Approvals
73
8.11
No Reliance on Agent's Customer Identification Program
74
8.12
Delegation of Duties
74
8.13
Titled Agents
74
9.
Miscellaneous
74
9.1
No Waiver, Amendments.
74
9.2
Notices
75
9.3
Venue
75
9.4
Choice of Law
76
9.5
Survival; Parties Bound; Successors and Assigns
76
9.6
Counterparts
78
9.7
Usury Not Intended; Refund of Any Excess Payments
78
9.8
Captions
78
9.9
Severability
78
9.10
Disclosures
78
9.11
Entire Agreement
79
9.12.
Waiver of Jury Trial
79
9.13.
Amendment and Restatement
79
9.14
USA PATRIOT Act Notice
80
9.15
Waiver of Consequential Damages, Etc.
80
9.16
Contractual Recognition of Bail-In
80
SCHEDULES AND EXHIBITS
SCHEDULE I
SCHEDULE II
Applicable Margin
Lender Commitments and Percentages
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT C-1
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
Form of Officer's Certificate
Form of Request for Loan
Form of Promissory Note
Form of Swing Loan Note
Form of Opinion of Counsel
Form of Request for Extension
Form of Competitive Bid Loan Note
Form of Competitive Bid Request
Form of Invitation for Competitive Bid Quotes
Form of Competitive Bid Quote
CERTAIN EXHIBITS HAVE BEEN OMITTED, AND THE REGISTRANT AGREES TO FURNISH
SUPPLEMENTALLY A COPY OF SUCH OMITTED EXHIBITS TO THE SECURITIES AND EXCHANGE
COMMISSION UPON ITS REQUEST.
FOURTH AMENDED AND RESTATED
CREDIT AGREEMENT
THIS FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (as amended, modified,
extended or restated from time to time, the "Agreement") is made and entered
into as of June 14, 2018 (the "Effective Date"), by and among EASTGROUP
PROPERTIES, L.P., a Delaware limited partnership, and EASTGROUP PROPERTIES,
INC., a Maryland corporation, jointly and severally (collectively, the
"Borrower"), the financial institutions (including PNC, the "Lenders") which are
now or may hereafter become signatories hereto, PNC BANK, NATIONAL ASSOCIATION,
a national banking association ("PNC"), as Administrative Agent for the Lenders
(in such capacity, "Agent"), REGIONS BANK, as Syndication Agent, and WELLS FARGO
BANK, NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., and U.S. BANK NATIONAL
ASSOCIATION, as Co-Documentation Agents.
WITNESSETH THAT:
WHEREAS, Borrower, certain of the Lenders, and Agent are parties to a certain
Third Amended and Restated Credit Agreement dated December 18, 2012 to be
effective as of January 2, 2013 (as amended by that certain First Amendment to
Third Amended and Restated Credit Agreement dated August 9, 2013, and that
certain Second Amendment to Third Amended and Restated Credit Agreement dated
July 30, 2015, the "Existing Credit Agreement"); and
WHEREAS, Borrower, Lenders and Agent wish to amend and restate the Existing
Credit Agreement as set forth herein by, among other things, (i) increasing the
Total Commitments to $350 million, (ii) reallocating the Lender Commitments,
(iii) extending the Maturity Date, and (iv) modifying certain covenants and
other provisions of the Existing Credit Agreement.
NOW, THEREFORE, the parties hereto, in consideration of their mutual covenants
and agreements hereinafter set forth and intending to be legally bound hereby,
agree to amend and restate the Existing Credit Agreement in its entirety as
follows:
1. Definitions.
Unless a particular