte NC
1726 Bell Carolina (Taco Bell) Holly Ridge NC
1727 Bell Carolina (Taco Bell) Wilmington NC
1728 Bell Carolina (Taco Bell) Wilmington NC
1729 Bell Carolina (Taco Bell) Jacksonville NC
1730 The Juicy Seafood Restaurant Muscle Shoals AL
1731 7-Eleven Belpre OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1732 7-Eleven Charleston WV
1733 7-Eleven Charleston WV
1734 7-Eleven Clarksburg WV
1735 7-Eleven Mannington WV
1736 7-Eleven Parkersburg WV
1737 7-Eleven Parkersburg WV
1738 7-Eleven Weston WV
1739 Applebee's Angola IN
1740 Arby's Indianapolis IN
1741 Arby's Indianapolis IN
1742 Chuck E. Cheese's Huntsville AL
1743 Steak N Shake South Bend IN
1744 ARCO ampm Soldotna AK
1745 Wendy's Lexington Park MD
1746 Affordable Care Asheville NC
1747 Affordable Care Conover NC
1748 Affordable Care Wilmington NC
1749 Affordable Care Poland OH
1750 Chuck E. Cheese's Saginaw MI
1751 DaVita Dialysis Columbus OH
1752 Fresenius Medical Care Rockford MI
1753 Kroger Elkhart IN
1754 LaPetite Academy Albuquerque NM
1755 LaPetite Academy Moore OK
1756 LaPetite Academy Oklahoma City OK
1757 LaPetite Academy Ft. Worth TX
1758 Multi Vacant Property Anderson SC
Multi Verizon Wireless Anderson SC
1759 Circle K (Kangaroo Express) Havelock NC
1760 Vacant Property Statesville NC
1761 Multi H&R Block Bristol VA
Multi Verizon Wireless Bristol VA
1762 Express Mart Thomasville NC
1763 Dollar General LaFayette LA
1764 Dollar General Youngsville LA
1765 Family Dollar Huntsville AL
1766 Family Dollar Bartlesville OK
1767 Family Dollar Tulsa OK
1768 Jiffy Lube Barrington IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1769 Jiffy Lube Berwyn IL
1770 Jiffy Lube Bolingbrook IL
1771 Jiffy Lube Burbank IL
1772 Jiffy Lube Romeoville IL
1773 Jiffy Lube Auburn MA
1774 Jiffy Lube Ayer MA
1775 Jiffy Lube Worcester MA
1776 Jiffy Lube Plattsburgh NY
1777 Chuck E. Cheese's Birmingham AL
1778 Chuck E. Cheese's Yuma AZ
1779 Chuck E. Cheese's El Centro CA
1780 Chuck E. Cheese's Foothill Ranch CA
1781 Chuck E. Cheese's Englewood CO
1782 Chuck E. Cheese's Littleton CO
1783 Chuck E. Cheese's Jacksonville FL
1784 Chuck E. Cheese's Alpharetta GA
1785 Chuck E. Cheese's Atlanta GA
1786 Chuck E. Cheese's Kennesaw GA
1787 Chuck E. Cheese's Norcross GA
1788 Chuck E. Cheese's Savannah GA
1789 Chuck E. Cheese's Batavia IL
1790 Chuck E. Cheese's Ft. Wayne IN
1791 Chuck E. Cheese's Olathe KS
1792 Chuck E. Cheese's Topeka KS
1793 Chuck E. Cheese's Wichita KS
1794 Chuck E. Cheese's Alexandria LA
1795 Chuck E. Cheese's Lake Charles LA
1796 Chuck E. Cheese's Sterling Heights MI
1797 Chuck E. Cheese's Horn Lake MS
1798 Chuck E. Cheese's Hickory NC
1799 Chuck E. Cheese's Albuquerque NM
1800 Chuck E. Cheese's Miamisburg OH
1801 Chuck E. Cheese's Sharonville OH
1802 Chuck E. Cheese's Oklahoma City OK
1803 Chuck E. Cheese's Columbia SC
1804 Chuck E. Cheese's Greenville SC
1805 Chuck E. Cheese's North Charleston SC
1806 Chuck E. Cheese's Cordova TN
1807 Chuck E. Cheese's Austin TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1808 Chuck E. Cheese's Conroe TX
1809 Chuck E. Cheese's Denton TX
1810 Chuck E. Cheese's Garland TX
1811 Chuck E. Cheese's Grand Prairie TX
1812 Chuck E. Cheese's Grapevine TX
1813 Chuck E. Cheese's Katy TX
1814 Chuck E. Cheese's Killeen TX
1815 Chuck E. Cheese's Longview TX
1816 Chuck E. Cheese's Midland TX
1817 Chuck E. Cheese's N. Richland Hills TX
1818 Chuck E. Cheese's San Antonio TX
1819 Chuck E. Cheese's San Antonio TX
1820 Chuck E. Cheese's Sugarland TX
1821 Chuck E. Cheese's Wichita Falls TX
1822 Chuck E. Cheese's Roanoke VA
1823 Chuck E. Cheese's Virginia Beach VA
1824 Chuck E. Cheese's Madison WI
1825 Chuck E. Cheese's Racine WI
1826 At Home Greenville SC
1827 American Family Care Fort Oglethorpe GA
1828 Bed Bath & Beyond Colonie NY
1829 Dave & Buster's Euless TX
1830 Mattress Firm Pocatello ID
1831 OfficeMax Weatherford TX
1832 Northern Tool Spartanburg SC
1833 Fikes Wholesale Jarrell TX
1834 Fikes Wholesale Hearne TX
1835 Fikes Wholesale Liberty Hill TX
1836 Fikes Wholesale Gladewater TX
1837 Fikes Wholesale Waco TX
1838 Fikes Wholesale Rosebud TX
1839 Fikes Wholesale Temple TX
1840 Fikes Wholesale Killeen TX
1841 Vacant Property Montgomery AL
1842 Movie Tavern Theatre Covington LA
1843 Gerber Collision Estero FL
1844 At Home Hilliard OH
1845 Saltgrass Steakhouse Lewisville TX
1846 Sleep Number Tucson AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1847 Mattress Firm South Jordan UT
1848 AMC Theatre Albuquerque NM
1849 Movie Tavern Theatre Baton Rouge LA
1850 Outback Fultondale AL
1851 Natural Grocers Independence MO
1852 Harbor Freight Tools Plainfield IN
1853 Dollar Tree Marietta GA
1854 Saltgrass Steakhouse Waco TX
1855 LA Fitness Pompano Beach FL
1856 Cinemark Altoona IA
1857 American Family Care Enterprise AL
1858 Gerber Collision Tucson AZ
1859 Gerber Collision Tucson AZ
1860 Taco Bueno Moore OK
1861 Saltgrass Steakhouse Odessa TX
1862 Express Oil Change Boaz AL
1863 Express Oil Change Rainbow City AL
1864 Express Oil Change Gadsden AL
1865 Arby's Madison GA
1866 Bandana's BBQ St. Peters MO
1867 Burger King Colorado Springs CO
1868 Burger King Farmington ME
1869 Burger King Durham NC
1870 Burger King Durham NC
1871 Burger King Clifton Park NY
1872 Arby's Muncie IN
1873 Burger King Yakima WA
1874 Captain D's Tupelo MS
1875 Raising Cane's Houston TX
1876 Dairy Queen Lubbock TX
1877 Denny's (Franchisee) Moab UT
1878 Vacant Property Orange Park FL
1879 Golden Corral Pensacola FL
1880 Golden Corral Davenport IA
1881 Hardee's Warrenton NC
1882 Verizon Wireless Amherst NY
1883 Pizza Hut Bowie TX
1884 Taco Cabana Austin TX
1885 Vacant Property Houston TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1886 Taco Cabana San Antonio TX
1887 Wendy's Lincoln Park MI
1888 Vacant Property North Canton OH
1889 Wendy's Roanoke VA
1890 LA Fitness San Antonio TX
1891 Vacant Property Spokane WA
1892 Vacant Property West Bend WI
1893 Express Oil Change Seffner FL
1894 Big Sky Mattress Helena MT
1895 Road Ranger Loves Park IL
1896 Road Ranger Bensenville IL
1897 Gander Outdoors Lakeville MN
1898 Burger King Fairfield OH
1899 Captain D's Ft. Worth TX
1900 Camping World Anniston AL
1901 Camping World Akron OH
1902 Camping World Richmond IN
1903 TitleMax Crest Hill IL
1904 TitleMax St. Louis MO
1905 Burlington Coat Factory Chesterfield MO
1906 Bell Carolina (Taco Bell) Swansboro NC
1907 Mattress Firm Muncie IN
1908 Mattress Firm Kentwood MI
1909 Express Oil Change Madison AL
1910 Express Oil Change Huntsville AL
1911 Express Oil Change Huntsville AL
1912 AMC Theatre West Jordan UT
1913 Buck's Omaha NE
1914 Main Event San Antonio TX
1915 Main Event Oklahoma City OK
1916 Main Event Tulsa OK
1917 Buck's Council Bluffs IA
1918 Mattress Firm Sandusky OH
1919 At Home San Antonio TX
1920 Jack in the Box Mansfield TX
1921 KFC Vero Beach FL
1922 KFC Sebastian FL
1923 KFC Lake Wales FL
1924 KFC Ft Pierce FL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1925 KFC Ft Pierce FL
1926 KFC Port St Lucie FL
1927 KFC Columbia MO
1928 KFC Belton MO
1929 KFC Oak Grove MO
1930 KFC Port St Lucie FL
1931 KFC Excelsior Springs MO
1932 KFC Cameron MO
1933 LA Fitness Tacoma WA
1934 Camping World Syracuse NY
1935 Camping World Marion NC
1936 LA Fitness Plymouth MI
1937 LA Fitness Antioch CA
1938 MedExpress Urgent Care Rogers AR
1939 MedExpress Urgent Care Russellville AR
1940 MedExpress Urgent Care Benton AR
1941 Mattress Firm Fort Collins CO
1942 Goodyear Truck & Tire Walcott IA
1943 Frisch's Big Boy Middletown OH
1944 Frisch's Big Boy Franklin OH
1945 Frisch's Big Boy Dayton OH
1946 Frisch's Big Boy Dayton OH
1947 Frisch's Big Boy Cincinnati OH
1948 Frisch's Big Boy Cincinnati OH
1949 Frisch's Big Boy Cincinnati OH
1950 Frisch's Big Boy Cincinnati OH
1951 Frisch's Big Boy Franklin OH
1952 Frisch's Big Boy Dayton OH
1953 Frisch's Big Boy Hamilton OH
1954 Frisch's Big Boy Englewood OH
1955 Frisch's Big Boy Dayton OH
1956 Frisch's Big Boy Greensburg IN
1957 Frisch's Big Boy New Albany IN
1958 Frisch's Big Boy Lawrenceburg IN
1959 Frisch's Big Boy Dayton OH
1960 Frisch's Big Boy Gahanna OH
1961 Frisch's Big Boy Cincinnati OH
1962 Frisch's Big Boy Washington OH
1963 Frisch's Big Boy Cincinnati OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
1964 Frisch's Big Boy Cold Spring KY
1965 Frisch's Big Boy Hillsboro OH
1966 Frisch's Big Boy Louisville KY
1967 Frisch's Big Boy Cincinnati OH
1968 Frisch's Big Boy Shepherdsville KY
1969 Frisch's Big Boy Loveland OH
1970 Frisch's Big Boy Milford OH
1971 Frisch's Big Boy Groveport OH
1972 Frisch's Big Boy Urbana OH
1973 Frisch's Big Boy Bethel OH
1974 Frisch's Big Boy Lexington KY
1975 Frisch's Big Boy Fairborn OH
1976 Frisch's Big Boy Harrison OH
1977 Frisch's Big Boy Springfield OH
1978 Frisch's Big Boy Louisville KY
1979 Frisch's Big Boy Cincinnati OH
1980 Frisch's Big Boy Hamilton OH
1981 Frisch's Big Boy Cincinnati OH
1982 Frisch's Big Boy Cincinnati OH
1983 Frisch's Big Boy Erlanger KY
1984 Frisch's Big Boy Cincinnati OH
1985 Frisch's Big Boy Burlington KY
1986 Frisch's Big Boy Cincinnati OH
1987 Frisch's Big Boy Miamisburg OH
1988 Frisch's Big Boy Fairfield OH
1989 Frisch's Big Boy Loveland OH
1990 Frisch's Big Boy Cincinnati OH
1991 Frisch's Big Boy Florence KY
1992 Frisch's Big Boy Mason OH
1993 Frisch's Big Boy Xenia OH
1994 Frisch's Big Boy Troy OH
1995 Frisch's Big Boy Batavia OH
1996 Frisch's Big Boy Florence KY
1997 Frisch's Big Boy Lebanon OH
1998 Frisch's Big Boy Winchester KY
1999 Frisch's Big Boy Dayton OH
2000 Frisch's Big Boy Independence KY
2001 Frisch's Big Boy Heath OH
2002 Frisch's Big Boy Cincinnati OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2003 Frisch's Big Boy Lexington KY
2004 Frisch's Big Boy Cincinnati OH
2005 Frisch's Big Boy Eaton OH
2006 Frisch's Big Boy Maysville KY
2007 Frisch's Big Boy Covington KY
2008 Frisch's Big Boy Cincinnati OH
2009 Frisch's Big Boy Wilmington OH
2010 Frisch's Big Boy Cincinnati OH
2011 Frisch's Big Boy Fort Mitchell KY
2012 Frisch's Big Boy Grove City OH
2013 Frisch's Big Boy Lancaster OH
2014 Frisch's Big Boy Tipp City OH
2015 Frisch's Big Boy Middletown OH
2016 Frisch's Big Boy Marysville OH
2017 Goodyear Truck & Tire S. Beloit IL
2018 MedExpress Urgent Care Hot Springs AR
2019 Insurance Auto Auctions Bergen NY
2020 Camping World Jackson MS
2021 Bob's Discount Furniture Merrillville IN
2022 Mister Car Wash Brooklyn Park MN
2023 MedExpress Urgent Care Salina KS
2024 KFC Lisle IL
2025 KFC Lockport IL
2026 KFC Yorkville IL
2027 KFC Sandwich IL
2028 Captain D's Kingsland GA
2029 Walgreens Durham NC
2030 Charleston Auto Auction Moncks Corner SC
2031 Goodyear Truck & Tire Eloy AZ
2032 MedExpress Urgent Care Lehigh Acres FL
2033 Jack's Blounstville AL
2034 Saltgrass Steakhouse Lubbock TX
2035 Jack's Centre AL
2036 Jack's Collinsville AL
2037 Jack's Demopolis AL
2038 Jack's Hanceville AL
2039 Jack's Geraldine AL
2040 Jack's Guin AL
2041 Jack's Holly Pond AL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2042 Jack's Jasper AL
2043 Jack's Ohatchee AL
2044 Jack's Scottsboro AL
2045 Mister Car Wash Lake Mary FL
2046 Mister Car Wash Melbourne FL
2047 Mister Car Wash Sanford FL
2048 Fikes Wholesale Temple TX
2049 Fikes Wholesale Lott TX
2050 Fikes Wholesale Hamilton TX
2051 Fikes Wholesale Covington TX
2052 Fikes Wholesale Salado TX
2053 Fikes Wholesale Vernon TX
2054 Fikes Wholesale Claude TX
2055 Captain D's Dothan AL
2056 Main Event Fort Worth TX
2057 Main Event Louisville KY
2058 Main Event Independence MO
2059 MedExpress Urgent Care North Little Rock AR
2060 Natural Grocers Oklahoma City OK
2061 Vacant Property Garland TX
2062 MedExpress Urgent Care Little Rock AR
2063 Captain D's Boiling Springs SC
2064 Main Event Olathe KS
2065 Main Event West Chester OH
2066 Bell Great Lakes (Taco Bell) Mundelein IL
2067 Bell Great Lakes (Taco Bell) Round Lake Beach IL
2068 Bell Great Lakes (Taco Bell) McHenry IL
2069 Bell Great Lakes (Taco Bell) Fox Lake IL
2070 Bell Great Lakes (Taco Bell) Buffalo Grove IL
2071 Bell Great Lakes (Taco Bell) Freeport IL
2072 Bell Great Lakes (Taco Bell) Portage WI
2073 Bell Great Lakes (Taco Bell) West Baraboo WI
2074 Bell Great Lakes (Taco Bell) Monroe WI
2075 Bell Great Lakes (Taco Bell) Wisconsin Dells WI
2076 Bell Great Lakes (Taco Bell) Rockford IL
2077 Bell Great Lakes (Taco Bell) Waukegan IL
2078 Bell Great Lakes (Taco Bell) Lake In The Hills IL
2079 Bell Great Lakes (Taco Bell) Lindenhurst IL
2080 Bell Great Lakes (Taco Bell) Mundelein IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2081 Bell Great Lakes (Taco Bell) Wheeling IL
2082 Bell Great Lakes (Taco Bell) Wauconda IL
2083 Bell Great Lakes (Taco Bell) Zion IL
2084 Bell Great Lakes (Taco Bell) Winnebago IL
2085 Bell Great Lakes (Taco Bell) Roscoe IL
2086 Bell Great Lakes (Taco Bell) Lake Delton WI
2087 Bell Great Lakes (Taco Bell) Richland Center WI
2088 Bell Great Lakes (Taco Bell) South Bend IN
2089 Bell Great Lakes (Taco Bell) St. Joseph MI
2090 Bell Great Lakes (Taco Bell) Columbia City IN
2091 Bell Great Lakes (Taco Bell) Kendallville IN
2092 Bell Great Lakes (Taco Bell) Rochester IN
2093 Bell Great Lakes (Taco Bell) Knox IN
2094 Bell Great Lakes (Taco Bell) Edwardsburg MI
2095 Bell Great Lakes (Taco Bell) Nappanee IN
2096 Bell Great Lakes (Taco Bell) Dowagiac MI
2097 Bell Great Lakes (Taco Bell) Watervliet MI
2098 Bell Great Lakes (Taco Bell) Ligonier IN
2099 Bell Great Lakes (Taco Bell) Roseland IN
2100 Bell Great Lakes (Taco Bell) Elkhart IN
2101 Bell Great Lakes (Taco Bell) South Bend IN
2102 Bell Great Lakes (Taco Bell) South Bend IN
2103 Speedy Cash Chicago IL
2104 BJ's Wholesale Club Cape Coral FL
2105 LA Fitness Round Rock TX
2106 Fikes Wholesale Milton FL
2107 BJ's Wholesale Club Voorhees NJ
2108 Bob Evans Rio Grande OH
2109 Bob Evans Cincinnati OH
2110 Bob Evans Cincinnati OH
2111 Bob Evans Mentor OH
2112 Bob Evans Gahanna OH
2113 Bob Evans Indianapolis IN
2114 Bob Evans Madison Heights MI
2115 Bob Evans Merrillville IN
2116 Bob Evans Indianapolis IN
2117 Bob Evans Canton MI
2118 Bob Evans Lexington KY
2119 Bob Evans Brook Park OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2120 Bob Evans Zanesville OH
2121 Bob Evans Mansfield OH
2122 Bob Evans Clarksville IN
2123 Bob Evans Livonia MI
2124 Bob Evans Dearborn MI
2125 Bob Evans Perrysburg OH
2126 Bob Evans Camby IN
2127 Bob Evans Columbus OH
2128 Bob Evans Columbus IN
2129 Bob Evans Dublin OH
2130 Bob Evans Marion IL
2131 Bob Evans St. Petersburg FL
2132 Bob Evans St. Louis MO
2133 Bob Evans Indianapolis IN
2134 Bob Evans Ocala FL
2135 Bob Evans Clearwater FL
2136 Bob Evans Heath OH
2137 Bob Evans Saginaw MI
2138 Bob Evans Holland OH
2139 Bob Evans Cross Lanes WV
2140 Bob Evans Medina OH
2141 Bob Evans Romulus MI
2142 Bob Evans Benton Harbor MI
2143 Bob Evans Festus MO
2144 Bob Evans Toledo OH
2145 Bob Evans Morgantown WV
2146 Bob Evans Beckley WV
2147 Bob Evans Martinsburg WV
2148 Bob Evans Baltimore MD
2149 Bob Evans Columbus OH
2150 Bob Evans Amherst NY
2151 Bob Evans Bel Air MD
2152 Bob Evans Somerset KY
2153 Bob Evans Frederick MD
2154 Bob Evans Watertown NY
2155 Bob Evans Blue Springs MO
2156 Bob Evans Dublin OH
2157 Bob Evans Salisbury MD
2158 Bob Evans Fort Wayne IN
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2159 Bob Evans Columbia MO
2160 Bob Evans Gaylord MI
2161 Bob Evans Princeton WV
2162 Bob Evans Laurel MD
2163 Bob Evans Pickerington OH
2164 Bob Evans Logan WV
2165 Bob Evans Fairfield OH
2166 Bob Evans West Chester OH
2167 Bob Evans Woodhaven MI
2168 Bob Evans Maumee OH
2169 Bob Evans Lewis Center OH
2170 Bob Evans Perrysburg OH
2171 Bob Evans Lansing MI
2172 Bob Evans New Albany OH
2173 Bob Evans Jacksonville FL
2174 Bob Evans Port Orange FL
2175 Bob Evans Greenwood IN
2176 Bob Evans Jackson MI
2177 Bob Evans Louisville KY
2178 Bob Evans Beavercreek OH
2179 Bob Evans Groveport OH
2180 Bob Evans Chesterfield Twp MI
2181 Bob Evans Franklin IN
2182 Bob Evans Richmond IN
2183 Bob Evans Ashland KY
2184 Bob Evans Fort Wayne IN
2185 Bob Evans Lewisburg WV
2186 Bob Evans Zanesville OH
