Common use of Extension of Maturity Date Clause in Contracts

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) Notwithstanding anything to the Borrower must provide contrary in this Agreement, upon at least ten (10) Business Day’s (or such shorter period as may be agreed by the Administrative Agent) prior written notice to the Administrative Agent of such election after having made all permitted Borrowings hereunder (including the Final Draw), the Obligor Representative is hereby permitted to extend the maturity at least thirty scheduled Maturity Date of all obligations by three (303) days but no more than ninety months (90) days prior to the Initial Maturity Date;“Extension”), so long as the following terms are satisfied: (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (ci) the representations and warranties contained of each Obligor set forth in Article V this Agreement and the other Loan Documents are true and correct, correct in all material respects, on and respects (without duplication of any materiality qualifiers) with the same effect as of the Extension Effective Date, if then made (except to the extent that such representations and warranties specifically refer stated to an relate to a specific earlier date, in which case they are such representations and warranties shall be true and correct, correct in all material respects, respects (without duplication of any materiality qualifiers) as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (dii) on, no Event of Default or on a Business Day no more than five Default shall have then occurred and be continuing; and (5iii) Business Days prior to, the Initial Maturity Date, the Borrower shall pay have paid to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date)each Lender, an extension a fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective DateFee”), in cash, in an amount equal to 3.50% of the aggregate DIP Term Loans outstanding (including all capitalized PIK Interest and all fees previously Paid in Kind, including the Upfront Payment ) as of the date of such extension. (b) No Borrowings shall be permitted during such Extension. No consent of any Lender shall be required to effectuate any Extension. The Lenders hereby irrevocably authorize the Administrative Agent to enter into amendments to this Agreement and the other Loan Documents with the Obligor Representative as may be necessary or appropriate in the reasonable opinion of the Administrative Agent and the in connection with such Extension. (c) This Section 2.1.5 shall supersede any provisions of Section 14.1 to the contrary.

Extension of Maturity Date. The By notice to the Administrative Agent not earlier than 90 days nor later than 30 days before the Original Maturity Date, the Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 the date that is one year after the Original Maturity Date (the “"Extended Maturity Date”) subject to the satisfaction of the following conditions: "); provided that (a) the Borrower must provide written notice shall have paid to the Administrative Agent for the account of the Lenders on the Original Maturity Date a nonrefundable extension fee in an amount equal to 0.20% (20 basis points) of the aggregate outstanding principal amount of the Loans as of the Original Maturity Date, and (b) the following conditions shall be satisfied: (i) Each of the representations and warranties made by the Loan Parties in or pursuant to the Loan Documents shall be true and correct in all material respects on and as of the Original Maturity Date as if made on and as of such election date except for representations and warranties expressly stated to extend the maturity at least thirty (30) days but no more than ninety (90) days prior relate to the Initial Maturity Datea specific earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date; (bii) no (A) No Default or Event of Default shall exist have occurred and be continuing on the date of such notice or as of extension the Original Maturity Date, and (B) Kimco would be in compliance with each financial covenant set forth in paragraphs (a) through (f) of Section 8.1 if the ratio or amount referred to therein were to be calculated as of the Original Maturity Date (provided that for the purposes of determining such compliance, Gross Asset Value shall be determined for the most recent Test Period as to which a compliance certificate has been delivered pursuant to Section 6.2(a)); and (iii) The Borrower shall have prepaid the Loans in an aggregate amount since the Borrowing Date of at least an amount equal to the lesser of (A) $165,000,000 and (B) if the aggregate principal amount of the Loans on the Extension Effective Date; Borrowing Date (cthe "Initial Loan Amount") is less than $650,000,000, the representations product of the Initial Loan Amount times 0.25. The request for an extension under this Section 12.8 shall constitute a representation and warranties contained in Article V and warranty by the other Loan Documents are true and correct, in all material respects, on Borrower as of the date of such request and as of the Extension Effective Date, except to Original Maturity Date that the extent that such representations and warranties specifically refer to an earlier date, conditions contained in which case they are true and correct, in all material respects, as of such earlier datethis Section 12.8 have been satisfied, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, accompanied by a certificate of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, Responsible Officer of the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) such effect. The Administrative Agent shall have received satisfactory documentation evidencing promptly notify the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension Lenders of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)any such extension.

