Common use of Account Party Clause in Contracts

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: KeyBank National Association, as Agent ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: ▇▇▇ ▇▇▇▇▇▇▇ Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of March 1, 2017 (as the same may hereafter be amended, the “Credit Agreement”) by and among Condor Hospitality Limited Partnership (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3, §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.

Appears in 1 contract

Sources: Credit Agreement (Condor Hospitality Trust, Inc.)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: KeyBank National Association, as Agent ▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, N.E., Suite 1550 Atlanta, Georgia 30328 Attention▇ Attn: ▇▇▇ ▇▇▇▇▇▇ Ladies and Gentlemen: Reference is made to that certain Second Amended and Restated Credit Agreement dated as of March 1February 10, 2017 (as the same may hereafter be amended, the “Credit Agreement”) ), by and among Condor Hospitality Limited Partnership MedEquities Realty Operating Partnership, LP (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered therebyBorrowing Base Certificate. This certificate is submitted in compliance with requirements of §2.11(d), §5.3, §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in of the attachment Credit Agreement relating hereto.

Appears in 1 contract

Sources: Credit Agreement (MedEquities Realty Trust, Inc.)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: Account Party Name typed: Signature: Signer’s Name typed: Title or Capacity: Date: KeyBank National Association, as Agent ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: ▇▇▇ ▇▇▇▇▇▇▇ Tayven Hike Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of March 130, 2017 (as the same may hereafter be amended, the “Credit Agreement”) by and among Condor Hospitality Limited Partnership Monogram Residential Facility I, LLC, a Delaware limited liability company (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT Borrower for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT Borrower at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d2.11(v), §5.3, §5.5(b)5.4, §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT Borrower as of the Balance Sheet Date adjusted in the best good faith estimate of REIT Borrower to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT Borrower of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.

Appears in 1 contract

Sources: Credit Agreement (Monogram Residential Trust, Inc.)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typedName: Title or Capacity: Date: Account Party Name typedName: Signature: Signer’s Name typedName: Title or Capacity: Date: KeyBank National Association, as Agent ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, N.E., Suite 1550 Atlanta, Georgia 30328 Attention: ▇▇▇▇▇▇▇▇▇▇▇ Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of March 1January 29, 2017 2016 (as the same may hereafter be amended, the “Credit Agreement”) by and among Condor Hospitality Limited Partnership Four Springs Capital Trust Operating Partnership, L.P. (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.35.3(a), §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.

Appears in 1 contract

Sources: Credit Agreement (Four Springs Capital Trust)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typedName: Title or Capacity: Date: Account Party Name typedName: Signature: Signer’s Name typedName: Title or Capacity: Date: KeyBank National AssociationThe undersigned HPT MANAGEMENT SERVICES LLC, a Texas limited liability company (the “Manager”), which manages certain real properties commonly known as Agent Three ▇▇▇▇▇▇▇▇ Place located at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, N.E.Houston, Suite 1550 AtlantaTexas, Georgia 30328 Attention: Centreport Office Center located at 14760-14770 Trinity Boulevard, Fort Worth, Texas, Woodcrest Corporate Center (Junior) located at ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Ladies ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ (collectively, the “Property”) on behalf of TIER REIT, INC., a Maryland corporation (formerly known as Behringer Harvard REIT I, Inc.) (“Parent”), TIER OPERATING PARTNERSHIP LP, a Texas limited partnership (formerly known as Behringer Harvard Operating Partnership I LP) (“Borrower”), BEHRINGER HARVARD ▇▇▇▇▇▇▇▇ LAND LP, a Texas limited partnership (“Eldridge”), BEHRINGER HARVARD CENTREPORT OFFICE LP, a Texas limited partnership (“Centreport”), BEHRINGER HARVARD WOODCREST IV, LLC, a Delaware limited liability company (“Woodcrest IV”), WOODCREST ROAD ASSOCIATES II, LLC, a Delaware limited liability company (“Woodcrest Road”), ARCH 1650 PARTNERS, L.P., a Delaware limited partnership (“Arch 1650”), ONE FINANCIAL PLACE PROPERTY LLC, a Delaware limited liability company (“One Financial Place”), OFP ILLINOIS SERVICES LLC, a Delaware limited liability company (“OFP Operating Lessee”), respectively (One Financial Place, OFP Operating Lessee, Centreport, Arch 1650, Eisenhower, Woodcrest IV, Woodcrest Road and Gentlemen: Reference ▇▇▇▇▇▇▇▇ Land are hereinafter referred to collectively as “Subsidiary Guarantors”; Parent, Borrower and the Subsidiary Guarantors are hereinafter collectively referred to as the “Owner”) acknowledges that this Amended and Restated Assignment and Subordination of Management Agreement (this “Agreement”) is made being executed and delivered to satisfy a certain obligation of Tier Operating Partnership LP, a Texas limited partnership (formerly known as Behringer Harvard Operating Partnership I LP) (the “Borrower”) set forth in that certain Amended and Restated Credit Agreement dated as of March 1even date herewith (together with all supplements, 2017 (amendments and restatements thereto, herein referred to as the same may hereafter be amended, the Credit Loan Agreement”) by and among Condor Hospitality Limited Partnership Borrower, KEYBANK NATIONAL ASSOCIATION, a national banking association (the BorrowerKeyBank”), KeyBank National Association individually and as Agent (“Agent”) for itself and as Agent, and the other Lenders lending institutions from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit AgreementLoan Agreement (collectively, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the Balance Sheet DateLenders”). Such financial statements Any capitalized terms used herein but not defined herein shall have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3, §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, same meanings as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted ascribed to them in the best good faith estimate Loan Agreement. Owner and Manager hereby agree with Agent as follows: 1. The Manager acknowledges and understands that this Agreement is being executed and delivered to satisfy a certain obligation of REIT to give effect Borrower pursuant to the making of a LoanLoan Agreement. 2. For purposes hereof, issuance of a Letter of Credit“Management Agreement” shall mean that certain Sixth Amended and Restated Property Management Agreement dated August 31, acquisition or disposition of property or 2012 by and among Parent, Borrower and Manager, together with all other event that occasions the preparation of this certificate; permitted amendments and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect supplements thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.