2187 Bob Evans Waldorf MD
2188 Bob Evans Powell OH
2189 Bob Evans Hillsboro OH
2190 Bob Evans London OH
2191 Bob Evans Linthicum Heights MD
2192 Bob Evans South Bloomfield OH
2193 Bob Evans Ocala FL
2194 Bob Evans Lakeland FL
2195 Bob Evans Clermont FL
2196 Bob Evans Fayetteville WV
2197 Bob Evans South Euclid OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2198 Bob Evans Washington C H OH
2199 Bob Evans Wilmington OH
2200 Bob Evans Oxford OH
2201 Bob Evans Greenfield IN
2202 Bob Evans Logansport IN
2203 Bob Evans Chillicothe OH
2204 Bob Evans Jamestown NY
2205 Bob Evans Wooster OH
2206 Bob Evans Waverly OH
2207 Bob Evans Batavia NY
2208 Bob Evans Marion IN
2209 Bob Evans Canton MI
2210 Bob Evans Stafford VA
2211 Bob Evans Beachwood OH
2212 Bob Evans Coldwater MI
2213 Bob Evans Corning NY
2214 Express Oil Change Houston TX
2215 Jack's Pinson AL
2216 Jack's Fyffe AL
2217 Jack's Lafayette AL
2218 Taco Bueno Flower Mound TX
2219 MedExpress Urgent Care Swansea IL
2220 Express Oil Change Tampa FL
2221 XLerate Auto Auction El Paso TX
2222 Main Event Hoffman Estates IL
2223 Main Event Suwanee GA
2224 Main Event Albuquerque NM
2225 Natural Grocers Vancouver WA
2226 Saltgrass Steakhouse Baytown TX
2227 MedExpress Urgent Care Derby KS
2228 Sleepy's Old Saybrook CT
2229 Sleepy's Waterford CT
2230 Sleepy's Watchung NJ
2231 Sleepy's Bay Shore NY
2232 Sleepy's Bridgehampton NY
2233 Sleepy's Farmingdale NY
2234 Sleepy's Huntington Station NY
2235 Sleepy's Middletown NY
2236 Sleepy's Rockville Centre NY
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2237 Sleepy's Hasbrouck Heights NJ
2238 Sleepy's Ledgewood NJ
2239 Sleepy's Somers Point NJ
2240 QuikTrip Fountain Inn SC
2241 MedExpress Urgent Care Alton IL
2242 City Barbeque Charlotte NC
2243 Caliber Collision San Antonio TX
2244 Caliber Collision Duluth GA
2245 MedExpress Urgent Care Pine Bluff AR
2246 Harbor Freight Tools Houma LA
2247 MedExpress Urgent Care Collinsville IL
2248 MedExpress Urgent Care Wichita KS
2249 MedExpress Urgent Care Wichita KS
2250 Natural Grocers South Jordan UT
2251 Multi Bob's Discount Furniture North Olmsted OH
Multi Verizon Wireless North Olmsted OH
2252 MedExpress Urgent Care Fort Myers FL
2253 QuikTrip Charlotte NC
2254 Mister Car Wash Tampa FL
2255 Sleep Number Billings MT
2256 Insurance Auto Auctions Eminence KY
2257 Mister Car Wash Clermont FL
2258 Insurance Auto Auctions Meridian ID
2259 Mattress Firm Wooster OH
2260 Saltgrass Steakhouse Corpus Christi TX
2261 XLerate Auto Auction Jenison MI
2262 Saltgrass Steakhouse Tyler TX
2263 Jiffi Stop Bowen IL
2264 Jiffi Stop Jacksonville IL
2265 Jiffi Stop Quincy IL
2266 Jiffi Stop Barry IL
2267 Jiffi Stop Carrollton IL
2268 Jiffi Stop Griggsville IL
2269 Jiffi Stop Pittsfield IL
2270 Jiffi Stop Pleasant Hill IL
2271 Jiffi Stop Quincy IL
2272 Jiffi Stop Quincy IL
2273 Jiffi Stop Springfield IL
2274 Jiffi Stop Springfield IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2275 Jiffi Stop Springfield IL
2276 Jiffi Stop Springfield IL
2277 Jiffi Stop Taylor MO
2278 Life Time Fitness Framingham MA
2279 Life Time Fitness Gaithersburg MD
2280 LA Fitness Roswell GA
2281 Express Oil Change West Point MS
2282 Main Event Kansas City MO
2283 Main Event Humble TX
2284 Captain D's Eastman GA
2285 Captain D's Fort Valley GA
2286 Captain D's Augusta GA
2287 Captain D's Augusta GA
2288 Captain D's Perry GA
2289 Captain D's Augusta GA
2290 Captain D's Augusta GA
2291 Captain D's Macon GA
2292 Insurance Auto Auctions Flint MI
2293 MedExpress Urgent Care Grand Rapids MI
2294 MedExpress Urgent Care Naples FL
2295 QuikTrip Marietta GA
2296 Fikes Wholesale Giddings TX
2297 Mister Car Wash Lakeland FL
2298 XLerate Auto Auction Lubbock TX
2299 Fikes Wholesale Daphne AL
2300 Fikes Wholesale Foley AL
2301 CrossAmerica Lincolnshire IL
2302 CrossAmerica Antioch IL
2303 CrossAmerica Spring Grove IL
2304 CrossAmerica Grayslake IL
2305 CrossAmerica Wauconda IL
2306 CrossAmerica Fox Lake IL
2307 CrossAmerica Richton Park IL
2308 CrossAmerica Rockford IL
2309 CrossAmerica Rockford IL
2310 CrossAmerica Loves Park IL
2311 CrossAmerica Rockford IL
2312 CrossAmerica Matteson IL
2313 CrossAmerica Joliet IL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2314 CrossAmerica Orland Park IL
2315 CrossAmerica Markham IL
2316 CrossAmerica Wadsworth IL
2317 Harbor Freight Tools McKinney TX
2318 MedExpress Urgent Care Duluth MN
2319 Main Event Gilbert AZ
2320 Captain D's Baton Rouge LA
2321 LA Fitness Lakeland FL
2322 Captain D's Columbia SC
2323 Fikes Wholesale Hewitt TX
2324 Fikes Wholesale Belton TX
2325 Dave & Buster's Florence KY
2326 Dave & Buster's Little Rock AR
2327 Denny's (Franchisee) Ft Walton Beach FL
2328 Mister Car Wash Wyoming MI
2329 Mister Car Wash Grand Rapids MI
2330 Mister Car Wash Comstock Park MI
2331 Mister Car Wash Grand Rapids MI
2332 Mister Car Wash Grand Rapids MI
2333 Mister Car Wash Grand Rapids MI
2334 Pet Paradise Wesley Chapel FL
2335 T-Mobile El Reno OK
2336 Cobb Theatre Tallahassee FL
2337 Roadrunner Markets Bristol VA
2338 Roadrunner Markets Abingdon VA
2339 Roadrunner Markets Abingdon VA
2340 Roadrunner Markets Asheville NC
2341 Roadrunner Markets Asheville NC
2342 Roadrunner Markets Columbus NC
2343 Roadrunner Markets Columbus NC
2344 Roadrunner Markets Landrum SC
2345 Roadrunner Markets Asheville NC
2346 Roadrunner Markets Chilhowie VA
2347 Roadrunner Markets Lebanon VA
2348 Roadrunner Markets Waynesville NC
2349 Roadrunner Markets Bristol VA
2350 Roadrunner Markets Abingdon VA
2351 Roadrunner Markets Bristol VA
2352 Roadrunner Markets Marion VA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2353 Roadrunner Markets Bristol VA
2354 Roadrunner Markets Glade Spring VA
2355 Roadrunner Markets Abingdon VA
2356 Roadrunner Markets Rural Retreat VA
2357 Roadrunner Markets Bristol VA
2358 Roadrunner Markets Abingdon VA
2359 Roadrunner Markets Lebanon VA
2360 Taco Bueno Sulphur Springs TX
2361 Service King The Colony TX
2362 Patient First Virginia Beach VA
2363 Patient First Chesapeake VA
2364 Express Oil Change Tupelo MS
2365 Express Oil Change Tupelo MS
2366 Captain D's Canton GA
2367 Raising Cane's Centennial CO
2368 Captain D's Milwaukee WI
2369 Boot Barn Lake Charles LA
2370 Carvana Austin TX
2371 Captain D's Sumter SC
2372 Captain D's Lugoff SC
2373 Captain D's Orangeburg SC
2374 Captain D's North Augusta SC
2375 Camping World Thornburg VA
2376 Camping World Davenport IA
2377 Heartland Dental Greer SC
2378 Bob's Discount Furniture Wharton NJ
2379 Cheddar's Cafe Asheville NC
2380 Cheddar's Cafe Morgantown WV
2381 Cheddar's Cafe Triadelphia WV
2382 Sonic Huntsville AL
2383 Sonic Huntsville AL
2384 Sonic Prattville AL
2385 Sonic Muscle Shoals AL
2386 Sonic Athens AL
2387 Sonic Phenix City AL
2388 Sonic Madison AL
2389 Sonic Auburn AL
2390 Sonic Columbus GA
2391 Sonic Florence AL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2392 Sonic Marion VA
2393 Sonic Decatur AL
2394 Sonic Huntsville AL
2395 Sonic Montgomery AL
2396 Sonic Madison AL
2397 Sonic Huntsville AL
2398 Sonic Florence AL
2399 Sonic Columbus GA
2400 Sonic Auburn AL
2401 Sonic Millbrook AL
2402 Sonic Moulton AL
2403 Sonic Opelika AL
2404 Sonic Hampton Cove AL
2405 Sonic Roanoke VA
2406 Sonic Montgomery AL
2407 Sonic Norton VA
2408 Sonic Huntsville AL
2409 Sonic Danville VA
2410 Sonic Bedford VA
2411 Sonic North Tazewell VA
2412 Sonic Lanett AL
2413 Tire Engineers Amarillo TX
2414 MedExpress Urgent Care Hadley MA
2415 MedExpress Urgent Care Richmond VA
2416 Tire Engineers Lexington SC
2417 Tire Engineers Orangeburg SC
2418 Tire Engineers Columbia SC
2419 Tire Engineers Columbia SC
2420 Tire Engineers West Columbia SC
2421 Cheddar's Cafe Charlotte NC
2422 MedExpress Urgent Care Bemidji MN
2423 TopGolf Chesterfield MO
2424 QuikTrip Alpharetta GA
2425 Saltgrass Steakhouse Oklahoma City OK
2426 Saltgrass Steakhouse Pasadena TX
2427 MedExpress Urgent Care Hagerstown MD
2428 Main Event Highlands Ranch CO
2429 Kay Jeweler's Farmington MO
2430 TopGolf Tucson AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2431 Main Event Avon OH
2432 QuikTrip Roswell GA
2433 Tire Engineers Pooler GA
2434 Academy Baton Rouge LA
2435 Saltgrass Steakhouse Sherwood AR
2436 Harbor Freight Tools Marion IN
2437 LA Fitness Livonia MI
2438 Saltgrass Steakhouse Little Rock AR
2439 Cinemark Abilene TX
2440 MedExpress Urgent Care Jenison MI
2441 MedExpress Urgent Care Rochester MN
2442 Captain D's Crestview FL
2443 Herc Rentals Little Rock AR
2444 Herc Rentals Springdale AR
2445 Herc Rentals Gilbert AZ
2446 Herc Rentals Phoenix AZ
2447 Herc Rentals Anaheim CA
2448 Herc Rentals Carson CA
2449 Herc Rentals Foothill Ranch CA
2450 Herc Rentals Roseville CA
2451 Herc Rentals San Diego CA
2452 Herc Rentals West Sacramento CA
2453 Herc Rentals Henderson CO
2454 Herc Rentals Lakeland FL
2455 Herc Rentals Miami FL
2456 Herc Rentals Orlando FL
2457 Herc Rentals Pensacola FL
2458 Herc Rentals Riviera Beach FL
2459 Herc Rentals Sarasota FL
2460 Herc Rentals Tampa FL
2461 Herc Rentals Athens GA
2462 Herc Rentals Augusta GA
2463 Herc Rentals Macon GA
2464 Herc Rentals Norcross GA
2465 Herc Rentals Savannah GA
2466 Herc Rentals Boston MA
2467 Herc Rentals Baltimore MD
2468 Herc Rentals Springfield MO
2469 Herc Rentals Richland MS
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2470 Herc Rentals Arden NC
2471 Herc Rentals Charlotte NC
2472 Herc Rentals Fayetteville NC
2473 Herc Rentals Greensboro NC
2474 Herc Rentals Raleigh NC
2475 Herc Rentals Las Vegas NV
2476 Herc Rentals Cincinnati OH
2477 Herc Rentals Columbus OH
2478 Herc Rentals Oklahoma City OK
2479 Herc Rentals Austin TX
2480 Herc Rentals Beaumont TX
2481 Herc Rentals Deer Park TX
2482 Herc Rentals Houston TX
2483 Herc Rentals Texas City TX
2484 Herc Rentals Virginia Beach VA
2485 Express Oil Change Canton GA
2486 Express Oil Change Jasper AL
2487 PetSmart Rock Hill SC
2488 PetSuites Chesapeake VA
2489 Vacant Property Arvada CO
2490 Ruby Tuesday Vidalia GA
2491 Vacant Property Leeds AL
2492 Vacant Property Columbia MD
2493 Ruby Tuesday Orangeburg SC
2494 Ruby Tuesday Florence SC
2495 Ruby Tuesday St. Augustine FL
2496 Vacant Property Ashland KY
2497 Ruby Tuesday Kingsland GA
2498 Vacant Property Fuquay-Varina NC
2499 Ruby Tuesday Austintown OH
2500 Ruby Tuesday Jacksonville FL
2501 Vacant Property Roanoke VA
2502 Ruby Tuesday Troy AL
2503 Vacant Property Farmville VA
2504 Ruby Tuesday Concord NC
2505 Ruby Tuesday Fayetteville NC
2506 Vacant Property Athens AL
2507 Ruby Tuesday Americus GA
2508 Ruby Tuesday New Bern NC
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2509 Ruby Tuesday Bedford VA
2510 Ruby Tuesday Hopewell VA
2511 Ruby Tuesday Inverness FL
2512 Ruby Tuesday Big Rapids MI
2513 Ruby Tuesday Waterville ME
2514 Ruby Tuesday Royal Palm Beach FL
2515 Ruby Tuesday New Port Richey FL
2516 Ruby Tuesday Zephyrhills FL
2517 Ruby Tuesday Lincoln NE
2518 Ruby Tuesday North Platte NE
2519 Ruby Tuesday Warsaw IN
2520 Ruby Tuesday Edinburgh IN
2521 Ruby Tuesday Indianapolis IN
2522 Vacant Property Terre Haute IN
2523 Ruby Tuesday Branson MO
2524 Dollar General Daytona Beach Shores FL
2525 Tire Kingdom Sanford FL
2526 Scotchman Shelby NC
2527 Scotchman Rutherfordton NC
2528 Scotchman Shelby NC
2529 Scotchman Rutherfordton NC
2530 Scotchman Rock Hill SC
2531 Scotchman Kings Mountain NC
2532 Scotchman Hudson NC
2533 QuikTrip Concord NC
2534 Mavis Tire Supply (Mavis Discount Tire) N. Plainfield NJ
2535 Mavis Tire Supply (Mavis Discount Tire) Raritan NJ
2536 PetSuites Winter Springs FL
2537 Mavis Tire Supply (Kauffman Tire) Alpharetta GA
2538 Mavis Tire Supply (Kauffman Tire) Douglasville GA
2539 Mavis Tire Supply (Kauffman Tire) McDonough GA
2540 Mavis Tire Supply (Kauffman Tire) Lilburn GA
2541 Mavis Tire Supply (Kauffman Tire) Alpharetta GA
2542 Mavis Tire Supply (Kauffman Tire) Lawrenceville GA
2543 Mavis Tire Supply (Kauffman Tire) Covington GA
2544 Mavis Tire Supply (Kauffman Tire) Valdosta GA
2545 Mavis Tire Supply (Kauffman Tire) Athens GA
2546 Mavis Tire Supply (Kauffman Tire) Bradenton FL
2547 Mavis Tire Supply (Kauffman Tire) New Port Richey FL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2548 Mavis Tire Supply (Kauffman Tire) Loganville GA
2549 Mavis Tire Supply (Kauffman Tire) Stockbridge GA
2550 Mavis Tire Supply (Kauffman Tire) Cumming GA
2551 Mavis Tire Supply (Kauffman Tire) Lawrenceville GA
2552 Mavis Tire Supply (Kauffman Tire) Kennesaw GA
2553 Mavis Tire Supply (Kauffman Tire) Marietta GA
2554 Mavis Tire Supply (Kauffman Tire) Alpharetta GA
2555 Mavis Tire Supply (Kauffman Tire) Hiram GA
2556 Saltgrass Steakhouse Tulsa OK
2557 Mister Car Wash Columbia Heights MN
2558 TopGolf Glendale AZ
2559 Mavis Tire Supply (Sun Tire) Orange Park FL
2560 Mavis Tire Supply (Sun Tire) Jacksonville FL
2561 Mavis Tire Supply (Sun Tire) Jacksonville FL
2562 Mavis Tire Supply (Sun Tire) Jacksonville FL
2563 Mavis Tire Supply (Sun Tire) Jacksonville FL
2564 Mavis Tire Supply (Sun Tire) Tallahassee FL
2565 Mavis Tire Supply (Sun Tire) Orange Park FL
2566 Mavis Tire Supply (Sun Tire) Jacksonville FL
2567 Mavis Tire Supply (Sun Tire) Tallahassee FL
2568 Mavis Tire Supply (Sun Tire) Middleburg FL
2569 Mavis Tire Supply (Sun Tire) Jacksonville FL
2570 Mavis Tire Supply (Auto Spot) Jacksonville FL
2571 Mavis Tire Supply (Auto Spot) Jacksonville FL
2572 Wendy's Ashland OH
2573 Wendy's Ashland OH
2574 Wendy's Bellevue OH
2575 Wendy's Bluffton OH
2576 Wendy's Bucyrus OH
2577 Wendy's Millersburg OH
2578 Wendy's New Bremen OH
2579 Wendy's Norwalk OH
2580 Wendy's Ottawa OH
2581 Wendy's Parma OH
2582 Wendy's Shelby OH
2583 Wendy's Upper Sandusky OH
2584 Wendy's Willard OH
2585 Wendy's Wooster OH
2586 Wendy's Wooster OH
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2587 Wenco HQ Ashland OH
2588 Saltgrass Steakhouse Hoover AL
2589 BJ's Wholesale Club Manchester NH
2590 Harbor Freight Tools Sandusky OH
2591 Saltgrass Steakhouse Covington LA
2592 E-Z Mart Ashdown AR
2593 E-Z Mart Texarkana TX
2594 E-Z Mart Broken Bow OK
2595 E-Z Mart Talihina OK
2596 E-Z Mart Kilgore TX
2597 E-Z Mart Texarkana AR
2598 E-Z Mart Andrews TX
2599 E-Z Mart Durant OK
2600 E-Z Mart Foreman AR
2601 E-Z Mart Broken Bow OK
2602 E-Z Mart Queen City TX
2603 E-Z Mart Pittsburg TX
2604 E-Z Mart Broken Arrow OK
2605 E-Z Mart Durant OK
2606 E-Z Mart Longview TX
2607 E-Z Mart Red Oak OK
2608 E-Z Mart Nash TX
2609 E-Z Mart Davis OK
2610 E-Z Mart Texarkana AR
2611 E-Z Mart Texarkana AR
2612 E-Z Mart Idabel OK
2613 E-Z Mart Mineral Wells TX
2614 E-Z Mart Monticello AR
2615 E-Z Mart Cleburne TX
2616 E-Z Mart Gladewater TX
2617 E-Z Mart Hugo OK
2618 E-Z Mart Spiro OK
2619 E-Z Mart McAlester OK
2620 E-Z Mart Harrah OK
2621 E-Z Mart Hot Springs AR
2622 E-Z Mart Arlington TX
2623 E-Z Mart Paris TX
2624 E-Z Mart Fayetteville AR
2625 E-Z Mart Sulphur Springs TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2626 E-Z Mart Hartshorne OK
2627 E-Z Mart Hot Springs AR
2628 E-Z Mart Texarkana AR
2629 E-Z Mart Longview TX
2630 E-Z Mart Little Rock AR
2631 E-Z Mart Edmond OK
2632 E-Z Mart Texarkana AR
2633 E-Z Mart Mountain Home AR
2634 E-Z Mart Springdale AR
2635 E-Z Mart Mountain Home AR
2636 E-Z Mart Little Rock AR
2637 E-Z Mart Springdale AR
2638 E-Z Mart Lubbock TX
2639 E-Z Mart Hot Springs AR
2640 Big Lots Webster Groves MO
2641 Miller's Ale House Norridge IL
2642 Saltgrass Steakhouse The Colony TX
2643 Express Oil Change Hurst TX
2644 Mavis Tire Supply (Kauffman Tire) Brunswick GA
2645 Mavis Tire Supply (Kauffman Tire) Canton GA
2646 Mavis Tire Supply (Kauffman Tire) Midland GA
2647 Mavis Tire Supply (Kauffman Tire) Cordele GA
2648 Mavis Tire Supply (DeKalb Tire) Cumming GA
2649 Cooper's Hawk New Lenox IL
2650 Mavis Tire Supply (Mavis Discount Tire) Coram NY
2651 Arby's Conway AR
2652 Arby's Little Rock AR
2653 Arby's Fort Smith AR
2654 Arby's Siloam Springs AR
2655 Arby's Hot Springs AR
2656 Arby's Bentonville AR
2657 Arby's Cabot AR
2658 Arby's Fayetteville AR
2659 Arby's Van Buren AR
2660 Arby's Sallisaw OK
2661 Arby's Greenwood AR
