PERMITTED EXCEPTIONS
EXHIBIT C:
FACILITY INFORMATION
EXHIBIT D:
WIRE TRANSFER INSTRUCTIONS
EXHIBIT E:
DOCUMENTS TO BE DELIVERED
EXHIBIT F:
FINANCIAL CERTIFICATION
EXHIBIT G:
ANNUAL CAPITAL EXPENDITURE CERTIFICATE
EXHIBIT H:
DEVELOPMENT PAYMENT REQUEST
EXHIBIT I:
[RESERVED]
EXHIBIT J:
EXISTING SUBLEASES
EXHIBIT K:
ENVIRONMENTAL INSURANCE
EXHIBIT L:
ANNUAL FACILITY CONFIGURATION CERTIFICATE
EXHIBIT M:
ANTI-CORRUPTION AND ANTI-TERRORISM CERTIFICATE
EXHIBIT N:
OPTION FACILITY LEASES
EXHIBIT O:
REQUIRED CAP EX PROJECTS
EXHIBIT P:
EXCLUDED ENTITIES
EXHIBIT Q:
Pre‐Existing violations
EXHIBIT R:
CAPITAL ENHANCEMENT PROJECTS
EXHIBIT S:
Allocated Payment amount
EXHIBIT T:
Future rights
EXHIBIT U:
financial covenaNts
EXHIBIT V:
option to purchase
EXHIBIT W:
Certain definitions
EXHIBIT X:
Right of first offer
EXHIBIT Y:
eATONTOWN SIGNAGE EASEMENT
EXHIBIT Z:
EATONTOWN VACANT PARCEL
v
TWENTIETH AMENDED AND RESTATED MASTER LEASE AGREEMENT
This TWENTIETH AMENDED AND RESTATED MASTER LEASE AGREEMENT ("Lease") is
effective as of January 31, 2017 (the "Effective Date") among FC‐Gen Real
Estate, LLC, a limited liability company organized under the laws of the State
of Delaware ("Landlord"), having its chief executive office located at 4500 Dorr
Street, Toledo, Ohio
43615‐4040, and Genesis Operations LLC, a limited
liability company organized under the laws of the State of Delaware ("Tenant"),
having its chief executive office located at 101 East State Street, Kennett
Square, Pennsylvania 19348.
R E C I T A L S
A.
Landlord and Tenant have previously entered into that certain
Nineteenth Amended and Restated Master Lease Agreement dated December 1, 2015,
pursuant to which Landlord leased certain of the Leased Property to Tenant and
Tenant leased certain of the Leased Property from Landlord (as amended, the
"Existing Lease").
B.
Effective as of the Effective Date, Landlord and Tenant desire to
amend and restate the Existing Lease as set forth herein.
NOW, THEREFORE, Landlord and Tenant agree that the Existing Lease is hereby
amended and restated in its entirety as follows:
ARTICLE 1:
LEASED PROPERTY, TERM AND DEFINITIONS
1.1
Leased Property.
Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord the Leased Property, subject, however, to the Permitted
Exceptions and subject to the terms and conditions of this Lease.
1.2
Indivisible Lease.
This Lease constitutes one indivisible lease of
the entire Leased Property.
The Leased Property constitutes one economic unit
and the Base Rent and all other provisions have been negotiated and agreed to,
based on a lease of all of the Leased Property as a single, composite,
inseparable transaction.
This Lease would not have been made on these terms if
it was not a single indivisible lease.
Except as expressly provided herein for
specific, isolated purposes (and then only to the extent expressly otherwise
stated), all provisions of this Lease shall apply equally and uniformly to all
the Leased Property as one unit and any Event of Default under this Lease is an
Event of Default as to the entire Leased Property.
The parties intend that the
provisions of this Lease shall at all times be construed, interpreted and
applied so as to carry out their mutual objective to create