Extension of Maturity Date. The Borrower Borrowers may elect to extend request that Agent grant one extension of the Initial Maturity Date for a period of twelve (12) months in accordance with respect the requirements below. Such extension request shall be granted to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to Borrower upon the satisfaction of the following conditions: (a) the Borrower must provide Borrowers shall have delivered to Agent a written notice to the Administrative Agent of such election request to extend the maturity Maturity Date at least thirty sixty (3060) days but no not more than ninety one-hundred-twenty (90120) calendar days prior to the Initial current Maturity Date; (b) no Default or Event of Default Borrowers shall exist on have delivered to Agent, concurrently with making the date of such notice of written extension or on the Extension Effective Date; (c) the representations and warranties contained request in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections clause (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date)above, an extension fee equal to twenty hundredths one-half of one percent (0.200.5%) of the then Maximum Loan Amount; (c) on the date of the effectiveness of such extension of the Maturity Date, Agent shall have determined, in its Permitted Discretion, the outstanding Facility Amountprincipal balance of the Loan does not exceed the lower of (i) sixty percent (60%) of the aggregate “as-is” value of the Properties, and (ii) fifty-five percent (55%) of the stabilized value of the Properties (based upon an Appraisal ordered by Agent at Borrower’s cost, acceptable to Agent in its Permitted Discretion); (d) on the date of the effectiveness of such extension of the Maturity Date, Agent shall have determined in its sole discretion that (i) the Debt Service Coverage Ratio shall not be less than 2.00:1.00, and (ii) the Debt Yield shall not be less than fifteen percent (15%); (e) no Default, Event of Default, or DSCR Cash Management Period shall have occurred and be continuing at the time of making the extension request or on the Maturity Date prior to the effectiveness of any such extension; (f) Borrowers shall have executed any agreements, documents or amendments to Loan Documents reasonably requested by Agent in connection with such extension of the Maturity Date; (g) During the extended term of the Loan, all terms and conditions of the Loan Documents (other than the original Maturity Date and this extension option) shall continue to apply; (h) Borrowers shall have entered into a replacement Interest Rate Protection Agreement in form and substance in compliance with Section 2.11; (i) Agent shall be determine that the funds remaining in the Reserves, together with the projected Operating Revenues from the Properties shall be sufficient to meet all reserve requirements during such extension period; (j) On the date of the effectiveness of such extension of the Maturity Date, no unresolved Material Adverse Change exists; (k) Borrower shall pay all actual out-of-pocket costs and expenses incurred by Agent in connection with such extension of the Maturity Date and Agent’s reasonable attorneys’ fees; and (el) Administrative Agent Bend PropCo and Coos Bay PropCo shall have received satisfactory documentation evidencing caused a mortgage modification to be recorded in the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of applicable real property records extending the maturity of this Agreement shall be effective upon date set forth in Security Instruments for the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)Bend Property and Coos Bay Property, respectively.

Extension of Maturity Date. The Borrower may elect to may, at its option, extend the Initial term of the then outstanding principal amount for a period of three hundred sixty-four (364) days from the original Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the applicable period being, the (“Extended Maturity DateExtension Period”) ), subject to the satisfaction of the following conditions: (a1) Lead Borrower shall notify (the Borrower must provide written notice to the “Extension Notice”) Administrative Agent of Borrower’s exercise of such election option between sixty (60) and one hundred twenty (120) days prior to extend the original Maturity Date; (2) No Potential Default or Event of Default exists as of the date of the Extension Notice, as of the original Maturity Date or would result from the extension of the maturity of the Loans for the Extension Period; (3) The Loan to Value Ratio does not exceed 70%, based on a new Appraisal obtained by Administrative Agent not more than sixty (60) days prior to the original Maturity Date, such Appraisal to be at least Borrower’s expense and satisfactory to Administrative Agent in all respects; (4) The Pro Forma Debt Service Coverage Ratio as of the original Maturity Date shall be equal to or greater than 1.45:1.00; (5) The Debt Yield as of the original Maturity Date shall not be less than ten percent (10.0%). (6) The expiration date of any Collateral Letters of Credit, if still outstanding pursuant to the terms of this Agreement or any other Loan Document, shall be extended to a date which is thirty (30) days but no more beyond the end of the Extension Period, or shall otherwise contain evergreen provisions satisfactory to Administrative Agent, in its sole and absolute discretion; (7) Current financial statements regarding Borrower (dated not earlier than ninety (90) days prior to the Initial Maturity DateExtension Notice) and all other financial statements and other information as may be required under this Agreement and the Loan Documents regarding Borrower and the Project shall have been submitted promptly to Administrative Agent; (b) no Default or Event 8) In the opinion of Default Administrative Agent, there shall exist on the date of such notice of extension or on the Extension Effective Datenot have occurred any Material Adverse Effect; (c9) Whether or not the representations extension becomes effective, Borrower shall pay all out-of-pocket costs and warranties contained in Article V expenses incurred by Administrative Agent and the other Loan Documents are true Lenders in connection with the proposed extension (pre- and correctpost-closing), in including appraisal fees and legal fees; all material respects, on such costs and