2662 Arby's Fayetteville AR
2663 Arby's North Little Rock AR
2664 Arby's Little Rock AR
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2665 Arby's Colorado Springs CO
2666 Arby's Fountain CO
2667 Arby's Greeley CO
2668 Arby's Eagle ID
2669 Arby's Independence MO
2670 Arby's Mission KS
2671 Arby's Harrisonville MO
2672 Arby's Kearney MO
2673 Arby's Platte City MO
2674 Arby's Clinton MO
2675 Arby's Topeka KS
2676 Arby's Lansing KS
2677 Arby's Independence MO
2678 Arby's Kansas City MO
2679 Arby's Manhattan KS
2680 Arby's Shawnee OK
2681 Arby's Edmond OK
2682 Arby's Midwest City OK
2683 Arby's Midwest City OK
2684 Arby's Ada OK
2685 Arby's Moore OK
2686 Arby's Altus OK
2687 Arby's Mustang OK
2688 Arby's Woodward OK
2689 Arby's Lawton OK
2690 Arby's Norman OK
2691 Arby's Weatherford OK
2692 Arby's Guthrie OK
2693 Arby's Oklahoma City OK
2694 Arby's Moore OK
2695 Arby's Newcastle OK
2696 Arby's Ardmore OK
2697 Arby's Choctaw OK
2698 Arby's Pittsburg KS
2699 Arby's Harrison AR
2700 Arby's Nixa MO
2701 Arby's Boonville MO
2702 Arby's Neosho MO
2703 Arby's Osage Beach MO
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2704 Arby's St. Louis MO
2705 Arby's Mehlville MO
2706 Arby's Edwardsville IL
2707 Arby's Jerseyville IL
2708 Arby's Godfrey IL
2709 Arby's Litchfield IL
2710 Arby's Union MO
2711 Arby's Vandalia IL
2712 Arby's Tulsa OK
2713 Arby's Sapulpa OK
2714 Arby's Sand Springs OK
2715 Arby's Broken Arrow OK
2716 Arby's Tulsa OK
2717 Arby's Tulsa OK
2718 Arby's Claremore OK
2719 Arby's Tulsa OK
2720 Arby's Muskogee OK
2721 Arby's Tulsa OK
2722 Arby's Glenpool OK
2723 Arby's Wagoner OK
2724 Arby's Tulsa OK
2725 Arby's Broken Arrow OK
2726 Arby's Coffeyville KS
2727 Arby's Wichita KS
2728 Arby's Hutchinson KS
2729 Arby's Hays KS
2730 Arby's Arkansas City KS
2731 Arby's Derby KS
2732 Arby's Wichita KS
2733 Arby's El Dorado KS
2734 Arby's Hutchinson KS
2735 Arby's Wichita KS
2736 Arby's Concordia KS
2737 Arby's Park City KS
2738 Sleep Number Dublin OH
2739 Joe Hudson's Collision Center Birmingham AL
2740 Express Oil Change Hampton Cove AL
2741 Harbor Freight Tools Rogers AR
2742 Harbor Freight Tools Casa Grande AZ
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2743 Harbor Freight Tools Lake City FL
2744 Harbor Freight Tools Palm Harbor FL
2745 Harbor Freight Tools Sebring FL
2746 Harbor Freight Tools Howell MI
2747 Harbor Freight Tools Hillsboro OH
2748 Harbor Freight Tools Reynoldsburg OH
2749 Harbor Freight Tools Steubenville OH
2750 Harbor Freight Tools Troy OH
2751 Harbor Freight Tools Warren OH
2752 Harbor Freight Tools Zanesville OH
2753 Mister Car Wash Colorado Springs CO
2754 PetSuites Suwanee GA
2755 Dave & Buster's Tampa FL
2756 Express Oil Change Dyer IN
2757 Caliber Collision Schiller Park IL
2758 Caliber Collision Naperville IL
2759 Caliber Collision Naperville IL
2760 Belle Tire Michigan City IN
2761 Belle Tire Midland MI
2762 Belle Tire Lapeer MI
2763 Belle Tire Lansing MI
2764 Belle Tire Muskegon MI
2765 Belle Tire Mt. Pleasant MI
2766 Belle Tire Northville MI
2767 Mavis Tire Supply (Mavis Discount Tire) Clearwater FL
2768 Camping World Anderson CA
2769 Camping World Oklahoma City OK
2770 Camping World Greenwood IN
2771 Camping World Lubbock TX
2772 Camping World Dothan AL
2773 Camping World Bartow FL
2774 Camping World Newport News VA
2775 Mister Car Wash Atwater CA
2776 Mister Car Wash Ceres CA
2777 Mister Car Wash Los Banos CA
2778 Mister Car Wash Manteca CA
2779 Mister Car Wash Merced CA
2780 Mister Car Wash Modesto CA
2781 Mister Car Wash Modesto CA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2782 Mister Car Wash Patterson CA
2783 Mister Car Wash Tracy CA
2784 Harbor Freight Tools Louisville KY
2785 Service First Automotive Spring TX
2786 Service First Automotive Katy TX
2787 KFC Florence KY
2788 KFC New Boston OH
2789 KFC Circleville OH
2790 KFC Hillsboro OH
2791 KFC Chillicothe OH
2792 KFC Marysville OH
2793 KFC Findlay OH
2794 KFC Wilmington OH
2795 KFC Taylor Mill KY
2796 Herc Rentals Kansas City MO
2797 Floor & Decor Albuquerque NM
2798 Belle Tire Gaylord MI
2799 Express Oil Change Concord NC
2800 Jack's Moulton AL
2801 Jack's Addison AL
2802 Caliber Collision Pembroke Pines FL
2803 Caliber Collision Turnersville NJ
2804 Caliber Collision Mansfield TX
2805 Mavis Tire Supply (Mavis Discount Tire) Dunedin FL
2806 Belle Tire Camby IN
2807 Belle Tire Columbus IN
2808 Belle Tire Greenfield IN
2809 Cooper's Hawk Centerville OH
2810 Camping World Alvarado TX
2811 Caliber Collision Rockford IL
2812 KFC Jackson OH
2813 Harbor Freight Tools Las Vegas NV
2814 Harbor Freight Tools Henderson NV
2815 Harbor Freight Tools Defiance OH
2816 Sonic Dalton GA
2817 Sonic Chatsworth GA
2818 Belle Tire Greenwood IN
2819 Belle Tire Cumberland IN
2820 Joe Hudson's Collision Center Hampton Cove AL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2821 Joe Hudson's Collision Center Statesboro GA
2822 Captain D's Milwaukee WI
2823 Caliber Collision Altamonte Springs FL
2824 TopGolf Lake Mary FL
2825 Belle Tire Plainfield IN
2826 Boot Barn Mesquite TX
2827 Mavis Tire Supply (Mavis Discount Tire) Buford GA
2828 Captain D's Thomasville GA
2829 Captain D's Moultrie GA
2830 Mavis Tire Supply (Mavis Discount Tire) Rincon GA
2831 Kent Kwik Midland TX
2832 Kent Kwik Odessa TX
2833 Mister Car Wash Deltona FL
2834 Mister Car Wash Titusville FL
2835 Belle Tire Indianapolis IN
2836 Belle Tire Whitestown IN
2837 Mavis Tire Supply (Mavis Discount Tire) Dallas GA
2838 Ollie's Bargain Outlet Baltimore MD
2839 Ollie's Bargain Outlet Sterling VA
2840 Ollie's Bargain Outlet Dublin OH
2841 Ollie's Bargain Outlet Winchester VA
2842 Ollie's Bargain Outlet Lewisville TX
2843 Ollie's Bargain Outlet Cuyahoga Falls OH
2844 Ollie's Bargain Outlet Merrillville IN
2845 Ollie's Bargain Outlet Lafayette LA
2846 Ollie's Bargain Outlet Hoover AL
2847 Belle Tire Bloomington IN
2848 Captain D's Dade City FL
2849 Express Oil Change Lafayette LA
2850 Express Oil Change Lafayette LA
2851 Bob's Discount Furniture Madison WI
2852 Belle Tire Petoskey MI
2853 Belle Tire Merrillville IN
2854 Mister Car Wash Merced CA
2855 Camping World Pasco WA
2856 Caliber Collision Huntersville NC
2857 Fikes Wholesale Crestview FL
2858 Fikes Wholesale Fort Walton Beach FL
2859 Fikes Wholesale Fort Walton Beach FL
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2860 Fikes Wholesale Killeen TX
2861 Fikes Wholesale Amarillo TX
2862 Belle Tire Lawrence IN
2863 Ahern Rentals Richfield UT
2864 Ahern Rentals Sacramento CA
2865 Ahern Rentals Colorado Springs CO
2866 Ahern Rentals Bloomfield CT
2867 Ahern Rentals Tampa FL
2868 Ahern Rentals Kennesaw GA
2869 Ahern Rentals Kansas City KS
2870 Ahern Rentals Charlotte NC
2871 Ahern Rentals Winston Salem NC
2872 Ahern Rentals Albuquerque NM
2873 Ahern Rentals Deer Park NY
2874 Ahern Rentals Oklahoma City OK
2875 Ahern Rentals Columbia SC
2876 Ahern Rentals El Paso TX
2877 Ahern Rentals Houston TX
2878 Ahern Rentals Irving TX
2879 Ahern Rentals Lake Dallas TX
2880 Ahern Rentals Lubbock TX
2881 Ahern Rentals Waco TX
2882 Ahern Rentals Cedar City UT
2883 Ahern Rentals Salt Lake City UT
2884 Ahern Rentals Arlington WA
2885 Ahern Rentals Fife WA
2886 Ahern Rentals Franksville WI
2887 At Home Colorado Springs CO
2888 At Home Kissimmee FL
2889 At Home O'Fallon IL
2890 Express Oil Change Taylors SC
2891 Mavis Tire Supply (Mavis Discount Tire) Concord NC
2892 Harbor Freight Tools La Mirada CA
2893 Harbor Freight Tools Van Nuys CA
2894 Mavis Tire Supply (Mavis Discount Tire) Batesburg SC
2895 Abra Auto Body Belmont NC
2896 Joe Hudson's Collision Center Port Richey FL
2897 Mavis Tire Supply (Mavis Discount Tire) Yulee FL
2898 Harbor Freight Tools Los Lunas NM
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2899 Gerber Collision Kansas City MO
2900 Mavis Tire Supply (Mavis Discount Tire) Walkertown NC
2901 Walgreens Mint Hill NC
2902 Walgreens Charlotte NC
2903 Harbor Freight Tools Marble Falls TX
2904 Gerber Collision Daytona Beach FL
2905 Mavis Tire Supply (Mavis Discount Tire) Hickory NC
2906 Sonny's BBQ Spring Hill FL
2907 Sonny's BBQ Ocala FL
2908 Sonny's BBQ Ocala FL
2909 Sonny's BBQ Alachua FL
2910 Sonny's BBQ Bushnell FL
2911 Sonny's BBQ Belleview FL
2912 Sonny's BBQ Jacksonville FL
2913 Sonny's BBQ Orange Park FL
2914 Sonny's BBQ Jacksonville FL
2915 Mavis Tire Supply (Mavis Discount Tire) Oldsmar FL
2916 PetSuites Louisville KY
2917 KFC Louisville KY
2918 KFC Louisville KY
2919 KFC Louisville KY
2920 KFC Louisville KY
2921 KFC Jeffersonville IN
2922 KFC Washington IN
2923 KFC Bedford IN
2924 KFC New Albany IN
2925 KFC New Albany IN
2926 KFC Madison IN
2927 KFC North Vernon IN
2928 KFC Chicopee MA
2929 BJ's Wholesale Club Stoughton MA
2930 BJ's Wholesale Club Auburn MA
2931 Mister Car Wash Dinuba CA
2932 Mister Car Wash Hanford CA
2933 Mister Car Wash Porterville CA
2934 Mister Car Wash Hanford CA
2935 Mister Car Wash Porterville CA
2936 Mister Car Wash Tulare CA
2937 Mister Car Wash Delano CA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2938 Belle Tire Fishers IN
2939 Belle Tire Brownsburg IN
2940 Mavis Tire Supply (Mavis Discount Tire) Spring Hill FL
2941 XLerate Auto Auction Obetz OH
2942 Harbor Freight Tools Bay City MI
2943 Allsup's Hobbs NM
2944 Allsup's Portales NM
2945 Allsup's Hobbs NM
2946 Allsup's Brownwood TX
2947 Allsup's Abilene TX
2948 Allsup's Cisco TX
2949 Allsup's Lovington NM
2950 Allsup's Lovington NM
2951 Allsup's Bowie TX
2952 Allsup's Hobbs NM
2953 Allsup's Hobbs NM
2954 Allsup's Canyon TX
2955 Allsup's Clovis NM
2956 Allsup's Snyder TX
2957 Allsup's Silverton TX
2958 Allsup's Denver City TX
2959 Allsup's Carlsbad NM
2960 Allsup's Artesia NM
2961 Allsup's Carlsbad NM
2962 Allsup's Friona TX
2963 Allsup's Stephenville TX
2964 Allsup's Comanche TX
2965 Allsup's Carlsbad NM
2966 Allsup's Azle TX
2967 Allsup's Clovis NM
2968 Allsup's Abilene TX
2969 Allsup's Roswell NM
2970 Allsup's Rio Rancho NM
2971 Allsup's Santa Fe NM
2972 Allsup's Santa Fe NM
2973 Allsup's Abilene TX
2974 Allsup's San Angelo TX
2975 Allsup's Stephenville TX
2976 Allsup's Plains TX
Multi-Tenant ** Property City State
--- --- --- --- --- ---
2977 Allsup's Plainview TX
2978 Allsup's Clarendon TX
2979 Allsup's San Angelo TX
2980 Express Oil Change Richmond Hill GA
2981 Captain D's Pell City AL
2982 Mavis Tire Supply (Mavis Discount Tire) West Hempstead NY
2983 Belle Tire Terre Haute IN
2984 Belle Tire Lafayette IN
2985 Belle Tire West Lafayette IN
2986 Express Oil Change Magnolia TX
2987 Express Oil Change Allen TX
2988 Joe Hudson's Collision Center Louisville KY
2989 Jack's Greensboro AL
2990 Jack's Section AL
2991 Express Oil Change Gilbert AZ
2992 Express Oil Change Peoria AZ
2993 Express Oil Change Tempe AZ
2994 Ollie's Bargain Outlet Roanoke VA
2995 Heartland Dental Columbia SC
2996 Gerber Collision Woodstock GA
2997 Express Oil Change Fort Payne AL
2998 Express Oil Change Jasper AL
2999 Express Oil Change Moody AL
3000 Express Oil Change Birmingham AL
3001 Express Oil Change Birmingham AL
3002 Express Oil Change Sylacauga AL
3003 Cooper's Hawk Avon IN
3004 Gerber Collision Pensacola FL
3005 Joe Hudson's Collision Center Cullman AL
3006 Service King Chicago Heights IL
3007 Service King Alsip IL
3008 Service King Orland Park IL
3009 Service King Tinley Park IL
3010 Service King Highland IN
3011 Service King Schererville IN
3012 Captain D's Oxford AL
3013 Caliber Collision Muncie IN
3014 Ahern Rentals Tolleson AZ
3015 Ahern Rentals Menifee CA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
3016 Ahern Rentals Oxnard CA
3017 Ahern Rentals Denver CO
3018 Ahern Rentals Forest Park GA
3019 Ahern Rentals Carlin NV
3020 Ahern Rentals North Las Vegas NV
3021 Ahern Rentals Raleigh NC
3022 Ahern Rentals Austin TX
3023 Ahern Rentals McKinney TX
3024 Ahern Rentals Harvey LA
3025 Kent Kwik Midland TX
3026 Kent Kwik Midland TX
3027 Wendy's West Helena AR
3028 Wendy's Bastrop LA
3029 Wendy's Tallulah LA
3030 Wendy's Monroe LA
3031 Wendy's Winnsboro LA
3032 Wendy's Monroe LA
3033 Wendy's Shreveport LA
3034 Wendy's Jackson MS
3035 Wendy's Byram MS
3036 Wendy's Laurel MS
3037 Wendy's Ridgeland MS
3038 Wendy's Batesville MS
3039 Wendy's West Point MS
3040 Wendy's Flowood MS
3041 Wendy's Philadelphia MS
3042 Wendy's Vicksburg MS
3043 Wendy's Columbus MS
3044 Wendy's Bay Saint Louis MS
3045 Wendy's Forest MS
3046 Wendy's Hazlehurst MS
3047 Wendy's Tupelo MS
3048 Wendy's Hattiesburg MS
3049 Wendy's Yazoo City MS
3050 Wendy's Corinth MS
3051 Wendy's Columbia MS
3052 Wendy's Ridgeland MS
3053 Wendy's Clarksdale MS
3054 Wendy's Tupelo MS
Multi-Tenant ** Property City State
--- --- --- --- --- ---
3055 Wendy's Indianola MS
3056 Wendy's Wiggins MS
3057 Wendy's Pontotoc MS
3058 Wendy's Meridian MS
3059 Wendy's Tupelo MS
3060 Wendy's Louisville MS
3061 Wendy's Booneville MS
3062 Wendy's Pascagoula MS
3063 Wendy's Moss Point MS
3064 Wendy's Holly Springs MS
3065 Wendy's Hattiesburg MS
3066 Wendy's Pearl MS
3067 Jiffy Lube Fort Smith AR
3068 Jiffy Lube Bentonville AR
3069 Jiffy Lube Springdale AR
3070 Jiffy Lube Normal IL
3071 Jiffy Lube Huntley IL
3072 Jiffy Lube Sycamore IL
3073 Jiffy Lube Nicholasville KY
3074 Jiffy Lube Joplin MO
3075 Jiffy Lube Springfield MO
3076 Jiffy Lube Rochester NY
3077 Jiffy Lube Hamburg NY
3078 Jiffy Lube Irondequoit NY
3079 Jiffy Lube Grand Chute WI
3080 Jiffy Lube Plover WI
3081 Jiffy Lube Somers (Kenosha) WI
3082 Jiffy Lube Machesney Park IL
3083 Joe Hudson's Collision Center Hoover AL
3084 KFC Erie PA
3085 Wendy's New Kensington PA
3086 Fuel Up Chambersburg PA
3087 Fuel-On Emporium PA
3088 Fuel-On Johnsonburg PA
3089 Fuel-On St. Marys PA
3090 Uni-Mart Wilkes-Barre PA
3091 Uni-Mart Wilkes-Barre PA
3092 Uni-Mart Williamsport PA
3093 Uni-Mart Punxsutawney PA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
3094 Uni-Mart East Brady PA
3095 Kwik Pik Bear Creek PA
3096 Uni-Mart Port Vue PA
3097 Kwik Pik Coraopolis PA
3098 Kwik Pik Bear Creek Township PA
3099 Uni-Mart Mountaintop PA
3100 Kwik Pik Mercersburg PA
3101 Kwik Pik New Florence PA
3102 Kwik Pik Ellwood City PA
3103 Fuel-On Pittsburgh PA
3104 Uni-Mart Effort PA
3105 Kwik Pik Plainfield PA
3106 Kwik Pik Lewisberry PA
3107 Kwik Pik Hastings PA
3108 Kwik Pik Beech Creek PA
3109 Kwik Pik Leeper PA
3110 Kwik Pik Reynoldsville PA
3111 Kwik Pik Curwensville PA
3112 Uni-Mart Punxsutawney PA
3113 Kwik Pik Philipsburg PA
3114 Kwik Pik Jersey Shore PA
3115 Vacant Property Hermitage PA
3116 Pep Boys Cornwell Heights PA
3117 Pep Boys Philadelphia PA
3118 Pep Boys Quakertown PA
3119 Patient First York PA
3120 Patient First Mechanicsburg PA
3121 Outback Coraopolis PA
3122 MedExpress Urgent Care Pittsburgh PA
3123 MedExpress Urgent Care Hermitage PA
3124 MedExpress Urgent Care Hanover PA
3125 MedExpress Urgent Care Latrobe PA
3126 MedExpress Urgent Care Mt. Pleasant PA
3127 Mister Car Wash Ephrata PA
3128 Mister Car Wash York PA
3129 Mister Car Wash Lancaster PA
3130 Mister Car Wash Sinking Spring PA
3131 LA Fitness Greensburg PA
3132 Cinemark McCandless PA
Multi-Tenant ** Property City State
--- --- --- --- --- ---
3133 7-Eleven New Castle PA
3134 7-Eleven N. Belle Vernon PA
3135 Steak N Shake Munhall PA
3136 BP Jeannette PA
3137 MedExpress Urgent Care Connellsville PA
3138 Bob Evans Erie PA
3139 Bob Evans Moon Township PA
3140 Bob Evans Pittsburgh PA
3141 Bob Evans Erie PA
3142 Bob Evans Lancaster PA
3143 Bob Evans Washington PA
3144 Bob Evans Harborcreek PA
3145 Bob Evans New Castle PA
3146 Sleepy's Dickson City PA
3147 Sleepy's Montgomeryville PA
3148 Sleepy's Whitehall PA
3149 MedExpress Urgent Care Quakertown PA
3150 Movie Tavern Theatre Allentown PA
3151 Camping World Apollo PA
3152 Ollie's Bargain Outlet Media PA
3153 Ollie's Bargain Outlet Pennsdale PA
3154 XLerate Auto Auction Corry PA
3155 Harbor Freight Tools Monaca PA
3156 Harbor Freight Tools Cranberry PA
3157 ** Natural Grocers Sedona AZ
3158 ** Natural Grocers Flagstaff AZ
3159 ** Natural Grocers Steamboat Springs CO
3160 ** Natural Grocers Missoula MT
3161 ** Natural Grocers Helena MT

