of a Pool
Property required by Agent to determine compliance with the covenant contained
in paragraph (vii) of the definition of "Eligible Real Estate" contained in
§1.1.
(k)
Subsidiary Guarantor Documents. With respect to Real Estate owned by a
Subsidiary, the Joinder Agreement and such other documents, instruments,
reports, assurances, or opinions as the Agent may reasonably require.
(l)
Additional Documents. Such other agreements, documents, certificates,
reports or assurances as the Agent may reasonably require.
SCHEDULE 6.3
TITLE TO PROPERTIES
None.
SCHEDULE 6.5
NO MATERIAL CHANGES
None.
SCHEDULE 6.6
TRADEMARKS, TRADENAMES
None.
SCHEDULE 6.7
PENDING LITIGATION
None.
SCHEDULE 6.10
TAX STATUS
None.
SCHEDULE 6.15
CERTAIN TRANSACTIONS
None.
SCHEDULE 6.20
ENVIRONMENTAL RELEASES
None.
SCHEDULE 6.21(a)
SUBSIDIARIES OF REIT
See attached.
SCHEDULE 6.21(b)
UNCONSOLIDATED AFFILIATES OF REIT AND ITS SUBSIDIARIES
None.
SCHEDULE 6.22
EXCEPTIONS TO RENT ROLL
None.
SCHEDULE 6.23
PROPERTY
None.
SCHEDULE 6.25
MATERIAL LOAN AGREEMENTS
None.
SCHEDULE 6.34
SERVICE GUARANTEES
None.
SCHEDULE 6.35
HEALTHCARE
None.
EXHIBITS AND SCHEDULES
Exhibit A
FORM OF AMENDED AND RESTATED REVOLVING CREDIT NOTE
Exhibit B
FORM OF AMENDED AND RESTATED SWING LOAN NOTE
Exhibit C
FORM OF TERM LOAN NOTE
Exhibit D
INTENTIONALLY OMITTED
Exhibit E
FORM OF JOINDER AGREEMENT
Exhibit F
INTENTIONALLY OMITTED
Exhibit G
INTENTIONALLY OMITTED
Exhibit H
FORM OF REQUEST FOR REVOLVING CREDIT LOAN
Exhibit I
FORM OF LETTER OF CREDIT REQUEST
Exhibit J
FORM OF POOL CERTIFICATE
POOL AVAILABILITY WORKSHEET
Exhibit K
FORM OF COMPLIANCE CERTIFICATE
Exhibit L
FORM OF ASSIGNMENT AND ACCEPTANCE AGREEMENT
Exhibit M
FORM OF LETTER OF CREDIT APPLICATION
Exhibit N-1
FORM OF U.S. TAX COMPLIANCE CERTIFICATE
Exhibit N-2
FORM OF U.S. TAX COMPLIANCE CERTIFICATE
Exhibit N-3
FORM OF U.S. TAX COMPLIANCE CERTIFICATE
Exhibit N-4
FORM OF U.S. TAX COMPLIANCE CERTIFICATE
Schedule 1.1
LENDERS AND COMMITMENTS
REVOLVING CREDIT LOAN
Schedule 1.2
SUBSIDIARY GUARANTORS
Schedule 1.3
INITIAL POOL PROPERTIES
Schedule 4.3
ACCOUNTS
Schedule 5.3
ELIGIBLE REAL ESTATE QUALIFICATION DOCUMENTS
Schedule 6.3
TITLE TO PROPERTIES
Schedule 6.5
NO MATERIAL CHANGES
Schedule 6.6
TRADEMARKS, TRADENAMES
Schedule 6.7
PENDING LITIGATION
Schedule 6.10
TAX STATUS
Schedule 6.15
CERTAIN TRANSACTIONS
Schedule 6.20
ENVIRONMENTAL RELEASES
Schedule 6.21(a)
SUBSIDIARIES OF REIT
Schedule 6.21(b)
UNCONSOLIDATED AFFILIATES REIT AND ITS SUBSIDIARIES
Schedule 6.22
EXCEPTIONS TO RENT ROLL
Schedule 6.23
PROPERTY
Schedule 6.25
MATERIAL LOAN AGREEMENTS
Schedule 6.34
SERVICE GUARANTEES
Schedule 6.35
HEALTHCARE
TABLE OF CONTENTS
Page
§1.
DEFINITIONS AND RULES OF INTERPRETATION.
1
§1.1
Definitions
1
§1.2
Rules of Interpretation
44
§1.3
Financial Attributes of Unconsolidated Affiliates and Subsidiaries that are not
Wholly-Owned Subsidiaries
45
§2.
THE CREDIT FACILITY.
46
§2.1
Revolving Credit Loans
46
§2.2
Commitment to Lend Term Loan A and Term Loan B
47
§2.3
Facility Unused Fee
49
§2.4
Reduction and Termination of the Revolving Credit Commitments
49
§2.5
Swing Loan Commitment
50
§2.6
Interest on Loans
53
§2.7
Requests for Revolving Credit Loans
53
§2.8
Funds for Loans
54
§2.9
Use of Proceeds
55
§2.10
Letters of Credit
55
§2.11
Increase in Total Commitment
59
§2.12
Extension of Revolving Credit Maturity Date.
62
§2.13
Defaulting Lenders
63
§3.
REPAYMENT OF THE LOANS.
67