as of the Extension Effective Date, except to the extent that such representations expenses shall be due and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier datepayable upon demand, and except that for purposes of any failure to pay such amounts shall constitute a default under this Section 2.17, Agreement and the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01Loan Documents; (d10) on, or on a Business Day no more Not later than five (5) Business Days prior to, the Initial original Maturity Date, (i) the Borrower extension shall pay have been documented to the Lenders’ satisfaction and consented to by Borrower, Administrative AgentAgent and all the Lenders, for including the pro rata benefit execution and delivery by the Guarantor of reaffirmations of their respective obligations under the Lenders Guaranty and (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (eii) Administrative Agent shall have received satisfactory documentation evidencing been provided with an updated title report and judgment and lien searches, and appropriate title insurance endorsements shall have been issued as required by Administrative Agent; and (11) Borrower shall pay to Administrative Agent (for the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension benefit of the maturity Lenders in accordance with their proportionate shares) on the original Maturity Date a non-refundable extension fee equal to one-half percent (0.50%) of an amount equal to the outstanding principal amount at such time. Any such extension shall be otherwise subject to all of the other terms and provisions of this Agreement shall be effective upon and the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)other Loan Documents.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters maturity of Credit and Swing Line Loans this Agreement to June 327, 2018 2015 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty twenty-five hundredths of one percent (0.200.25%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect Company shall have the option, up to two (2) times during the term of this Agreement, to extend the Initial Maturity Date with respect to Committed Revolving Loanseach time by an additional six (6) month period, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditionsconditions for each request: (ai) the Borrower must provide Agent shall have received written notice to of the Administrative Agent of such election to extend extension request from the maturity at least thirty (30) Company not earlier than 180 days but no more and not later than ninety (90) 30 days prior to the Initial applicable Maturity DateDate then in effect hereunder; (bii) no Default or Event of Default shall exist have occurred and be continuing on the date of such notice of extension or on the Extension Effective Dateand after giving effect thereto; (ciii) the representations and warranties contained in Article V this Agreement and the other Loan Documents are shall be true and correctcorrect in all material respects (or if qualified by materiality or Material Adverse Effect, in all material respects, ) on and as of the Extension Effective Datedate of such extension and after giving effect thereto, except as though made on and as of such date (or, if any such representation or warranty is expressly stated to the extent that such representations and warranties specifically refer to an earlier have been made as of a specific date, in which case they are true and correct, in all material respects, as of such earlier specific date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (div) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower Agent shall pay to the Administrative Agenthave received, for the pro rata ratable benefit of the Lenders (based on their share of from the Facility Amount outstanding on the Extension Effective Date), Company an extension fee in aggregate amount equal to twenty hundredths of one percent (0.20%) 0.075% of the then outstanding Facility Amount; andaggregate Revolving Commitments on the date of such extension; (ev) Administrative the Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower evidence that, before and consented after giving effect to by the Guarantors. If the above conditions are satisfiedthis Section 2.22, the Company is in compliance with each of the financial covenants set forth in Section 5.5, and (vi) the Agent shall have received a certificate signed by a duly authorized officer of the Company and each other Credit Party ratifying and reaffirming each of its obligations under the Loan Documents and certifying to subsections (i) – (v) above. The extension of the maturity of this Agreement Maturity Date provided for herein shall be become effective upon on the date that on which all of the extension fee is paid foregoing conditions are satisfied and the Agent will promptly notify the Lenders of such extension. This Section shall supersede any provisions in Section 9.1 to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)contrary.

Extension of Maturity Date. The Borrower may elect Borrowers shall have one (1) option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity DateOption to Extend”) subject to the Maturity Date by one (1) year upon satisfaction of each of the following conditionsconditions precedent: (a) the Borrower must The Borrowers shall provide written notice to the Administrative Agent with written notice of such election the Borrowers’ request to extend exercise the maturity at least thirty (30) days but no Option to Extend not more than ninety (90) days but not less than sixty (60) days prior to the Initial Maturity DateDate (the “Extension Request”); (b) As of the date of receipt by the Administrative Agent of written notice of the Borrowers’ request to exercise the Option to Extend and as of the Initial Maturity Date, no Default or Event of Default shall exist on have occurred and be continuing, and the date of such notice of extension or on the Extension Effective DateBorrowers shall so certify in writing; (c) the All representations and warranties contained in Article V and of the other Loan Documents are Borrowers under this Agreement shall be true and correct, correct in all material respects, on respects as of the date of receipt by the Administrative Agent of written notice of the Borrowers’ request to exercise the Option to Extend and as of the Extension