SCHEDULE 6.1.(g)

Indebtedness and Guaranties; Total Liabilities

[See attached.]

National Retail Properties, Inc.
Schedule 6.1.(g) - Debt & Guaranties
March 31, 2021
(dollars in thousands)
Unsecured Notes Payable
Original Net Outstanding Stated Effective Maturity
Notes Issue Date Principal Discount Price Balance Rate Rate Date
2024 May 2014 350,000 707 349,293 350,000 3.900% 3.924% June 2024
2025 October 2015 400,000 964 399,036 400,000 4.000% 4.029% November 2025
2026 December 2016 350,000 3,860 346,140 350,000 3.600% 3.733% December 2026
2027 September 2017 400,000 1,628 398,372 400,000 3.500% 3.548% October 2027
2028 September 2018 400,000 2,848 397,152 400,000 4.300% 4.388% October 2028
2030 March 2020 400,000 1,288 398,712 400,000 2.500% 2.536% April 2030
2048 September 2018 300,000 4,239 295,761 300,000 4.800% 4.890% October 2048
2050 March 2020 300,000 6,066 293,934 300,000 3.100% 3.205% April 2050
2051 March 2021 450,000 8,406 441,594 450,000 3.500% 3.602% April 2051
3,350,000 30,006 3,319,994 3,350,000
Mortgage Payable*
Maturity Initial Outstanding Stated
Entered Date Principal Balance Rate
November 2014 June 2024 15,151 11,257 5.230%
*Date entered represents the date that NNN acquired real estate subject to a mortgage securing a loan.
Initial balance and outstanding principal balance includes unamortized premium.

SCHEDULE 6.1.(h)

Litigation

None.

SCHEDULE 6.1.(r)

Affiliate Transactions

None.

SCHEDULE 6.1.(x)

Unencumbered Assets

See Schedule 6.1.(f).

EXHIBIT A

FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT dated as of , 20 (the

“Agreement”) by and among (the “Assignor”),

(the “Assignee”)[, NATIONAL RETAIL PROPERTIES, INC. (the

“Borrower”)]1 and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”).