Appears in 1 contract

Sources: Credit Agreement (Tier Reit Inc)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typedName: Signature: Signer’s Name typedName: Title or Capacity: Date: Account Party Name typedName: Signature: Signer’s Name typedName: Title or Capacity: Date KeyBank National Association Application for Amendment to Standby Letter of Credit To: Standby Letter of Credit Services 4900 ▇▇▇▇▇▇▇▇, 1’1 floor ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Mailcode: OH-01-49-1003 Fax Number: (▇▇▇) ▇▇▇-▇▇▇▇ Date: Amendment#: Please amend by: 0 Swift (Advising Bank Swift Address) (Note: 11 II l’l!lflll!.\”1.\’ will be sent t•iu Courier unless otlumvise indicated.) 0 Extend Expiration Date to: 0 Increase 10 Decrease 0 Change Address New Address: (No P.O. Boxes) 0 Beneficiary 0 Applicant I By:$ I Letter of Credit#: I New Total: $ Appllcnnt shnll keep nnd mnintain Demand Deposit Account No. __ _ nt all limes. Key Bank is authorized to debit the ▇▇▇▇▇▇ Deposit Account or any successor account to pay any amounts which become due by Applicant in connection with the Letter of Cr edit, including any fees charged to Applicant or the amount of any draw(s) mnde under the Letter of Cr edit by the Beneficiary. 0 Add 0 Delete The following documentary requirement(s) I special instruction(s): 0 Other: We understand that amendments to Irrevocable Standby Letters of Credit are subject to acceptance by the beneficiary. All other terms and conditions of the original Letter of Credit, the Application for the same, and the Agreement for Standby Letters of Credit and Security Agreement remain unchanged. This application shall include revisions of the terminology set forth above as you deem necessary. Applicant Name: Authorized Signature: Title/Phone Number: Authorized Signature: Title/Phone Number: KeyBank National Association, as Agent ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, N.E., Suite 1550 Atlanta, Georgia 30328 AttentionAttn: ▇▇▇ ▇▇▇▇▇▇▇ Tayven Hike Ladies and Gentlemen: Reference is made to that certain the Second Amended and Restated Credit Agreement dated as of March 1October 15, 2017 2015 (as the same may hereafter be amended, the “Credit Agreement”) by and among Condor Hospitality Limited Partnership Mid-America Apartments, L.P. (the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement. Pursuant to the Credit Agreement, the Borrower (or REIT, on the Borrower’s behalf) is furnishing to you herewith (or has have most recently furnished to you) the consolidated financial statements of REIT the Borrower for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT the Borrower at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d), §5.3, §5.5(b2.10(d), §7.4(c) ), §8.3 or §10.11 10.10 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT the Borrower as of the Balance Sheet Date adjusted in the best good faith estimate of REIT Borrower to give effect to the making of a Loan, Loan or issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT Borrower of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officerofficer or treasurer of REIT, chief executive officeracting as a general partner of the Borrower, treasurer or chief accounting another senior financial officer of the Borrower (or REIT, if this certificate is delivered by REIT on acting as general partner of the Borrower’s behalf), reasonably acceptable to Agent. The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower and Guarantors, if any, with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.