Effective Initial Maturity Date, except to and the extent that such representations and warranties specifically refer to an earlier date, Borrowers shall so certify in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01writing; (d) on, or on a Business Day no more than five Appraisals for all Borrowing Base Properties dated within sixty (560) Business Days prior to, days of the Initial Maturity DateDate shall have received, reviewed and approved by Administrative Agent; (e) The Borrowers shall execute or cause the Borrower shall pay to execution of all documents reasonably required by the Administrative Agent, for Agent to effect the pro rata benefit exercise of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal Option to twenty hundredths of one percent (0.20%) of the then outstanding Facility AmountExtend; and (ef) Administrative Agent The Borrowers shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (dfor the account of the Lenders) above (the “Extension Effective Date”extension fee in accordance with, and as provided for in, Section 3.5(d).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more Not earlier than ninety (90) days prior to to, nor later than sixty (60) days prior to, the Initial Maturity Date;, GMH Operating Partnership may, upon notice to Administrative Agent (which shall promptly notify the Lenders), request a one-year extension of the Maturity Date. (b) no Default or Event If so extended, the Maturity Date shall be extended to November ____, 2008, effective as of Default the Maturity Date (the “Extension Effective Date”). Administrative Agent and GMH Operating Partnership shall exist on promptly confirm to the date of Lenders such notice of extension or on and the Extension Effective Date; . As a condition precedent to such extension, (ci) each Borrower and each Guarantor shall deliver to Administrative Agent a certificate of each Borrower and each Guarantor dated as of the Extension Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of each Borrower and each Guarantor (A) providing evidence satisfactory to Administrative Agent that each Borrower and each Guarantor has taken all necessary action to authorize such extension and (B) in the case of the Trust and each Borrower, certifying that, before and after giving effect to such extension, (x) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, correct on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, correct as of such earlier date, and except that for purposes of this Section 2.172.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; , and (dy) onno Default or Event of Default exists before or after giving effect to such extension, or on a Business Day no more than five and (5ii) Business Days prior to, the Initial Maturity Date, the Borrower Borrowers shall pay have paid to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), each Lender an extension fee in an amount equal to twenty hundredths of one percent twenty-five basis points (0.200.25%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)times such Lender’s Commitment.

Extension of Maturity Date. The Borrower may elect shall have two (2) separate options (each an “Extension Option”) to extend the Initial Loans for a period of six (6) months each from the Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect hereunder (the “Extended Existing Maturity Date”) ), each such Extension Option being exercisable only once as provided below, and subject to the satisfaction of each of the following conditions: (a) the Borrower must provide Administrative Agent shall have received written notice to the Administrative Agent of such Borrower’s election to extend exercise the maturity Extension Option at least thirty (30) days but no more than ninety one hundred twenty (90120) days prior to before the Initial Existing Maturity Date;Date (as then in effect). (b) There shall exist no Default or Event of Default shall exist on at the date of such notice of extension or on time Borrower elects to exercise the Extension Effective Date;Option or at the Existing Maturity Date (as then in effect). (c) Borrower and each Guarantor Subsidiary shall have executed and delivered to Administrative Agent a modification and extension agreement, (i) confirming that the entity documents for the Borrower and Guarantor Subsidiaries previously delivered to Administrative Agent are still in full force and effect, without modification, except to the extent such modifications are (A) permitted under the terms of this Agreement, (B) modifications of a ministerial nature, or (C) otherwise approved by the Required Lenders, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective DateExisting Maturity Date (as then in effect), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, correct in all material respects, respects as of such earlier date, and except that for purposes of this Section 2.172.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01;, and (B) no Default or Event of Default exists. (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share each Lender in accordance with its Applicable Percentage as of the Facility Amount outstanding on effective date of the Extension Effective Date)extension, an extension additional non-refundable commitment fee equal to twenty hundredths in the amount of one percent (0.20%) 0.0625% of the sum of the Aggregate Commitments (taking into account any permanent reductions of the Aggregate Commitments pursuant to Section 2.06 prior to the effectiveness of the extension) (the “Extension Fee”) in consideration for their Commitments until the applicable extended Maturity Date, which Extension Fee shall be due with respect to each Extension Option and payable not later than the Existing Maturity Date (as then outstanding Facility Amount; andin effect). As of the date of the Borrower’s delivery of written notice electing to exercise each Extension Option, the applicable Extension Fee will have been earned in full and be a bona fide commitment fee intended as reasonable compensation to Lenders for their Commitments until the applicable extended Maturity Date. (e) The Borrower shall pay to Administrative Agent shall have received satisfactory all reasonable costs and expenses, including reasonable attorneys’ fees, incurred in connection with such extension and the documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)thereof.