WHEREAS, the Assignor is a Lender under that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among [National Retail Properties, Inc. (the “Borrower”)] [the Borrower], the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), the Administrative Agent, and the other parties thereto;

WHEREAS, the Assignor desires to assign to the Assignee all or a portion of the Assignor’s Commitment under the Credit Agreement, all on the terms and conditions set forth herein; and

WHEREAS, the [Borrower and the] Administrative Agent consent[s] to such assignment on the terms and conditions set forth herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged by the parties hereto, the parties hereto hereby agree as follows:

Section 1. Assignment.

(a)Subject to the terms and conditions of this Agreement and in consideration of the payment to be made by the Assignee to the Assignor pursuant to Section 2 of this Agreement, effective as of , 20 (the “Assignment Date”) the Assignor hereby irrevocably sells, transfers and assigns to the Assignee, without recourse, a $ interest (such interest being the “Assigned Commitment”) in and to the Assignor’s Commitment and all of the other rights and obligations of the Assignor under the Credit Agreement, such Assignor’s Revolving Note, and the other Loan Documents (representing % in respect of the aggregate amount of all Lenders’ Commitments), including without limitation, a principal amount of outstanding Revolving Loans equal to $ , all voting rights of the Assignor associated with the Assigned Commitment, all rights to receive interest on such amount of Revolving Loans and all commitment and other Fees with respect to the Assigned Commitment and other rights of the Assignor under the Credit Agreement and the other Loan Documents with respect to the Assigned Commitment, all as if the Assignee were an original Lender under and signatory to the Credit Agreement having a Commitment equal to the amount of the Assigned Commitment. The Assignee, subject to the terms and conditions hereof, hereby assumes all obligations of the Assignor with respect to the Assigned Commitment as if the Assignee were an original Lender under and signatory to the Credit Agreement having a Commitment equal to the Assigned Commitment, which obligations shall include, but shall not be limited to, the obligation of the Assignor to make Revolving Loans to the Borrower with respect to the Assigned Commitment, the obligation to pay the Agent amounts due in respect of draws under Letters of Credit as required under Section 2.3(j) of the

___________________________

1 Include only if the Borrower’s consent is required under Section 12.6(c) of the Credit Agreement and Section 17 of this Agreement is included.

Exhibit A-1

Credit Agreement and the obligation to indemnify the Administrative Agent as provided in the Credit Agreement (the foregoing enumerated obligations, together with all other similar obligations more particularly set forth in the Credit Agreement and the other Loan Documents, shall be referred to hereinafter, collectively, as the “Assigned Obligations”). The Assignor shall have no further duties or obligations with respect to, and shall have no further interest in, the Assigned Obligations or the Assigned Commitment from and after the Assignment Date.

(b)The assignment by the Assignor to the Assignee hereunder is without recourse to the Assignor. The Assignee makes and confirms to the Administrative Agent, the Assignor, and the other Lenders all of the representations, warranties and covenants of a Lender under Article XI. of the Credit Agreement. Not in limitation of the foregoing, the Assignee acknowledges and agrees that, except as set forth in Section 4 below, the Assignor is making no representations or warranties with respect to, and the Assignee hereby releases and discharges the Assignor from any responsibility or liability for: (i) the present or future solvency or financial condition of the Borrower, any Subsidiary or any other Loan Party, (ii) any representations, warranties, statements or information made or furnished by the Borrower, any Subsidiary or any other Loan Party in connection with the Credit Agreement or otherwise, (iii) the validity, efficacy, sufficiency, or enforceability of the Credit Agreement, any other Loan Document or any other document or instrument executed in connection therewith, or the collectibility of the Assigned Obligations, (iv) the perfection, priority or validity of any Lien with respect to any collateral at any time securing the Obligations or the Assigned Obligations under the Notes or the Credit Agreement and (v) the performance or failure to perform by the Borrower or any other Loan Party of any obligation under the Credit Agreement or any other Loan Document to which it is a party. Further, the Assignee acknowledges that it has, independently and without reliance upon the Administrative Agent, the Assignor or any other Lender or counsel to the Administrative Agent or any of their respective officers, directors, employees and agents and based on the financial statements supplied by the Borrower and such other documents and information as it has deemed appropriate, made its own credit and legal analysis and decision to become a Lender under the Credit Agreement. The Assignee also acknowledges that it will, independently and without reliance upon the Administrative Agent, the Assignor or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement or any other Loan Documents or pursuant to any other obligation. Except as expressly provided in the Credit Agreement, the Administrative Agent shall have no duty or responsibility whatsoever, either initially or on a continuing basis, to provide the Assignee with any credit or other information with respect to the Borrower, any other Loan Party or any Subsidiary or to notify the Assignee of any Default or Event of Default. The Assignee has not relied on the Administrative Agent as to any legal or factual matter in connection therewith or in connection with the transactions contemplated thereunder.

Section 2. Payment by Assignee. In consideration of the assignment made pursuant to Section 1 of this Agreement, the Assignee agrees to pay to the Assignor on the Assignment Date, an amount equal to $__________ representing (i) the aggregate principal amount outstanding of the Loans owing to the Assignor under the Credit Agreement and the other Loan Documents being assigned hereby plus (ii) the aggregate amount of payments previously made by Assignor under Section 2.3(j) of the Credit Agreement which have not been repaid and which are being assigned hereby.

Section 3. Payments by Assignor. The Assignor agrees to pay to the Administrative Agent on the Assignment Date the administrative fee, if any, payable under the applicable provisions of the Credit Agreement.

Section 4. Representations and Warranties of Assignor. The Assignor hereby represents and warrants to the Assignee that (a) as of the Assignment Date (i) the Assignor is a Lender under the Credit Agreement having a Commitment under the Credit Agreement (without reduction by any assignments

Exhibit A-2

thereof which have not yet become effective) equal to $ and that the Assignor is not in default of its obligations under the Credit Agreement; and (ii) the outstanding balance of Revolving Loans owing to the Assignor (without reduction by any assignments thereof which have not yet become effective) is $ ; and (b) it is the legal and beneficial owner of the Assigned Commitment which is free and clear of any adverse claim created by the Assignor.

Section 5. Representations, Warranties and Agreements of Assignee. The Assignee (a) represents and warrants that it is (i) legally authorized to enter into this Agreement; (ii) an “accredited investor” (as such term is used in Regulation D of the Securities Act) and (iii) an Eligible Assignee; (b) confirms that it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant thereto and such other documents and information (including without limitation the Loan Documents) as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (c) appoints and authorizes the Administrative Agent to take such action as contractual representative on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof together with such powers as are reasonably incidental thereto; (d) agrees that, if not already a Lender and to the extent of the Assigned Commitment, it will become a party to and shall be bound by the Credit Agreement and the other Loan Documents to which the other Lenders are a party on the Assignment Date and will perform in accordance therewith all of the obligations which are required to be performed by it as a Lender; and (e) is either (i) not organized under the laws of a jurisdiction outside the United States of America or has delivered to the Administrative Agent (with an additional copy for the Borrower) such items required under Section 3.11. of the Credit Agreement.

Section 6. Recording and Acknowledgment by the Administrative Agent. Following the execution of this Agreement, the Assignor will deliver to the Administrative Agent (a) a duly executed copy of this Agreement for acknowledgment and recording by the Administrative Agent and (b) the Assignor’s Revolving Note. Upon such acknowledgment and recording, from and after the Assignment Date, the Administrative Agent shall make all payments in respect of the interest assigned hereby (including payments of principal, interest, Fees and other amounts) to the Assignee. The Assignor and Assignee shall make all appropriate adjustments in payments under the Credit Agreement for periods prior to the Assignment Date directly between themselves.

Section 7. Addresses. The Assignee specifies as its address for notices and its Lending Office for all Loans, the offices set forth below:

__________________________________________

__________________________________________

Attention:__________________________________

Telephone No.:______________________________

Telecopy No.:

Section 8. Payment Instructions. All payments to be made to the Assignee under this Agreement by the Assignor, and all payments to be made to the Assignee under the Credit Agreement, shall be made as provided in the Credit Agreement in accordance with the following instructions:

Exhibit A-3

Section 9. Effectiveness of Assignment. This Agreement, and the assignment and assumption contemplated herein, shall not be effective until (a) this Agreement is executed and delivered by each of the Assignor, the Assignee, the Administrative Agent and if required under Section 12.6(c) of the Credit Agreement, the Borrower, and (b) the payment to the Assignor of the amounts, if any, owing by the Assignee pursuant to Section 2 hereof and (c) the payment to the Administrative Agent of the amounts, if any, owing by the Assignor pursuant to Section 3. hereof. Upon recording and acknowledgment of this Agreement by the Administrative Agent, from and after the Assignment Date, (i) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Agreement, have the rights and obligations of a Lender thereunder and (ii) the Assignor shall, to the extent provided in this Agreement, relinquish its rights (except as otherwise provided in Section 12.11 of the Credit Agreement) and be released from its obligations under the Credit Agreement; provided, however, that if the Assignor does not assign its entire interest under the Loan Documents, it shall remain a Lender entitled to all of the benefits and subject to all of the obligations thereunder with respect to its Commitment.

Section 10. Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

Section 11. Counterparts. This Agreement may be executed in any number of counterparts each of which, when taken together, shall constitute one and the same agreement.

Section 12. Headings. Section headings have been inserted herein for convenience only and shall not be construed to be a part hereof.

Section 13. Amendments; Waivers. This Agreement may not be amended, changed, waived or modified except by a writing executed by the Assignee and the Assignor; provided, however, any amendment, waiver or consent which shall affect the rights or duties of the Administrative Agent under this Agreement shall not be effective unless signed by the Administrative Agent.

Section 14. Entire Agreement. This Agreement embodies the entire agreement between the Assignor and the Assignee with respect to the subject matter hereof and supersedes all other prior arrangements and understandings relating to the subject matter hereof.

Section 15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Section 16. Definitions. Terms not otherwise defined herein are used herein with the respective meanings given them in the Credit Agreement.

[Include this Section only if the Borrower’s consent is required under Section 12.6.(c) of the Credit Agreement] Section 17. Agreements of the Borrower. The Borrower hereby agrees that the Assignee shall be a Lender under the Credit Agreement having a Commitment equal to the Assigned Commitment. The Borrower agrees that the Assignee shall have all of the rights and remedies of a Lender under the Credit Agreement and the other Loan Documents as if the Assignee were an original Lender under and signatory to the Credit Agreement, including, but not limited to, the right of a Lender to receive payments of principal and interest with respect to the Assigned Obligations, if any, and to the Revolving Loans made by the Lenders after the date hereof and to receive the commitment and other Fees payable to the Lenders as provided in the Credit Agreement. Further, the Assignee shall be entitled to the benefit of the indemnification provisions from the Borrower in favor of the Lenders as provided in the Credit Agreement and the other Loan Documents. The Borrower further agrees, upon the execution and

Exhibit A-4

delivery of this Agreement, to execute in favor of the Assignee, and if applicable to the Assignor, Notes as required by Section 12.6(c) of the Credit Agreement. Upon receipt by the Assignor of the amounts due the Assignor under Section 2, the Assignor agrees to surrender to the Borrower such Assignor’s Notes. Further, the Borrower agrees that, upon the execution and delivery of this Agreement, the Borrower shall owe the Assigned Obligations to the Assignee as if the Assignee were the Lender originally making such Loans and entering into such other obligations.]

[Signatures on Following Pages]

Exhibit A-5

IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment and Assumption Agreement as of the date and year first written above.

ASSIGNOR:

[NAME OF ASSIGNOR]

By:

Name:

Title:

Payment Instructions

[Bank]

[Address]

ABA No. :

Account No.:

Account Name:

Reference:

ASSIGNEE:

[NAME OF ASSIGNEE]

By:

Name:

Title:

Payment Instructions

[Bank]

[Address]

ABA No. :

Account No.:

Account Name:

Reference:

[Signatures continued on Following Page]

Exhibit A-6

Agreed and Consented to as of the date first written above.

[Include signature of the Borrower only if required under Section

12.6.(c) of the Credit Agreement]

BORROWER:

NATIONAL RETAIL PROPERTIES, INC.

By:

Name:

Title:

Accepted as of the date first written above.

ADMINISTRATIVE AGENT:

WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent

By:

Name:

Title:

Exhibit A-7

EXHIBIT B

FORM OF GUARANTY

THIS GUARANTY dated as of [●], 20[●] executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (all of the undersigned, together with such other Persons each a “Guarantor” and collectively, the “Guarantors”) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders under that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among NATIONAL RETAIL PROPERTIES, INC. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), the Administrative Agent, and the other parties thereto, for its benefit and the benefit of the Lenders, the Issuing Bank and the Specified Derivatives Providers (the Administrative Agent, the Lenders, the Issuing Bank and the Specified Derivatives Providers, each individually a “Guarantied Party” and collectively, the “Guarantied Parties”).

WHEREAS, pursuant to the Credit Agreement, the Guarantied Parties have agreed to make available to the Borrower certain financial accommodations on the terms and conditions set forth in the Credit Agreement;

WHEREAS, the Specified Derivatives Providers may from time to time enter into Specified Derivatives Contracts with the Borrower and/or its Subsidiaries;

WHEREAS, each Guarantor is owned or controlled by the Borrower, or is otherwise an Affiliate of the Borrower;

WHEREAS, the Borrower, each Guarantor and the other Subsidiaries of the Borrower, though separate legal entities, are mutually dependent on each other in the conduct of their respective businesses as an integrated operation and have determined it to be in their mutual best interests to obtain financing from the Guarantied Parties through their collective efforts;

WHEREAS, each Guarantor acknowledges that it will receive direct and indirect benefits from the Guarantied Parties’ making such financial accommodations available to the Borrower under the Credit Agreement and, accordingly, each Guarantor is willing to guarantee the Borrower’s obligations to the Guarantied Parties on the terms and conditions contained herein; and

WHEREAS, each Guarantor’s execution and delivery of this Guaranty is a condition to the Administrative Agent and the other Guarantied Parties’ making, and continuing to make, such financial accommodations to the Borrower.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each Guarantor, each Guarantor agrees as follows:

Section 1. Guaranty. Each Guarantor hereby absolutely, irrevocably and unconditionally guaranties the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all of the following (collectively referred to as the “Guarantied Obligations”): (a) all indebtedness and obligations owing by the Borrower or any other Loan Party to any Guarantied Party under or in connection with the Credit Agreement and any other Loan Document to which the Borrower or such other Loan Party is a party, including without limitation, the repayment of all principal of the Revolving Loans, all Reimbursement Obligations, and the payment of all interest, fees,

Exhibit B-1

charges, reasonable attorneys’ fees and other amounts payable to any Guarantied Party thereunder or in connection therewith; (b) all Specified Derivatives Obligations owing by any Loan Party under any Specified Derivative Contracts (other than any Excluded Swap Obligations); (c) any and all extensions, renewals, modifications, amendments or substitutions of the foregoing; (d) all expenses, including, without limitation, reasonable attorneys’ fees and disbursements, that are incurred by the Administrative Agent or any other Guarantied Party in the enforcement of any of the foregoing or any obligation of such Guarantor hereunder and (e) all other Obligations.

Section 2. Guaranty of Payment and Not of Collection. This Guaranty is a guaranty of payment, and not of collection, and a debt of each Guarantor for its own account. Accordingly, the Guarantied Parties shall not be obligated or required before enforcing this Guaranty against any Guarantor: (a) to pursue any right or remedy the Guarantied Parties may have against the Borrower, any other Loan Party or any other Person or commence any suit or other proceeding against the Borrower, any other Loan Party or any other Person in any court or other tribunal; (b) to make any claim in a liquidation or bankruptcy of the Borrower, any other Loan Party or any other Person; or (c) to make demand of the Borrower, any other Loan Party or any other Person or to enforce or seek to enforce or realize upon any collateral security held by the Guarantied Parties which may secure any of the Guarantied Obligations.