Appears in 1 contract

Sources: Credit Agreement (Mid-America Apartments, L.P.)

Account Party. IF THIS AGREEMENT IS SIGNED BY ONE ACCOUNT PARTY ONLY, THE TERMS “ACCOUNT PARTIES” AND “THEIR” AND “THEM” SHALL REFER THROUGHOUT TO THE ONE ACCOUNT PARTY EXECUTING THIS AGREEMENT; IF THIS AGREEMENT IS SIGNED BY MORE THAN ONE PARTY, THIS AGREEMENT SHALL BE THE JOINT AND SEVERAL OBLIGATION OF ALL SUCH ACCOUNT PARTIES. IF THE UNDERSIGNED IS A PARTNERSHIP, THE OBLIGATIONS HEREUNDER SHALL CONTINUE IN FORCE AND APPLY NOTWITHSTANDING ANY CHANGE IN MEMBERSHIP OF SUCH PARTNERSHIP. THIS AGREEMENT SHALL BE BINDING UPON EACH OF THE ACCOUNT PARTIES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND SHALL INURE TO ISSUER’S BENEFIT AND ISSUER’S SUCCESSORS AND ASSIGNS. ISSUER MAY, WITHOUT NOTICE TO THE ACCOUNT PARTIES, ASSIGN THIS AGREEMENT IN WHOLE OR IN PART. Account Party Name typed: Signature: Signer’s Name typedName: Title or Capacity: Date: Account Party Name typedName: Signature: Signer’s Name typedName: Title or Capacity: Date: Name and Address Revolving Credit Loan Commitment Revolving Credit Commitment Percentage KeyBank National AssociationAssociation 12▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇ttention: ▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 55,220,000.00 9.203333333 % LIBOR Lending Office Same as Agent Above Deutsche Bank AG New York Branch 20▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 60,000,000.00 10.000000000 % LIBOR Lending Office Same as Above Bank of America, N.A. IL4-135-06-11 13▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇ttn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ $ 55,220,000.00 9.203333333 % LIBOR Lending Office Same as Above Name and Address Revolving Credit Loan Commitment Revolving Credit Commitment Percentage Regions Bank 19▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 55,220,000.00 9.203333333 % LIBOR Lending Office Same as Above Citizens Bank, National Association f/k/a RBS Citizens, N.A. 12▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. 6t▇ ▇▇▇▇▇ ▇/▇ ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 48,730,000.00 8.121666667 % LIBOR Lending Office Same as Above PNC Bank, National Association 75 ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇ttn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ $ 48,730,000.00 8.121666667 % LIBOR Lending Office Same as Above SunTrust Bank 30▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Office: ▇▇▇-▇▇▇-▇▇▇▇ Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ $ 48,730,000.00 8.121666667 % LIBOR Lending Office Same as Above Name and Address Revolving Credit Loan Commitment Revolving Credit Commitment Percentage Toronto Dominion (Texas) LLC c/o Toronto Dominion Bank 31 ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇ttention: ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: _______________ $ 48,730,000.00 8.121666667 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA 20▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 35,730,000.00 5.955000000 % LIBOR Lending Office Same as Above JPMorgan Chase Bank, N.A. 38▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 35,730,000.00 5.955000000 % LIBOR Lending Office Same as Above Synovus Bank 80▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: _______________ $ 19,490,000.00 3.248333333 % LIBOR Lending Office Same as Above Name and Address Revolving Credit Loan Commitment Revolving Credit Commitment Percentage ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Bank, N.A. 13▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 17,500,000.00 2.916666667 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇▇▇▇ Group LLC 10▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, 11th Floor Jersey City, New Jersey 07311 Attention: ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 17,000,000.00 2.833333333 % LIBOR Lending Office Same as Above CoBank, ACB 55▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, N.E.▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 16,240,000.00 2.706666667 % LIBOR Lending Office Same as Above Stifel Bank & Trust 50▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, Suite 1550 Atlanta▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 16,240,000.00 2.706666667 % LIBOR Lending Office Same as Above Name and Address Revolving Credit Loan Commitment Revolving Credit Commitment Percentage ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Funding, Georgia 30328 Inc. 13▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 8,490,000.00 1.415000000 % LIBOR Lending Office Same as Above CrossFirst Bank 47▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 6,500,000.00 1.083333333 % LIBOR Lending Office Same as Above UMB Bank, N.A. 49▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 6,500,000.00 1.083333333 % LIBOR Lending Office Same as Above TOTAL $ 600,000,000.00 100.0 % Name and Address Term Loan A Commitment Term Loan A Commitment Percentage KeyBank National Association 12▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇ttention: ▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 13,940,000.00 9.293333333 % LIBOR Lending Office Same as Above Deutsche Bank AG New York Branch 20▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇ttention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 15,000,000.00 10.000000000 % LIBOR Lending Office Same as Above Bank of America, N.A. IL4-135-06-11 ▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ $ 13,940,000.00 9.293333333 % LIBOR Lending Office Same as Above Regions Bank ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 13,940,000.00 9.293333333 % LIBOR Lending Office Same as Above Name and Address Term Loan A Commitment Term Loan A Commitment Percentage Citizens Bank, National Association f/k/a RBS Citizens, N.A. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇/▇ ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 12,300,000.00 8.200000000 % LIBOR Lending Office Same as Above PNC Bank, National Association ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ $ 12,300,000.00 8.200000000 % LIBOR Lending Office Same as Above SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Office: ▇▇▇-▇▇▇-▇▇▇▇ Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ $ 12,290,000.00 8.193333333 % LIBOR Lending Office Same as Above Toronto Dominion (Texas) LLC c/o Toronto Dominion Bank ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: $ 12,290,000.00 8.193333333 % LIBOR Lending Office Same as Above Name and Address Term Loan A Commitment Term Loan A Commitment Percentage ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 9,020,000.00 6.013333333 % LIBOR Lending Office Same as Above JPMorgan Chase Bank, N.A. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 9,020,000.00 6.013333333 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Funding, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 6,560,000.00 4.373333333 % LIBOR Lending Office Same as Above Synovus Bank ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: _______________ $ 4,920,000.00 3.280000000 % LIBOR Lending Office Same as Above Name and Address Term Loan A Commitment Term Loan A Commitment Percentage CoBank, ACB ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 4,100,000.00 2.733333333 % LIBOR Lending Office Same as Above Stifel Bank & Trust ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 4,100,000.00 2.733333333 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇▇▇▇ Group LLC ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, 11th Floor Jersey City, New Jersey 07311 Attention: ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 3,000,000.00 2.000000000 % LIBOR Lending Office Same as Above CrossFirst Bank ▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 1,640,000.00 1.093333333 % LIBOR Lending Office Same as Above Name and Address Term Loan A Commitment Term Loan A Commitment Percentage UMB Bank, N.A. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 1,640,000.00 1.093333333 % LIBOR Lending Office Same as Above TOTAL $ 150,000,000.00 100.0 % Name and Address Term Loan B Commitment Term Loan B Commitment Percentage KeyBank National Association ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇ Ladies Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 15,840,000.00 10.560000000 % LIBOR Lending Office Same as Above Bank of America, N.A. IL4-135-06-11 ▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ $ 15,840,000.00 10.560000000 % LIBOR Lending Office Same as Above Regions Bank ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 15,840,000.00 10.560000000 % LIBOR Lending Office Same as Above SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Office: ▇▇▇-▇▇▇-▇▇▇▇ Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ $ 13,980,000.00 9.320000000 % Name and GentlemenAddress Term Loan B Commitment Term Loan B Commitment Percentage LIBOR Lending Office Same as Above Toronto Dominion (Texas) LLC c/o Toronto Dominion Bank ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Reference is made to that certain Credit Agreement dated ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: $ 13,980,000.00 9.320000000 % LIBOR Lending Office Same as of March 1Above Citizens Bank, 2017 (National Association f/k/a RBS Citizens, N.A. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇/▇ ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 13,970,000.00 9.313333333 % LIBOR Lending Office Same as the same may hereafter be amendedAbove PNC Bank, the “Credit Agreement”) by National Association ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ $ 13,970,000.00 9.313333333 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 10,250,000.00 6.833333333 % LIBOR Lending Office Same as Above Name and among Condor Hospitality Limited Partnership (the “Borrower”)Address Term Loan B Commitment Term Loan B Commitment Percentage JPMorgan Chase Bank, N.A. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 10,250,000.00 6.833333333 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Funding, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 7,450,000.00 4.966666667 % LIBOR Lending Office Same as Above Synovus Bank ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: _______________ $ 5,590,000.00 3.726666667 % LIBOR Lending Office Same as Above CoBank, ACB ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 4,660,000.00 3.106666667 % LIBOR Lending Office Same as Above Name and Address Term Loan B Commitment Term Loan B Commitment Percentage Stifel Bank & Trust ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 4,660,000.00 3.106666667 % LIBOR Lending Office Same as Above CrossFirst Bank ▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 1,860,000.00 1.240000000 % LIBOR Lending Office Same as Above UMB Bank, N.A. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 1,860,000.00 1.240000000 % LIBOR Lending Office Same as Above TOTAL $ 150,000,000.00 100.0 % Name and Address Total Term Loan Commitment Total Term Loan Commitment Percentage KeyBank National Association for itself ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 29,780,000.00 9.926666667 % LIBOR Lending Office Same as Above Bank of America, N.A. IL4-135-06-11 ▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ $ 29,780,000.00 9.926666667 % LIBOR Lending Office Same as Above Regions Bank ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 29,780,000.00 9.926666667 % LIBOR Lending Office Same as Above Citizens Bank, National Association f/k/a RBS Citizens, N.A. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇▇ ▇▇▇▇▇ ▇/▇ ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 26,270,000.00 8.756666667 % Name and Address Total Term Loan Commitment Total Term Loan Commitment Percentage LIBOR Lending Office Same as AgentAbove PNC Bank, National Association ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ $ 26,270,000.00 8.756666667 % LIBOR Lending Office Same as Above SunTrust Bank ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Office: ▇▇▇-▇▇▇-▇▇▇▇ Cell: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇ $ 26,270,000.00 8.756666667 % LIBOR Lending Office Same as Above Toronto Dominion (Texas) LLC c/o Toronto Dominion Bank ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: ▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: $ 26,270,000.00 8.756666667 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇▇ ▇▇▇▇▇ Bank USA ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 19,270,000.00 6.423333333 % LIBOR Lending Office Same as Above Name and the other Lenders from time to time party theretoAddress Total Term Loan Commitment Total Term Loan Commitment Percentage JPMorgan Chase Bank, N.A. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 19,270,000.00 6.423333333 % LIBOR Lending Office Same as Above Deutsche Bank AG New York Branch ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 15,000,000.00 5.000000000 % LIBOR Lending Office Same as Above ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Funding, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 14,010,000.00 4.670000000 % LIBOR Lending Office Same as Above Synovus Bank ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: _______________ $ 10,510,000.00 3.503333333 % LIBOR Lending Office Same as Above Name and Address Total Term Loan Commitment Total Term Loan Commitment Percentage CoBank, ACB ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 8,760,000.00 2.920000000 % LIBOR Lending Office Same as Above Stifel Bank & Trust ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. Terms defined in the Credit Agreement and not otherwise defined herein are used herein ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ $ 8,760,000.00 2.920000000 % LIBOR Lending Office Same as defined in the Credit AgreementAbove CrossFirst Bank ▇▇▇▇ ▇. Pursuant to the Credit Agreement▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, the Borrower (or REIT▇▇▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇ ▇▇▇▇▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 3,500,000.00 1.166666667 % LIBOR Lending Office Same as Above UMB Bank, on the Borrower’s behalf) is furnishing to you herewith (or has most recently furnished to you) the consolidated financial statements of REIT for the fiscal period ended (the “Balance Sheet Date”). Such financial statements have been prepared in accordance with GAAP and present fairly the consolidated financial position of REIT at the date thereof and the results of its operations for the periods covered thereby. This certificate is submitted in compliance with requirements of §2.11(d)N.A. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, §5.3▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, §5.5(b), §7.4(c) or §10.11 of the Credit Agreement, as applicable. If this certificate is provided under a provision other than §7.4(c), the calculations provided below are made using the consolidated financial statements of REIT as of the Balance Sheet Date adjusted in the best good faith estimate of REIT to give effect to the making of a Loan, issuance of a Letter of Credit, acquisition or disposition of property or other event that occasions the preparation of this certificate; and the nature of such event and the estimate of REIT of its effects are set forth in reasonable detail in an attachment hereto. The undersigned officer is the chief financial officer, chief executive officer, treasurer or chief accounting officer of the Borrower (or REIT, if this certificate is delivered by REIT on the Borrower’s behalf). The undersigned representative has caused the provisions of the Loan Documents to be reviewed and has no knowledge of any Default or Event of Default. (Note▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: If the signer does have knowledge of any Default or Event of Default, the form of certificate should be revised to specify the Default or Event of Default, the nature thereof and the actions taken, being taken or proposed to be taken by the Borrower with respect thereto.) The undersigned is providing the attached information to demonstrate compliance as of the date hereof with the covenants described in the attachment hereto.▇▇▇▇ ▇▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Facsimile: ▇▇▇-▇▇▇-▇▇▇▇ $ 3,500,000.00 1.166666667 % LIBOR Le

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Sources: Credit Agreement (QualityTech, LP)