Extension of Maturity Date. The Borrower So long as no Default or Event of Default has occurred and is continuing on the Stated Maturity Date that would otherwise have occurred without giving effect to such request (such date, the “Extension Effective Date”), Borrowers may elect on up to two (2) occasions extend the Initial Stated Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 a date that is not later than one (1) year after the “Extended applicable original (or extended) Stated Maturity Date”) subject to the satisfaction of the following conditions, upon: (a) the Borrower must provide written notice delivery of a Facility Extension Request to the Administrative Agent of such election to extend and the maturity Lenders at least thirty (30) days (or forty-five (45) days in the case of the Second Extension), but no more than ninety (90) days, prior to then applicable Stated Maturity Date; (b) delivery to Administrative Agent and the Lenders of an Officer’s Certificate, dated as of the Extension Effective Date, certifying that (a) all representations and warranties of Borrowers set forth in this Agreement shall be true and correct in all material respects as of the date on which Borrowers delivered the Facility Extension Request to Administrative Agent and on the Extension Effective Date, except to the extent such representations and warranties were made as of a specified date, in which case such representation and warranty shall have been true and correct as of such specified date; and (b) no Default or Event of Default has occurred and is continuing on the Extension Effective Date or after giving effect to any extension of the Stated Maturity Date on such date; (c) the Debt Service Coverage Ratio, calculated on a pro-forma basis as of the Extension Effective Date, shall equal or exceed: (x) in the case of the First Extension, 1.25 to 1.0; and (y) in the case of the Second Extension, 1.5 to 1.0, in each case as A/72912756.15 evidenced by an Officer’s Certificate delivered by Borrowers to Administrative Agent and the Lenders with supporting calculations, dated as of the Extension Effective Date; (d) for the exercise of the Second Extension only, the Loan to Value Ratio for the Collateral Properties shall be no more than 55% based on updated Acceptable Appraisals obtained no more than ninety (90) days prior to the Initial Maturity Dateproposed Extension Effective Date (and after giving effect to any voluntary prepayments of the Loans that may be necessary to cause the Loan to Value Ratio to be equal to or less than 55%); (be) no Default or Event payment to Administrative Agent for the benefit of Default shall exist on Lenders of a facility extension fee equal to one half of one percent (0.50%) of the date then Outstanding Amount as of such notice of extension or on the applicable Extension Effective Date; (cf) the representations payment by Borrowers of all other reasonable fees and warranties contained in Article V expenses to Administrative Agent and the other Loan Documents are true and correct, in all material respects, on and Lenders to the extent then due as of the applicable Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (eg) execution (and if required by local law, recordation) of any extension agreement in form as required by Administrative Agent with respect to each Collateral Property and endorsements and other assurances as Administrative Agent may reasonably require to conform the Title Policies (including “datedown” endorsements) and amendment to any Mortgages of the remaining Collateral Properties to reflect any change in respective Appraised Values of the Collateral Properties (together with payment by Borrowers of any fees or expenses, including any additional mortgage tax, in connection therewith). Each extension shall be evidenced by delivery of written confirmation of the same by Administrative Agent to Borrowers. In no event shall the Maturity Date occur later than August 15, 2013. During the extended term of the Loans, all terms and conditions of the Loan Documents (other than the original Stated Maturity Date) shall continue to apply, except that (x) Borrowers shall have received satisfactory documentation evidencing no further right to extend the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension term of the maturity of this Agreement Loans after the Second Extension and (y) the Applicable Margin after the Second Extension shall be effective upon increased as provided in the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)definition of Applicable Margin.

Extension of Maturity Date. The Borrower may elect shall have two (2) options (“Extension Options”) to extend the Initial Maturity Date, one for a period of twelve (12) months ending on the First Extended Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “First Extension Option”) and the second for a period of twelve (12) months ending on the Second Extended Maturity DateDate (the “Second Extension Option”) subject to the ), upon satisfaction of the following conditionsconditions precedent: (a) As of the date of Borrower’s delivery of notice of its intent to exercise an Extension Option, and as of the then-current Maturity Date, no Event of Default shall have occurred and be continuing and Borrower must shall so certify in writing; (b) Borrower shall provide Administrative Agent with written notice of the Borrower’s intent to the Administrative Agent of such election to extend the maturity at least thirty exercise an Extension Option not less than forty-five (30) days but no more than ninety (9045) days prior to the Initial then-current Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 Substantial Completion shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01have occurred; (d) on, or on a Business Day no more than five (5) Business Days prior to, As of the Initial date of Borrower’s delivery of notice of its intent to exercise the First Extension Option and as of the initial Maturity Date, the Pro Forma DSCR is not less than 1.10 to 1.0, or, if the Pro Forma DSCR is less than 1.10 to 1.0 as of the date of delivery of such notice, then not later than the initial Maturity Date Borrower shall pay have made sufficient repayments of the Loans