Section 3. Guaranty Absolute. Each Guarantor guarantees that the Guarantied Obligations will be paid strictly in accordance with the terms of the documents evidencing the same, regardless of any Applicable Law now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Guarantied Parties with respect thereto. The liability of each Guarantor under this Guaranty shall be absolute, irrevocable and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including without limitation, the following (whether or not such Guarantor consents thereto or has notice thereof):

(a)(i) any change in the amount, interest rate or due date or other term of any of the Guarantied Obligations, (ii) any change in the time, place or manner of payment of all or any portion of the Guarantied Obligations, (iii) any amendment or waiver of, or consent to the departure from or other indulgence with respect to, the Credit Agreement, any other Loan Document, any Specified Derivatives Contract or any other document or instrument evidencing or relating to any Guarantied Obligations, or (iv) any waiver, renewal, extension, addition, or supplement to, or deletion from, or any other action or inaction under or in respect of, the Credit Agreement, any of the other Loan Documents, or any other documents, instruments or agreements relating to the Guarantied Obligations or any other instrument or agreement referred to therein or evidencing any Guarantied Obligations or any assignment or transfer of any of the foregoing;

(b)any lack of validity or enforceability of the Credit Agreement, any of the other Loan Documents or any other document, instrument or agreement referred to therein or evidencing any Guarantied Obligations or any assignment or transfer of any of the foregoing;

(c)any furnishing to the Guarantied Parties of any security for the Guarantied Obligations, or any sale, exchange, release or surrender of, or realization on, any collateral securing any of the Guarantied Obligations;

(d)any settlement or compromise of any of the Guarantied Obligations, any security therefor, or any liability of any other party with respect to the Guarantied Obligations, or any subordination of the payment of the Guarantied Obligations to the payment of any other liability of the Borrower or any other Loan Party;

Exhibit B-2

(e)any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Guarantor, the Borrower, any other Loan Party or any other Person, or any action taken with respect to this Guaranty by any trustee or receiver, or by any court, in any such proceeding;

(f)any act or failure to act by the Borrower, any other Loan Party or any other Person which may adversely affect such Guarantor’s subrogation rights, if any, against the Borrower to recover payments made under this Guaranty;

(g)any nonperfection or impairment of any security interest or other Lien on any collateral, if any, securing in any way any of the Guarantied Obligations;

(h)any application of sums paid by the Borrower, any Guarantor or any other Person with respect to the liabilities of the Borrower to the Guarantied Parties, regardless of what liabilities of the Borrower remain unpaid;

(i)any defect, limitation or insufficiency in the borrowing powers of the Borrower or in the exercise thereof;

(j)any defense, set off, claim or counterclaim (other than indefeasible payment and performance in full) which may at any time be available to or be asserted by the Borrower, any other Loan Party or any other Person against the Agent or any Lender;

(k)any change in the corporate existence, structure or ownership of the Borrower or any other Loan Party;

(l)any statement, representation or warranty made or deemed made by or on behalf of the Borrower, any Guarantor or any other Loan Party under any Loan Document, or any amendment hereto or thereto, proves to have been incorrect or misleading in any respect; or

(m)any other circumstance which might otherwise constitute a defense available to, or a discharge of, a Guarantor hereunder (other than indefeasible payment and performance in full).

Section 4. Action with Respect to Guarantied Obligations. The Guarantied Parties may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3. and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations;amend, modify, alter or supplement the Credit Agreement or any other Credit Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release any Loan Party or other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Guarantied Parties shall elect.

Section 5. Representations and Warranties. Each Guarantor hereby makes to the Administrative Agent and the other Guarantied Parties all of the representations and warranties made by the Borrower with respect to or in any way relating to such Guarantor in the Credit Agreement and the other Loan Documents, as if the same were set forth herein in full.

Exhibit B-3

Section 6. Covenants. Each Guarantor will comply with all covenants with which the Borrower is to cause such Guarantor to comply under the terms of the Credit Agreement or any of the other Loan Documents.

Section 7. Waiver. Each Guarantor, to the fullest extent permitted by Applicable Law, hereby waives notice of acceptance hereof or any presentment, demand, protest or notice of any kind, and any other act or thing, or omission or delay to do any other act or thing, which in any manner or to any extent might vary the risk of such Guarantor or which otherwise might operate to discharge such Guarantor from its obligations hereunder.

Section 8. Inability to Accelerate Loan. If the Guarantied Parties or any one of them is prevented under Applicable Law or otherwise from demanding or accelerating payment of any of the Guarantied Obligations by reason of any automatic stay or otherwise, the Administrative Agent and/or the other Guarantied Parties shall be entitled to receive from each Guarantor, upon demand therefor, the sums which otherwise would have been due had such demand or acceleration occurred.

Section 9. Reinstatement of Guarantied Obligations. If claim is ever made on the Administrative Agent or any other Guarantied Party for repayment or recovery of any amount or amounts received in payment or on account of any of the Guarantied Obligations, and the Administrative Agent or such other Guarantied Party repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body of competent jurisdiction, or (b) any settlement or compromise of any such claim effected by the Administrative Agent or such other Guarantied Party with any such claimant (including the Borrower or a trustee in bankruptcy for the Borrower), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding on it, notwithstanding any revocation hereof or the cancellation of the Credit Agreement, any of the other Loan Documents, or any other instrument evidencing any liability of the Borrower, and such Guarantor shall be and remain liable to the Administrative Agent or such other Guarantied Party for the amounts so repaid or recovered to the same extent as if such amount had never originally been paid to the Administrative Agent or such other Guarantied Party.

Section 10. Subrogation. Upon the making by any Guarantor of any payment hereunder for the account of the Borrower, such Guarantor shall be subrogated to the rights of the payee against the Borrower; provided, however, that such Guarantor shall not enforce any right or receive any payment by way of subrogation or otherwise take any action in respect of any other claim or cause of action such Guarantor may have against the Borrower arising by reason of any payment or performance by such Guarantor pursuant to this Guaranty, unless and until all of the Guarantied Obligations have been indefeasibly paid and performed in full. If any amount shall be paid to such Guarantor on account of or in respect of such subrogation rights or other claims or causes of action, such Guarantor shall hold such amount in trust for the benefit of the Guarantied Parties and shall forthwith pay such amount to the Administrative Agent to be credited and applied against the Guarantied Obligations, whether matured or unmatured, in accordance with the terms of the Credit Agreement or to be held by the Administrative Agent as collateral security for any Guarantied Obligations existing.

Section 11. Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Guarantied Parties such additional amount as will result in the receipt by the Guarantied Parties the full amount payable hereunder had such deduction or withholding not occurred or been required.

Exhibit B-4

Section 12. Set-off. In addition to any rights now or hereafter granted under any of the other Loan Documents or Applicable Law and not by way of limitation of any such rights, each Guarantor hereby authorizes each Guarantied Party and each Participant, at any time while an Event of Default exists, without any prior notice to such Guarantor or to any other Person, any such notice being hereby expressly waived, but in the case of a Lender, the Issuing Bank or a Participant subject to receipt of the prior written consent of the Administrative Agent and Requisite Lenders, exercised in their sole discretion, to set-off and to appropriate and to apply any and all deposits (general or special, including, but not limited to, indebtedness evidenced by certificates of deposit, whether matured or unmatured) and any other indebtedness at any time held or owing by the Administrative Agent, the Issuing Bank, such Lender, or such Participant or any affiliate of the Administrative Agent, the Issuing Bank, or such Lender to or for the credit or the account of such Guarantor against and on account of any of the Guarantied Obligations, although such obligations shall be contingent or unmatured. Each Guarantor agrees, to the fullest extent permitted by Applicable Law, that any Participant may exercise rights of setoff or counterclaim and other rights with respect to its participation as fully as if such Participant were a direct creditor of such Guarantor in the amount of such participation.

Section 13. Subordination. Each Guarantor hereby expressly covenants and agrees for the benefit of the Guarantied Parties that all obligations and liabilities of the Borrower to such Guarantor of whatever description, including without limitation, all intercompany receivables of such Guarantor from the Borrower (collectively, the “Junior Claims”) shall be subordinate and junior in right of payment to all Guarantied Obligations. If an Event of Default shall exist, then no Guarantor shall accept any direct or indirect payment (in cash, property or securities, by setoff or otherwise) from the Borrower on account of or in any manner in respect of any Junior Claim until all of the Guarantied Obligations have been indefeasibly paid in full.

Section 14. Avoidance Provisions. It is the intent of each Guarantor, the Administrative Agent and the other Guarantied Parties that in any Proceeding, such Guarantor’s maximum obligation hereunder shall equal, but not exceed, the maximum amount which would not otherwise cause the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Guarantied Parties) to be avoidable or unenforceable against such Guarantor in such Proceeding as a result of Applicable Law, including without limitation, (a) Section 548 of the Bankruptcy Code of 1978, as amended (the “Bankruptcy Code”) and (b) any state fraudulent transfer or fraudulent conveyance act or statute applied in such Proceeding, whether by virtue of Section 544 of the Bankruptcy Code or otherwise. The Applicable Laws under which the possible avoidance or unenforceability of the obligations of such Guarantor hereunder (or any other obligations of such Guarantor to the Guarantied Parties) shall be determined in any such Proceeding are referred to as the “Avoidance Provisions”. Accordingly, to the extent that the obligations of such Guarantor hereunder would otherwise be subject to avoidance under the Avoidance Provisions, the maximum Guarantied Obligations for which such Guarantor shall be liable hereunder shall be reduced to that amount which, as of the time any of the Guarantied Obligations are deemed to have been incurred under the Avoidance Provisions, would not cause the obligations of any Guarantor hereunder (or any other obligations of such Guarantor to the Guarantied Parties), to be subject to avoidance under the Avoidance Provisions. This Section is intended solely to preserve the rights of the Administrative Agent and the other Guarantied Parties hereunder to the maximum extent that would not cause the obligations of any Guarantor hereunder to be subject to avoidance under the Avoidance Provisions, and no Guarantor or any other Person shall have any right or claim under this Section as against the Guarantied Parties that would not otherwise be available to such Person under the Avoidance Provisions.

Section 15. Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the financial condition of the Borrower and the other Loan Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature,

Exhibit B-5

scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Administrative Agent nor any other Guarantied Party shall have any duty whatsoever to advise any Guarantor of information regarding such circumstances or risks.

Section 16. Governing Law. THIS GUARANTY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

SECTION 17. WAIVER OF JURY TRIAL.

(a) EACH GUARANTOR, AND EACH OF THE ADMINISTRATIVE AGENT AND THE OTHER GUARANTIED PARTIES BY ACCEPTING THE BENEFITS HEREOF, ACKNOWLEDGES THAT ANY DISPUTE OR CONTROVERSY BETWEEN OR AMONG SUCH GUARANTOR, THE ADMINISTRATIVE AGENT OR ANY OF THE OTHER GUARANTIED PARTES WOULD BE BASED ON DIFFICULT AND COMPLEX ISSUES OF LAW AND FACT AND WOULD RESULT IN DELAY AND EXPENSE TO THE PARTIES. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE OTHER GUARANTIED PARTIES HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING OF ANY KIND OR NATURE IN ANY COURT OR TRIBUNAL IN WHICH AN ACTION MAY BE COMMENCED BY OR AGAINST ANY PARTY HERETO ARISING OUT OF THIS GUARANTY OR ANY OTHER LOAN DOCUMENT OR BY REASON OF ANY OTHER SUIT, CAUSE OF ACTION OR DISPUTE WHATSOEVER BETWEEN OR AMONG ANY GUARANTOR, THE ADMINISTRATIVE AGENT OR ANY OTHER GUARANTIED PARTY OF ANY KIND OR NATURE RELATING TO ANY OF THE LOAN DOCUMENTS.

(b) EACH GUARANTOR, AND EACH OF THE ADMINISTRATIVE AGENT AND THE OTHER GUARANTIED PARTIES BY ACCEPTING THE BENEFITS HEREOF, HEREBY AGREES THAT THE FEDERAL DISTRICT COURT LOCATED IN THE SOUTHERN DISTRICT OF NEW YORK OR ANY STATE COURT LOCATED IN THE BOROUGH OF MANHATTAN OF NEW YORK, NEW YORK SHALL HAVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN OR AMONG THE GUARANTORS, THE ADMINISTRATIVE AGENT OR ANY OF THE OTHER GUARANTIED PARTIES, PERTAINING DIRECTLY OR INDIRECTLY TO THIS GUARANTY, THE LOANS, THE LETTERS OF CREDIT, THE NOTES OR ANY OTHER LOAN DOCUMENT OR TO ANY MATTER ARISING HEREFROM OR THEREFROM. EACH GUARANTOR AND EACH OF THE GUARANTIED PARTIES EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING COMMENCED IN SUCH COURTS. EACH PARTY FURTHER WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT FORUM AND EACH AGREES NOT TO PLEAD OR CLAIM THE SAME. THE CHOICE OF FORUM SET FORTH IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE THE BRINGING OF ANY ACTION BY THE ADMINISTRATIVE AGENT OR ANY OTHER GUARANTIED PARTY OR THE ENFORCEMENT BY THE ADMINISTRATIVE AGENT OR ANY OTHER GUARANTIED PARTY OF ANY JUDGMENT OBTAINED IN SUCH FORUM IN ANY OTHER APPROPRIATE JURISDICTION.

(c) THE PROVISIONS OF THIS SECTION HAVE BEEN CONSIDERED BY EACH PARTY WITH THE ADVICE OF COUNSEL AND WITH A FULL UNDERSTANDING OF THE LEGAL CONSEQUENCES THEREOF, AND SHALL SURVIVE THE PAYMENT OF THE LOANS AND ALL OTHER AMOUNTS PAYABLE HEREUNDER OR UNDER THE OTHER LOAN

Exhibit B-6

DOCUMENTS, THE TERMINATION OR EXPIRATION OF ALL LETTERS OF CREDIT AND THE TERMINATION OF THIS GUARANTY.

Section 18. Loan Accounts. The Administrative Agent and each Lender may maintain books and accounts setting forth the amounts of principal, interest and other sums paid and payable with respect to the Guarantied Obligations arising under or in connection with the Credit Agreement, and in the case of any dispute relating to any of the outstanding amount, payment or receipt of any of the Guarantied Obligations or otherwise, the entries in such books and accounts shall be deemed conclusive evidence of the amounts and other matters set forth herein, absent manifest error. The failure of the Administrative Agent or any Lender to maintain such books and accounts shall not in any way relieve or discharge any Guarantor of any of its obligations hereunder.

Section 19. Waiver of Remedies. No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

Section 20. Termination. This Guaranty shall remain in full force and effect with respect to each Guarantor until indefeasible payment in full of the Guarantied Obligations and the other Obligations and the termination or cancellation of the Credit Agreement in accordance with its terms.

Section 21. Successors and Assigns. Each reference herein to the Administrative Agent or any other Guarantied Party shall be deemed to include such Person’s respective successors and assigns (including, but not limited to, any holder of the Guarantied Obligations) in whose favor the provisions of this Guaranty also shall inure, and each reference herein to each Guarantor shall be deemed to include such Guarantor’s successors and assigns, upon whom this Guaranty also shall be binding. The Guarantied Parties may, in accordance with the applicable provisions of the Credit Agreement, assign, transfer or sell any Guarantied Obligation, or grant or sell participations in any Guarantied Obligations, to any Person without the consent of, or notice to, any Guarantor and without releasing, discharging or modifying any Guarantor’s obligations hereunder. Each Guarantor hereby consents to the delivery by the Administrative Agent or any other Guarantied Party to any Assignee or Participant (or any prospective Assignee or Participant) of any financial or other information regarding the Borrower or any Guarantor. No Guarantor may assign or transfer its obligations hereunder to any Person without the prior written consent of all Lenders and any such assignment or other transfer to which all of the Lenders have not so consented shall be null and void.

Section 22. JOINT AND SEVERAL OBLIGATIONS. THE OBLIGATIONS OF THE GUARANTORS HEREUNDER SHALL BE JOINT AND SEVERAL, AND ACCORDINGLY, EACH GUARANTOR CONFIRMS THAT IT IS LIABLE FOR THE FULL AMOUNT OF THE “GUARANTIED OBLIGATIONS” AND ALL OF THE OBLIGATIONS AND LIABILITIES OF EACH OF THE OTHER GUARANTORS HEREUNDER.

Section 23. Amendments. This Guaranty may not be amended except in writing signed by the Administrative Agent and each Guarantor, subject to Section 12.7 of the Credit Agreement.

Section 24. Payments. All payments to be made by any Guarantor pursuant to this Guaranty shall be made in Dollars, in immediately available funds to the Administrative Agent at its Principal Office, not later than 1:00 p.m. Pacific time, on the date one Business Day after demand therefor.

Exhibit B-7

Section 25. Notices. All notices, requests and other communications hereunder shall be in writing (including facsimile transmission or similar writing) and shall be given (a) to each Guarantor at its address set forth below its signature hereto, (b) to the Administrative Agent or any other Guarantied Party at the address for notices provided for in the Credit Agreement, as applicable, or (c) as to each such party at such other address as such party shall designate in a written notice to the other parties. Each such notice, request or other communication shall be effective (i) if mailed, when received; (ii) if telecopied, when transmitted; or (iii) if hand delivered, when delivered; provided, however, that any notice of a change of address for notices shall not be effective until received.

Section 26. Severability. In case any provision of this Guaranty shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Section 27. Headings. Section headings used in this Guaranty are for convenience only and shall not affect the construction of this Guaranty.

Section 28. Limitation of Liability. Neither the Administrative Agent nor any other Guarantied Party, nor any affiliate, officer, director, employee, attorney, or agent of the Administrative Agent or any other Guarantied Party, shall have any liability with respect to, and each Guarantor hereby waives, releases, and agrees not to sue any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by a Guarantor in connection with, arising out of, or in any way related to, this Guaranty or any of the other Loan Documents, or any of the transactions contemplated by this Guaranty, the Credit Agreement or any of the other Loan Documents. Each Guarantor hereby waives, releases, and agrees not to sue the Administrative Agent or any other Guarantied Party or any of the Administrative Agent’s or any other Guarantied Party’s affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Guaranty, the Credit Agreement or any of the other Loan Documents, or any of the transactions contemplated by the Credit Agreement or financed thereby.