so that such criteria is satisfied; (e) As of the date of Borrower’s delivery of notice of its intent to exercise the Second Extension Option and as of the First Extended Maturity Date, (A) the Actual DSCR is not less than 1.25 to 1.00 and (B) the Outstanding Loan Amount does not exceed seventy-five percent (75%) of the then-current value of the Project based on an Appraisal of the Project on an “as is” basis approved by the Administrative Agent, or if the Actual DSCR is less than 1.25 to 1.0, or the percentage of such value of the Project established by the Appraisal represented by the Outstanding Loan Amount is greater than 75% as of the date of delivery of such notice, then not later than the First Extended Maturity Date Borrower shall have made sufficient repayments of the Loans so that both of such criteria are satisfied. (f) With respect each Extension Option on the last Business Day immediately preceding the first day of such Extension Option, Administrative Agent is paid a fee for the pro rata ratable benefit of the then-current Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty ten one-hundredths of one percent (0.200.10%) of the then outstanding Facility Amount; and then-current Outstanding Loan Amount (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the an “Extension Effective DateFee”).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) The Borrowers shall have two options (which shall be binding on the Borrower must provide Revolving Lenders), exercisable by written notice to the Administrative Agent (which shall promptly notify each of such election to extend the maturity at least thirty (30Lenders) days but given no more than ninety (90) days nor less than thirty (30) days prior to the Initial then Revolving Maturity Date; , to extend the Revolving Maturity Date for a period of six (b6) months. Upon delivery of such notice, the Revolving Maturity Date shall be extended for six (6) months so long as the following conditions are satisfied: (i) no Default or Event of Default shall exist on has occurred and is continuing as of the date of such notice and as of extension or on the Extension Effective Date; effective date of such extension; (cii) the representations and warranties contained made or deemed made by the Borrowers in Article V and the other any Loan Documents are Document shall be true and correct, correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects, on and ) as of the Extension Effective Date, effective date of such extension except to the extent that such representations and warranties specifically refer expressly relate solely to an earlier date, date (in which case they are such representations and warranties shall have been true and correct, correct in all material respects, respects on and as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) ); and (biii) of Section 5.05 the Borrowers shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), have paid an extension fee equal to twenty hundredths of one percent (0.20%) 0.075% of the then aggregate outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension amount of the maturity of this Agreement shall be effective upon the date that the extension fee is paid Revolving Commitments (to the Administrative Agent pursuant to clause (d) above (for the “Extension Effective Date”ratable benefit of the Revolving Lenders). (b) The Borrowers shall have one option (which shall be binding on the A-1 Term Loan Lenders), exercisable by written notice to the Administrative Agent (which shall promptly notify each of the Lenders) given no more than ninety (90) days nor less than thirty (30) days prior to the then A-1 Term Loan Maturity Date, to extend the A-1 Term Loan Maturity Date for a period of one (1) year. Upon delivery of such notice, the A-1 Term Loan Maturity Date shall be extended for one (1) year so long as the following conditions are satisfied: (i) no Default or Event of Default has occurred and is continuing as of the date of such notice and as of the effective date of such extension; (ii) the representations and warranties made or deemed made by the Borrowers in any Loan Document shall be true and correct in all material respects (other than any representation or warranty qualified as to “materiality”, “Material Adverse Effect” or similar language, which shall be true and correct in all respects) as of the effective date of such extension 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 correct in all material respects on and as of such earlier date); and (iii) the Borrowers shall have paid an extension fee equal to 0.10% of the aggregate outstanding amount under the A-1 Term Facility (to the Administrative Agent for the ratable benefit of the A-1 Term Loan Lenders).

Extension of Maturity Date. The Provided no Event of Default has occurred and is continuing at the time of exercise or the commencement of the Extension Period, Borrower may elect shall have one (1) option to extend the Initial Maturity Date with respect to Committed Revolving Loansthe Facility for an additional period of one (1) year (an "Extension Period"), Letters of Credit and Swing Line Loans such extended term to June 3, 2018 (begin respectively upon the “Extended Maturity Date”) subject . If Borrower shall elect to exercise the satisfaction of the following conditions: (a) the Borrower must provide aforesaid option, it shall do so by giving written notice to the Administrative Agent of such election on or prior to extend the maturity at least thirty (30) days but no more than date that is ninety (90) days prior to the Initial Maturity Date (the "Notice"). Upon receipt by the Agent of such Notice, the Maturity Date shall be extended, but only upon the following terms and conditions: (i) On the first day of the Extension Period, Borrower shall pay to the Agent on behalf of the Co-Lenders an extension fee equal to 0.25% of the aggregate amount of the Co-Lender's Commitments hereunder as of the original Maturity Date; (bii) no Default or No Event of Default shall exist on the date of such notice of extension or on the Extension Effective Datehave occurred and be continuing; (ciii) If the Borrower is obligated to pay any Advances, the Borrower shall have repaid such