Section 29. Electronic Delivery of Certain Information. Each Guarantor acknowledges and agrees that information regarding the Guarantor may be delivered electronically pursuant to Section 8.5 of the Credit Agreement.

Section 30. Definitions. (a) For the purposes of this Guaranty:

“Proceeding” means any of the following: (i) a voluntary or involuntary case concerning any Guarantor shall be commenced under the Bankruptcy Code of 1978, as amended; (ii) a custodian (as defined in such Bankruptcy Code or any other applicable bankruptcy laws) is appointed for, or takes charge of, all or any substantial part of the property of any Guarantor; (iii) any other proceeding under any Applicable Law, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding-up or composition for adjustment of debts, whether now or hereafter in effect, is commenced relating to any Guarantor; (iv) any Guarantor is adjudicated insolvent or bankrupt; (v) any order of relief or other order approving any such case or proceeding is entered by a court of competent jurisdiction; (vi) any Guarantor makes a general assignment for the benefit of creditors; (vii) any Guarantor shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; (viii) any Guarantor shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debts; (ix) any Guarantor shall by any act or failure to act indicate its consent to, approval of or acquiescence in any of the foregoing; or (x) any corporate action shall be taken by any Guarantor for the purpose of effecting any of the foregoing.

Exhibit B-8

“Qualified ECP Guarantor” means, in respect of any Swap Obligation, each Loan Party that has total assets exceeding $10,000,000 at the time the relevant Guarantee or grant of the relevant security interest becomes effective with respect to such Swap Obligation or such other person as constitutes an “eligible contract participant” under the Commodity Exchange Act or any regulations promulgated thereunder and can cause another person to qualify as an “eligible contract participant” at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

(b) Terms not otherwise defined herein are used herein with the respective meanings given them in the Credit Agreement.

SECTION 31. NO NOVATION.

THE PARTIES HERETO HAVE ENTERED INTO THIS GUARANTY SOLELY TO AMEND AND RESTATE THE TERMS OF THAT CERTAIN GUARANTY DATED AS OF MAY 25, 2011 (AS AMENDED AND IN EFFECT IMMEDIATELY PRIOR TO THE DATE HEREOF, THE “EXISTING GUARANTY”). THE PARTIES DO NOT INTEND THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY TO BE, AND THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL NOT BE CONSTRUED TO BE, A NOVATION OF ANY OF THE OBLIGATIONS OWING BY THE GUARANTORS UNDER OR IN CONNECTION WITH THE EXISTING GUARANTY.

Section 32. Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guaranty in respect of Specified Derivatives Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section, or otherwise under this Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section shall remain in full force and effect until termination of this Guaranty in accordance with Section 20 hereof. Each Qualified ECP Guarantor intends that this Section constitute, and this Section shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

[Signatures on Following Page]

Exhibit B-9

IN WITNESS WHEREOF, each Guarantor has duly executed and delivered this Guaranty as of the date and year first written above.

[NAME OF GUARANTOR]

By:

Name:

Title:

Address for Notices for all Guarantors:

[c/o National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: Chief Financial Officer

Telecopy Number: (407) 650-1044

Telephone Number: (407) 650-1230

With a copy to:

c/o National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: General Counsel

Telecopy Number: (321) 206-2138

Telephone Number: (407) 650-1115]

Exhibit B-10

ANNEX I

FORM OF ACCESSION AGREEMENT

THIS ACCESSION AGREEMENT dated as of , , executed and delivered by

, a (the “New Guarantor”) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the “Administrative Agent”) for the Lenders under that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among NATIONAL RETAIL PROPERTIES, INC. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto, for its benefit and the benefit of the Lenders and the Issuing Bank (the Administrative Agent, the Lenders and the Issuing Bank, each individually a “Guarantied Party” and collectively, the “Guarantied Parties”).

WHEREAS, pursuant to the Credit Agreement, the Guarantied Parties have agreed to make available to the Borrower certain financial accommodations on the terms and conditions set forth in the Credit Agreement;

WHEREAS, the Specified Derivatives Provider may from time to time enter into Specified Derivatives Contracts with the Borrower and/or its Subsidiaries;

WHEREAS, New Guarantor is owned or controlled by the Borrower, or is otherwise an Affiliate of the Borrower;

WHEREAS, the Borrower, the New Guarantor and the other Subsidiaries of the Borrower, though separate legal entities, are mutually dependent on each other in the conduct of their respective businesses as an integrated operation and have determined it to be in their mutual best interests to obtain financing from the Guarantied Parties through their collective efforts;

WHEREAS, New Guarantor acknowledges that it will receive direct and indirect benefits from the Guarantied Parties’ making such financial accommodations available to the Borrower under the Credit Agreement and, accordingly, New Guarantor is willing to guarantee the Borrower’s obligations to the Guarantied Parties on the terms and conditions contained herein; and

WHEREAS, the New Guarantor’s execution and delivery of this Agreement is a condition to the Guarantied Parties’ continuing to make such financial accommodations to the Borrower.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the New Guarantor, the New Guarantor agrees as follows:

Section 1. Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated [●], 20[●] (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”) made by each of the “Guarantors” party thereto in favor of the Administrative Agent for the benefit of the Guarantied Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby:

Exhibit B-11

(a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty);

(b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6 of the Guaranty; and

(c) consents and agrees to each provision set forth in the Guaranty.

SECTION 2. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

Section 3. Definitions. Capitalized terms used herein and not otherwise defined herein shall have their respective defined meanings given them in the Credit Agreement.

[Signatures on Next Page]

Exhibit B-12

IN WITNESS WHEREOF, the New Guarantor has caused this Accession Agreement to be duly executed and delivered under seal by its duly authorized officers as of the date first written above.

[NEW GUARANTOR]

By:

Name:

Title:

(CORPORATE SEAL)

Address for Notices:

National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: Chief Financial Officer

Telecopy Number: (407) 650-1044

Telephone Number: (407) 650-1230

With a copy to:

National Retail Properties, Inc.

450 South Orange Avenue, Suite 900

Orlando, Florida 32801

Attention: General Counsel

Telecopy Number: (321) 206-2138

Telephone Number: (407) 650-1115

Accepted:

WELLS FARGO BANK, NATIONAL

ASSOCIATION, as Administrative Agent

By:

Name:

Title:

Exhibit B-13

EXHIBIT C

FORM OF NOTICE OF BORROWING

, 20

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor

Minneapolis, Minnesota 55415

Attention: Megan Thompson

Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

Ladies and Gentlemen:

Reference is made to that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

1.Pursuant to Section 2.1(b) of the Credit Agreement, the Borrower hereby requests that the Lenders make Revolving Loans to the Borrower in an aggregate amount equal to $ .

2.The Borrower requests that such Revolving Loans be made available to the Borrower [on , 20 ][as a Same-Day Borrowing].

3.The Borrower hereby requests that the requested Revolving Loans all be of the following Type:

[Check one box only]

Base Rate Loans

Same-Day LIBOR Loans (bearing interest at the LIBOR Market Index Rate)

LIBOR Loans, with an initial Interest Period for a duration of:

[Check one box only]

1 week

1 month

3 months

6 months

4.The proceeds of this borrowing of Revolving Loans will be used for the following purpose: .

5.The Borrower requests that the proceeds of this borrowing of Revolving Loans be made available to the Borrower by .

Exhibit C-1

The Borrower hereby certifies to the Administrative Agent and the Lenders that as of the date hereof and as of the date of the making of the requested Revolving Loans and after giving effect thereto, (a) no Default or Event of Default exists or shall exist, and none of the limits specified in Section 2.15. would be violated after giving effect thereto; and (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party are and shall be true and correct in all material respects, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties were true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted under the Loan Documents. In addition, the Borrower certifies to the Administrative Agent and the Lenders that all conditions to the making of the requested Revolving Loans contained in Article V. of the Credit Agreement will have been satisfied at the time such Revolving Loans are made.

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Notice of Borrowing as of the date first written above.

NATIONAL RETAIL PROPERTIES, INC.

By:

Name:

Title:

Exhibit C-2

EXHIBIT D

FORM OF NOTICE OF CONTINUATION

, 20

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor

Minneapolis, Minnesota 55415

Attention: Megan Thompson

Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

Ladies and Gentlemen:

Reference is made to that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

Pursuant to Section 2.8. of the Credit Agreement, the Borrower hereby requests a Continuation of Loans under the Credit Agreement, and in that connection sets forth below the information relating to such Continuation as required by such Section of the Credit Agreement:

1.The proposed date of such Continuation is , 20 .

2.The aggregate principal amount of the Loans subject to the requested Continuation is $_________________________ and was originally borrowed by the Borrower on , 20__.

3.The portion of such principal amount subject to such Continuation is $____________________________.

4.The current Interest Period for each of the Loans subject to such Continuation ends on , 20__.

5.The duration of the new Interest Period for each of such Loans or portion thereof subject to such Continuation is:

[Check one box only]

1 week

1 month

3 months

6 months

[Continued on next page]

Exhibit D-1

The Borrower hereby certifies to the Administrative Agent and the Lenders that as of the date hereof, as of the proposed date of the requested Continuation, and after giving effect to such Continuation, no Default or Event of Default exists or will exist.

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Notice of Continuation as of the date first written above.

NATIONAL RETAIL PROPERTIES, INC.

By:

Name:

Title:

Exhibit D-2

EXHIBIT E

FORM OF NOTICE OF CONVERSION

, 20

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor

Minneapolis, Minnesota 55415

Attention: Megan Thompson

Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

Ladies and Gentlemen:

Reference is made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

Pursuant to Section 2.09. of the Credit Agreement, the Borrower hereby requests a Conversion of Loans of one Type into Loans of another Type under the Credit Agreement, and in that connection sets forth below the information relating to such Conversion as required by such Section of the Credit Agreement:

1.The proposed date of such Conversion is , 20 .

2.The Loans to be Converted pursuant hereto are currently:

[Check one box only]

Base Rate Loans

LIBOR Loans

3.The aggregate principal amount of Loans subject to the requested Conversion is $______________ and was originally borrowed by the Borrower on _______________, 20__

4.The portion of such principal amount subject to such Conversion is $_____________________.

Exhibit E-1

5.The amount of such Loans to be so Converted is to be converted into Loans of the following Type:

[Check one box only]

Base Rate Loans

Same-Day LIBOR Loans (bearing interest at the LIBOR Market Index Rate)

LIBOR Loans, with an initial Interest Period for a duration of:

[Check one box only]

1 week

1 month

3 months

6 months

The Borrower hereby certifies to the Administrative Agent and the Lenders that as of the date hereof, as of the proposed date of the requested Conversion, and after giving effect to such Conversion, no Default or Event of Default exists or will exist.

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Notice of Conversion as of the date first written above.

NATIONAL RETAIL PROPERTIES, INC.

By:

Name:

Title:

Exhibit E-2

EXHIBIT F

SUSTAINABILITY METRIC DEFINITIONS

“Corporate Rating Score” means the “ISS Corporate Rating” (with a range of “A+” to “D-” , with “A+” being “higher” than “D-”) assigned to the Borrower by ISS in respect of the Borrower for the Test Period ending on a Measurement Date.

“Corporate Rating Score Compliant” means, in respect of any Measurement Date, the Borrower obtains a Corporate Rating Score for the Test Period ending on such Measurement Date that is equal to or higher than the Corporate Rating Score which corresponds to the Measurement Date set forth in the chart contained in the definition of Sustainability Metric Threshold (e.g., as of the December 5, 2021 Measurement Date, obtaining a Corporate Rating Score of D+ or higher).

“ESG Score” means the numerical amount, equal to the sum of the scores assigned to the Borrower by ISS for “Governance”, “Environmental” and “Social” (each on a scale of 1-10, with 1 being “lower” than 10) in respect of the Borrower for the Test Period ending on a Measurement Date.

“ESG Compliant” means, in respect of any Measurement Date, the Borrower obtains an ESG Score for the Test Period ending on such Measurement Date that is equal to or lower than the ESG Score which corresponds to the Measurement Date set forth in the chart contained in the definition of Sustainability Metric Threshold (e.g., for the Measurement Date ending December 5, 2021, obtaining an ESG Score of 11 or lower).

“Measurement Date” means any date set forth in the chart contained in the definition of Sustainability Metric Threshold under the column titled “Measurement Date”.

“ISS” means Institutional Shareholder Services, Inc.

“Sustainability Metric Compliant” means, in respect of any Measurement Date, the Borrower is ESG Compliant or Corporate Rating Score Compliant.

“Sustainability Metric Threshold” means, as of any Measurement Date set forth in the chart below, the corresponding thresholds set forth under the columns titled “ESG Score” and “Corporate Rating Score”.

Sustainability Metric Threshold
Measurement Date ESG Score Corporate Rating Score
December 5, 2021 11 D+
December 5, 2022 10 C-
December 5, 2023 9 C
December 5, 2024 8 C+
December 5, 2025 7 B-

“Test Period” means the immediately preceding twelve-month period ending on December 5 of a calendar year.

Exhibit F-1

EXHIBIT G

FORM OF DISBURSEMENT INSTRUCTION AGREEMENT

Borrower: NATIONAL RETAIL PROPERTIES, INC.
Administrative    Agent:    WELLS    FARGO    BANK,    NATIONAL    ASSOCIATION,    AS ADMINISTRATIVE AGENT FOR ITSELF AND ON BEHALF OF THE LENDERS
Loan: Loan number 1001642-1 made pursuant to that certain Second Amended and Restated Credit Agreement by and among the Borrower, financial institutions from time to time party thereto, the Administrative Agent, and the other parties thereto, as amended from time to time
Effective Date: June 23, 2021
Check applicable box:<br><br><br><br>•New – This is the first Disbursement Instruction Agreement submitted in connection with the Loan.<br><br>•Replace Previous Agreement – This is a replacement Disbursement Instruction Agreement. All prior instructions submitted in connection with this Loan are cancelled as of the Effective Date set forth above.

This Agreement must be signed by the Borrower and is used for the following purposes:

(1)    to designate an individual or individuals with authority to request disbursements of Loan proceeds, whether at the time of Loan closing/origination or thereafter;

(2)    to designate an individual or individuals with authority to request disbursements of funds from Restricted Accounts (as defined in the Terms and Conditions attached to this Agreement), if applicable; and

(3)    to provide Administrative Agent with specific instructions for wiring or transferring funds on Borrower’s behalf.

Any of the disbursements, wires or transfers described above are referred to herein as a “Disbursement.”

Specific dollar amounts for Disbursements must be provided to Administrative Agent at the time of the applicable Disbursement in the form of a signed closing statement, an email instruction or other written communication (each, a “Disbursement Request”) from an applicable Authorized Representative (as defined in the Terms and Conditions attached to this Agreement).

A new Disbursement Instruction Agreement must be completed and signed by the Borrower if (i) all or any portion of a Disbursement is to be transferred to an account or an entity not described in this Agreement or (ii) Borrower wishes to add or remove any Authorized Representatives.

G-1

See the Additional Terms and Conditions attached hereto for additional information and for definitions of certain capitalized terms used in this Agreement.

Disbursements of Loan Proceeds at Origination/Closing
Closing Disbursement Authorizers: Administrative Agent is authorized to accept one or more Disbursement Requests from any of the individuals named below (each, a “Closing Disbursement Authorizer”) to disburse Loan proceeds after the date of the Loan origination/closing and to initiate Disbursements in connection therewith (each, a “Closing Disbursement”):
Individual’s Name Title
1.
2.
3.
Describe Restrictions, if any, on the authority of the Closing Disbursement Authorizers (dollar amount limits, wire/deposit destinations, etc.):<br><br>DESCRIBE APPLICABLE RESTRICTIONS OR INDICATE “N/A”<br><br>If there are no restrictions described here, any Closing Disbursement Authorizer may submit a Disbursement Request for all available Loan proceeds.
Permitted Wire Transfers: Disbursement Requests for Closing Disbursement(s) to be made by wire transfer must specify the amount and applicable Receiving Party. Each Receiving Party included in any such Disbursement Request must be listed below. Administrative Agent is authorized to use the wire instructions that have been provided directly to Administrative Agent by the Receiving Party or Borrower and attached as the Closing Disbursement Exhibit. All wire instructions must be in the format specified on the Closing Exhibit.
--- ---
Names of Receiving Parties for Closing Disbursement(s) (may include as many parties as needed; wire instructions for each Receiving Party must be attached as the Closing Exhibit)
1.
2.
3.