Advances; (iv) The representations and warranties contained in Article V and the other Loan Documents are 4 hereof remain true and correct, in all material respects, on and correct as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, original Maturity Date or as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit first day of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility AmountPeriod; and (ev) Administrative Agent shall have received satisfactory documentation evidencing Subject to Section 2.12 hereof, if the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension aggregate amount of the maturity Co-Lenders' Commitments have not already been so reduced, then on the following dates the aggregate amount of this Agreement the Co-Lenders' Commitments shall be effective upon the date that the extension fee is paid reduced to the Administrative Agent pursuant to clause following respective amounts with each Co-Lender's Commitment being reduced in accordance with such Co-Lender's Pro-Rata Interest of the aggregate Commitment reduction: Date Aggregate Co-Lenders' Commitments --------------------------------------- --------------------------------- original Maturity Date (dAugust 1, 2003) above (the “Extension Effective Date”).$35,000,000 November 1, 2003 $34,500,000 February 1, 2004 $34,000,000 May 1, 2004 $33,500,000

Extension of Maturity Date. The Borrower may elect At least 90 days but not more than 120 days prior to extend the Initial Maturity Date with respect to Committed Revolving Loansthen in effect, Letters of Credit and Swing Line Loans to June 3the Borrower, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide by written notice to the Administrative Agent, may request up to two consecutive twelve-month extensions of the Maturity Date. The Administrative Agent shall promptly notify each Lender of such election to extend request and the maturity Maturity Date in effect at least thirty such time shall, effective as at such Maturity Date (30) days but no more than ninety (90) days the “Extension Date”), be extended for an additional twelve-month period, provided that the Borrower shall have paid the Extension Fees as described in Section 2.08(d), and on or prior to the Initial Maturity Date; (b) no Default or Event applicable Extension Date the following statements shall be true and the Administrative Agent shall have received for the account of Default shall exist on each Lender a certificate signed by a Responsible Officer of the date of such notice of extension or on Borrower, dated the Extension Effective Date; , stating that: (ci) the representations and warranties contained in Article V and the other Loan Documents Section 4.01 are true and correct, correct in all material respects (or, (A) with respect to representations and warranties set forth in Sections 4.01(x) and (aa) and (B) representations and warranties qualified as to materiality or Material Adverse Effect, true and correct in all respects, ) on and as of the Extension Effective Date, Date (except to the extent that such representations and warranties specifically refer they relate to an earlier date, in which case they such representations and warranties are true and correct, correct in all material respects or in all respects, as applicable, on or as of such earlier date)), (ii) no Default or Event of Default has occurred and is continuing or would result from such extension, and except (iii) the Loan Parties are in compliance with the covenants contained in Section 5.04 immediately before and, on a pro forma basis, immediately after such extension, together with supporting information demonstrating such compliance. In the event that for purposes an extension of the Facility is effected pursuant to this Section 2.172.16(b) (but subject to the provisions of Sections 2.05, 2.06 and 6.01), the representations and warranties contained in subsections (a) and (b) aggregate principal amount of Section 5.05 the Facility shall be deemed repaid in full ratably to the Lenders on the Maturity Date as so extended (unless further extended as provided herein). As of an Extension Date, any and all references in this Agreement or any of the other Loan Documents to the “Maturity Date” shall refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)Date as so extended.

Extension of Maturity Date. The Borrower may elect shall have one (1) option to extend the Initial Scheduled Maturity Date with respect of the Loan to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 the Extended Maturity Date (the period of such extension, the “Extended Maturity DateExtension Term”) subject to the satisfaction of ), provided that the following conditionsconditions are satisfied: (ai) the Borrower must provide shall deliver to Lender and Agent written notice to of its election of the Administrative Agent of such election to extend the maturity Extension Term at least thirty forty-five (3045) days but no and not more than ninety (90) days prior to the Initial Scheduled Maturity Date; ; (bii) no Default or Event of Default shall exist have occurred and be continuing on either the date of such notice of extension or on the Scheduled Maturity Date; (iii) Borrower or HoldCo shall have entered into an Interest Rate Protection Agreement for the Extension Effective Term in form and substance reasonably acceptable to Agent and otherwise in accordance with the terms of Section 7.24 hereof and shall have collaterally assigned such Interest Rate Protection Agreement to Agent pursuant to the terms of a collateral assignment in form and substance reasonably satisfactory to Agent; (iv) [intentionally omitted]; (v) Debt Yield shall not be less than fourteen percent (14%) for the trailing twelve (12) month period immediately preceding the Scheduled Maturity Date; ; (cvi) the Loan to Value Ratio shall not be more than sixty-five percent (65%); (vii) [intentionally omitted]; (viii) if required by Agent, Borrower shall permit Agent or its agents or employees to perform, at Borrower’s sole cost and expense, an inspection of the Property, which inspection shall be acceptable to Agent, in Agent’s reasonable discretion; (ix) Borrower shall have delivered to Agent, together with its notice pursuant to clause (i) of this Section 2.10 and as of the commencement of the Extension Term, an Officer’s Certificate, in form and substance acceptable to Agent, certifying that each of the representations and warranties of Borrower contained in Article V and the other Loan Documents are true is true, complete and correct, correct in all material respects, on and respects as of the Extension Effective Date, except date of such Officer’s Certificate to the extent that such representations representation and warranties specifically refer to an earlier date, in are not matters which case they are by their nature can no longer be true and correct, in all material respects, correct as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit result of the Lenders (based on their share passage of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).time;