DELETE    FOLLOWING    SECTION    IF    NO    DEPOSITS    INTO    WFB    ACCOUNTS    AT ORIGINATION/CLOSING

ADD LINES FOR ADDITIONAL DEPOSIT ACCOUNT INFORMATION IF NECESSARY

Direct Deposit: Disbursement Requests for Closing Disbursements to be deposited into an account at Wells Fargo Bank, N.A. must specify the amount and applicable account. Each account included in any such Disbursement Request must be listed below.
Name on Deposit Account:
Wells Fargo Bank, N.A. Deposit Account Number:
Further Credit Information/Instructions:

G-2

Disbursements of Loan Proceeds Subsequent to Loan Closing/Origination
Subsequent Disbursement Authorizers: Administrative Agent is authorized to accept one or more Disbursement Requests from any of the individuals named below (each, a “Subsequent Disbursement Authorizer”) to disburse Loan proceeds after the date of the Loan origination/closing and to initiate Disbursements in connection therewith (each, a “Subsequent Disbursement”):
Individual’s Name Title
1.
2.
3.
Describe Restrictions, if any, on the authority of the Subsequent Disbursement Authorizers (dollar amount limits, wire/deposit destinations, etc.):<br><br>DESCRIBE APPLICABLE RESTRICTIONS OR INDICATE “N/A”<br><br>If there are no restrictions described here, any Subsequent Disbursement Authorizer may submit a Disbursement Request for all available Loan proceeds.
Permitted Wire Transfers: Disbursement Requests for Subsequent Disbursements to be made by wire transfer must specify the amount and applicable Receiving Party. Each Receiving Party included in any such Disbursement Request must be listed below. Administrative Agent is authorized to use the wire instructions that have been provided directly to Administrative Agent by the Receiving Party or Borrower and attached as the Subsequent Disbursement Exhibit. All wire instructions must be in the format specified on the Subsequent Disbursement Exhibit.
--- ---
Names of Receiving Parties for Subsequent Disbursements (may include as many parties as<br><br>needed; wire instructions for each Receiving Party must be attached as the Subsequent Disbursement Exhibit)
1.
2.
3.

DELETE    FOLLOWING    SECTION    IF    NO    DEPOSITS    INTO    WFB    ACCOUNTS    AT ORIGINATION/CLOSING

ADD LINES FOR ADDITIONAL DEPOSIT ACCOUNT INFORMATION IF NECESSARY

Direct Deposit: Disbursement Requests for Subsequent Disbursements to be deposited into an account at Wells Fargo Bank, N.A. must specify the amount and applicable account. Each account included in any such Disbursement Request must be listed below.
Name on Deposit Account:
Wells Fargo Bank, N.A. Deposit Account Number:
Further Credit Information/Instructions:

G-3

Borrower acknowledges that all of the information in this Agreement is correct and agrees to the terms and conditions set forth herein and in the Additional Terms and Conditions on the following page.

NATIONAL RETAIL PROPERTIES, INC.

By:_______________________ Name:

Title:

G-

Additional Terms and Conditions to the Disbursement Instruction Agreement

Definitions. The following capitalized terms shall have the meanings set forth below:

"Authorized Representative" means any or all of the Closing Disbursement Authorizers, Subsequent Disbursement Authorizers and Restricted Account Disbursement Authorizers, as applicable.

"Receiving Bank" means the financial institution where a Receiving Party maintains its account.

"Receiving Party" means the ultimate recipient of funds pursuant to a Disbursement Request.

"Restricted Account" means an account at Wells Fargo Bank, National Association, associated with the Loan to which Borrower's access is restricted.

Capitalized terms used in these Additional Terms and Conditions to Disbursement Instruction Agreement and not otherwise defined herein shall have the meanings given to such terms in the body of the Agreement.

Disbursement Requests. Administrative Agent must receive Disbursement Requests in writing. Verbal requests are not accepted. Disbursement Requests will only be accepted from the applicable Authorized Representatives designated in the Disbursement Instruction Agreement. Disbursement Requests will be processed subject to satisfactory completion of Administrative Agent's customer verification procedures. Administrative Agent is only responsible for making a good faith effort to execute each Disbursement Request and may use agents of its choice to execute Disbursement Requests. Funds disbursed pursuant to a Disbursement Request may be transmitted directly to the Receiving Bank, or indirectly to the Receiving Bank through another bank, government agency, or other third party that Administrative Agent considers to be reasonable. Administrative Agent will, in its sole discretion, determine the funds transfer system and the means by which each Disbursement will be made. Administrative Agent may delay or refuse to accept a Disbursement Request if the Disbursement would: (i) violate the terms of this Agreement; (ii) require use of a bank unacceptable to Administrative Agent or prohibited by government authority; (iii) cause Administrative Agent to violate any Federal Reserve or other regulatory risk control program or guideline; or (iv) otherwise cause Administrative Agent to violate any applicable law or regulation.

Limitation of Liability. Administrative Agent shall not be liable to Borrower or any other parties for: (i) errors, acts or failures to act of others, including other entities, banks, communications carriers or clearinghouses, through which Borrower's requested Disbursements may be made or information received or transmitted, and no such entity shall be deemed an agent of Administrative Agent; (ii) any loss, liability or delay caused by fires, earthquakes, wars, civil disturbances, power surges or failures, acts of government, labor disputes, failures in communications networks, legal constraints or other events beyond Administrative Agent's control; or (iii) any special, consequential, indirect or punitive damages, whether or not (A) any claim for these damages is based on tort or contract or (B) Administrative Agent or Borrower knew or should have known the likelihood of these damages in any situation. Administrative Agent makes no representations or warranties other than those expressly made in this Agreement. IN NO EVENT WILL LENDER BE LIABLE FOR DAMAGES ARISING DIRECTLY OR INDIRECTLY IF A DISBURSEMENT REQUEST IS EXECUTED BY LENDER IN GOOD FAITH AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

Reliance on Information Provided. Administrative Agent is authorized to rely on the information provided by Borrower or any Authorized Representative in or in accordance with this Agreement when executing a Disbursement Request until Administrative Agent has received a new Agreement signed by

G-5

Borrower. Borrower agrees to be bound by any Disbursement Request: (i) authorized or transmitted by Borrower; or (ii) made in Borrower's name and accepted by Administrative Agent in good faith and in compliance with this Agreement, even if not properly authorized by Borrower. Administrative Agent may rely solely (i) on the account number of the Receiving Party, rather than the Receiving Party's name, and (ii) on the bank routing number of the Receiving Bank, rather than the Receiving Bank's name, in executing a Disbursement Request. Administrative Agent is not obligated or required in any way to take any actions to detect errors in information provided by Borrower or an Authorized Representative. If Administrative Agent takes any actions in an attempt to detect errors in the transmission or content of transfers or requests or takes any actions in an attempt to detect unauthorized Disbursement Requests, Borrower agrees that, no matter how many times Administrative Agent takes these actions, Administrative Agent will not in any situation be liable for failing to take or correctly perform these actions in the future, and such actions shall not become any part of the Disbursement procedures authorized herein, in the Loan Documents, or in any agreement between Administrative Agent and Borrower.

International Disbursements. A Disbursement Request expressed in US Dollars will be sent in US Dollars, even if the Receiving Party or Receiving Bank is located outside the United States. Administrative Agent will not execute Disbursement Requests expressed in foreign currency unless permitted by the Loan Agreement.

Errors. Borrower agrees to notify Administrative Agent of any errors in the Disbursement of any funds or of any unauthorized or improperly authorized Disbursement Requests within fourteen (14) days after Administrative Agent's confirmation to Borrower of such Disbursement. If Administrative Agent is notified that it did not disburse the full amount requested in a Disbursement Request, Administrative Agent's sole liability will be to promptly disburse the amount of the stated deficiency. If Administrative Agent disburses an amount in excess of the amount requested in a Disbursement Request, Administrative Agent will only be liable for such excess amount to the extent that Borrower does not receive the benefit of such amount.

Finality of Disbursement Requests. Disbursement Requests will be final and will not be subject to stop payment or recall; provided that Administrative Agent may, at Borrower's request, make an effort to effect a stop payment or recall but will incur no liability whatsoever for its failure or inability to do so.

G-6

CLOSING EXHIBIT

WIRE INSTRUCTIONS

All wire instructions must contain the following information:

Transfer/Deposit Funds to (Receiving Party Account Name)
Receiving Party Deposit Account Number
Receiving Bank Name, City and State
Receiving Bank Routing (ABA) Number
Further identifying information, if applicable (title escrow number, borrower name, loan number, etc.)

G-8

SUBSEQUENT DISBURSEMENT EXHIBIT

WIRE INSTRUCTIONS

All wire instructions must contain the following information:

Transfer/Deposit Funds to (Receiving Party Account Name)
Receiving Party Deposit Account Number
Receiving Bank Name, City and State
Receiving Bank Routing (ABA) Number
Further identifying information, if applicable (title escrow number, borrower name, loan number, etc.)

G-8

EXHIBIT H

FORM OF REVOLVING NOTE

$___________ __________, 20__

FOR VALUE RECEIVED, the undersigned, NATIONAL RETAIL PROPERTIES, INC. (the“Borrower”) hereby unconditionally promises to pay to the order of ___________________________ (the “Lender”), in care of Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), to Wells Fargo Bank, National Association, 600 South 4th St., 8th Floor, Minneapolis, Minnesota 55415, or at such other address as may be specified by the Administrative Agent to the Borrower, the principal sum of ____________________ AND /100 DOLLARS ($ ) (or such lesser amount as shall equal the aggregate unpaid principal amount of Revolving Loans made by the Lender to the Borrower under the Credit Agreement (as herein defined)), on the dates and in the principal amounts provided in the Credit Agreement, and to pay interest on the unpaid principal amount owing hereunder, at the rates and on the dates provided in the Credit Agreement.

The date, amount of each Revolving Loan made by the Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by the Lender on its books and, prior to any transfer of this Note, endorsed by the Lender on the schedule attached hereto or any continuation thereof, provided that the failure of the Lender to make any such recordation or endorsement shall not affect the obligations of the Borrower to make a payment when due of any amount owing under the Credit Agreement or hereunder in respect of the Revolving Loans made by the Lender.

This Note is one of the Revolving Notes referred to in the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the financial institutions party thereto and their assignees under Section 12.6. thereof, the Administrative Agent, and the other parties thereto, and is subject to, and entitled to, all provisions and benefits thereof. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

The Credit Agreement provides for the acceleration of the maturity of this Note upon the occurrence of certain events and for prepayments of Loans upon the terms and conditions specified therein.

THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

The Borrower hereby waives presentment for payment, demand, notice of demand, notice of non-payment, protest, notice of protest and all other similar notices.

Time is of the essence for this Note.

[This Note is intended to be an amendment and restatement of, and is given in replacement of, that certain Revolving Note dated , 20__ issued by the Borrower in favor of the Lender (the “Prior Note”) and is not intended to be, and shall not be construed to be, a novation of any of the obligations owing under or in connection with the Prior Note. By its acceptance hereof, the Lender agrees to return to the Borrower, or to destroy, the Prior Note.]

Exhibit H-1

IN WITNESS WHEREOF, the undersigned has executed and delivered this Revolving Note under seal as of the date first written above.

NATIONAL RETAIL PROPERTIES, INC.

By:

Name: _____________________

Title: ______________________

Exhibit H-2

SCHEDULE OF REVOLVING LOANS

This Note evidences Revolving Loans made under the within-described Credit Agreement to the Borrower, on the dates, in the principal amounts, bearing interest at the rates and maturing on the dates set forth below, subject to the payments and prepayments of principal set forth below:

Date of Loan Principal Amount of Loan Interest Rate Maturity Date of Loan Amount Paid of Prepaid Unpaid Principal Amount Notation Made By

Exhibit H-3

EXHIBIT I

[RESERVED]

Exhibit I-1

EXHIBIT J

FORM OF SUSTAINABILITY GRID NOTICE

, 20

Wells Fargo Bank, National Association

600 South 4th St., 8th Floor Minneapolis, Minnesota 55415 Attention: Megan Thompson Telephone: 612-478-3771

Email: megan.thompson2@wellsfargo.com

Ladies and Gentlemen:

Reference is made to that certain Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.

Pursuant to the terms of the Credit Agreement, the undersigned hereby certifies, in such person’s corporate and not individual capacity, to the Administrative Agent that:

The Borrower hereby certifies the following for the Measurement Date ending December 5,

20[__]:

1.The ESG Score for the Test Period is [    ].

2.The Corporate Rating Score for the Test Period is [    ].

3.The Sustainability Metric Threshold for the Measurement Date is:

a.ESG Score: [    ]; and/or

b.Corporate Rating Score: [    ].

As such, the undersigned herby certifies that the Borrower is Sustainability Metric Compliant as of the Measurement Date.

[Signature on Following Page]

Exhibit J-1

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Sustainability Grid Notice in his/her corporate capacity as an authorized officer and not individually as of the date first written above.

NATIONAL RETAIL PROPERTIES, INC.

By:_____________________________ Name:________________________

Title:

Exhibit J-2

EXHIBIT K

FORM OF COMPLIANCE CERTIFICATE

______________________, 20___

Reference is made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given to them in the Credit Agreement.

Pursuant to Section 8.3 of the Credit Agreement, the undersigned hereby certifies to the Administrative Agent and the Lenders as follows:

1.The undersigned is the________________________of the Borrower.

2.The undersigned has examined the books and records of the Borrower and has conducted such other examinations and investigations as are reasonably necessary to provide this Compliance Certificate.

3.To the best of such officer’s knowledge, information and belief after due inquiry, no Default or Event of Default exists as of the date of this Compliance Certificate [if such is not the case, specify such Default or Event of Default and its nature, when it occurred and whether it is continuing and the steps being taken by the Borrower with respect to such event, condition or failure].

4.The representations and warranties made or deemed made by the Borrower and the other Loan Parties in the Credit Agreement and the other Loan Documents to which any is a party, are true and correct in all material respects on and as of the date hereof, except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted under the Credit Agreement or the other Loan Documents.

5.Attached hereto as Schedule 1 are reasonably detailed calculations establishing whether or not the Borrower and its Subsidiaries were in compliance with the covenants contained in Sections 9.1. and 9.2. of the Credit Agreement.

6.Attached hereto as Schedule 2 is a report setting forth (a) a description of all Properties acquire during such fiscal quarter, including the net operating income of each such Property, acquisition costs and related mortgage debt and (b) all Unencumbered Assets at the end of such fiscal quarter.

[Signatures on Following Page]

Exhibit K-1

IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date first above written.

_______________________________________

image_8.jpg

Name:_______________________

Title: _______________________

Exhibit K-2

Schedule 1

Financial Covenant Compliance

[Calculations to be attached]

Exhibit K-3

Schedule 2

Properties and Unencumbered Assets

[Report to be Attached]

Exhibit K-4

EXHIBIT L

[RESERVED]

Exhibit L-1

EXHIBIT M

[RESERVED]

Exhibit M-1

EXHIBIT N-1

FORM OF U.S. TAX COMPLIANCE CERTIFICATE

(For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes)

Reference is hereby made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto.

Pursuant to the provisions of Section 3.11. of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Internal Revenue Code.

The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.

Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.

[NAME OF LENDER]

By:             Name:     Title:

Date:    , 20

Exhibit N-1-1

EXHIBIT N-2

FORM OF U.S. TAX COMPLIANCE CERTIFICATE

(For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes)

Reference is hereby made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto.

Pursuant to the provisions of Section 3.11. of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the participation in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code, and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Internal Revenue Code.

The undersigned has furnished its participating Lender with a certificate of its non-U.S. Person status on IRS Form W-8BEN. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender in writing, and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.

Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.

[NAME OF PARTICIPANT]

By:

Name:_____________________

Title: _____________________

Date: , 20

Exhibit N-2-1

EXHIBIT N-3

FORM OF U.S. TAX COMPLIANCE CERTIFICATE

(For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes)

Reference is hereby made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto.

Pursuant to the provisions of Section 3.11. of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the participation in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such participation, (iii) with respect such participation, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Internal Revenue Code.

The undersigned has furnished its participating Lender with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or (ii) an IRS Form W-8IMY accompanied by an IRS Form W- 8BEN from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.

Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.

[NAME OF PARTICIPANT]

By:

Name:_____________________

Title: _____________________

Date: , 20

Exhibit N-3-1

EXHIBIT N-4

FORM OF U.S. TAX COMPLIANCE CERTIFICATE

(For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes)

Reference is hereby made to the Second Amended and Restated Credit Agreement dated as of June 23, 2021 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among National Retail Properties, Inc. (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.6. thereof (the “Lenders”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and the other parties thereto.

Pursuant to the provisions of Section 3.11. of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such Loan(s) (as well as any Note(s) evidencing such Loan(s)), (iii) with respect to the extension of credit pursuant to this Credit Agreement or any other Loan Document, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Internal Revenue Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Internal Revenue Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Internal Revenue Code.

The undersigned has furnished the Administrative Agent and the Borrower with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BEN from each of such partner’s/member’s beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.

Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.

[NAME OF LENDER]

By:

Name:_____________________

Title: _____________________

Date: , 20

Exhibit N-4-1