Extension of Maturity Date. The Borrower may elect to extend (a) As required by Section 10.05(e), (i) the Initial Maturity Date with respect to Committed Revolving Loansaggregate principal amount of the Tranche B-1 Term Loans held by the Extending Lenders, Letters of Credit and Swing Line Loans to June 3, 2018 as amended herein (the “Extended Maturity DateTerm Loans”) does not exceed the aggregate principal amount of the Tranche B-1 Term Loans subject to such extension, (ii) the satisfaction Weighted Average Life to Maturity of the following conditions: Extended Term Loans is not shorter than the Weighted Average Life to Maturity of the Tranche B-1 Term Loans subject to such extension on the Effective Date (a) the Borrower must provide written notice except to the Administrative Agent extent of such election to extend nominal amortization for periods where amortization has been eliminated as a result of prepayment of the maturity at least thirty Tranche B-1 Term Loans) and (30iii) days but no more than ninety (90) days prior except with respect to the Initial Maturity Date; (b) no Default interest rate, all other terms applicable to the Extended Term Loans are substantially identical to, or Event of Default shall exist on less favorable to the date of Extending Lenders than, those applicable to the Tranche B-1 Term Loans subject to such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Dateextension, except to the extent necessary to provide for covenants and other terms applicable to any period after the latest final maturity of the Term Loans in effect immediately prior to such extension. An Extended Term Loan shall be treated as a Tranche B-2 Term Loan for all purposes under the Credit Agreement (including for Section 2.15); provided that such representations the Extended Term Loans (i) shall have a separate CUSIP number from the Tranche B-1 Term Loans and warranties specifically refer the Tranche B-2 Term Loans, (ii) shall amortize in installments as a Tranche B-1 Term Loan prior to an earlier date, in which case they are true the Stated Maturity Date for the Tranche B-1 Term Loans (and correct, in all material respects, as the Pro Rata Share of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (aInstallments shall be calculated as if such Extended Term Loans were Tranche B-1 Term Loans) and (iii) may have separate Interest Payment Dates as a result of different Interest Periods applicable thereto. (b) of Section 5.05 Except as expressly set forth above, the Borrower Representative shall be deemed to refer pay to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01;Extending Lenders all interest due on the Extended Term Loans as if such Extended Term Loans were Tranche B-2 Term Loans. (dc) on, or on a Business Day no more than five (5) Business Days prior to, On the Initial Maturity Effective Date, the Borrower Representative shall pay to the Extending Lenders all accrued interest due on the Extended Term Loans. Each Extending Lender hereby authorizes the Administrative AgentAgent to cause as soon as practicable and in a manner that minimizes expenses of the Borrower Representative under Section 2.18 of the Credit Agreement the Interest Payment Dates with respect to the Extended Term Loans to be the same as those applicable to the Tranche B-2 Term Loans and waives any claim it may have under Section 2.18(c) of the Credit Agreement in connection therewith. In furtherance of the foregoing, on the Effective Date, the Borrower Representative shall also pay to the Term Lenders holding Tranche B-2 Term Loans all accrued interest due on such Tranche B-2 Term Loans and to the Term Lenders holding Tranche B-1 Term Loans (which, for the pro rata benefit avoidance of doubt shall exclude the Lenders (based Extending Lenders) all accrued interest due on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).such Tranche B-1

Extension of Maturity Date. The Provided there exists no Default -------------------------- or Event of Default, Borrower may elect shall have the option, exercisable once, to extend the Initial original Maturity Date with respect to Committed Revolving Loansfor a period of one (1) year, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction (i) Administrative Agent's receipt of the following conditions: (ax) the a written request from Borrower must provide written notice to the Administrative Agent of for such election to extend the maturity at least thirty extension between sixty (3060) days but no more than and ninety (90) days prior to the Initial original Maturity Date; , (by) no Default an extension fee, for the account of the Banks, in the amount of .15% of the Principal Amount as of the original Maturity Date and (z) such note extension agreement(s) as Administrative Agent may reasonably require and (ii) Administrative Agent's determination (which shall be conclusive so long as made on a reasonable basis) that, as of the original Maturity Date, (1) Guarantor is in compliance with the covenants set forth in paragraphs 14 and 15 of the Payment Guaranty, (2) the Improvements (other than unleased tenant space and minor "punch-list" items) have been satisfactorily completed, lien-free, (3) at least 85% of the total SFGLA in the Improvements is covered by executed leases pursuant to which the tenants thereunder are in occupancy and which have an unexpired term of one (1) year or Event more, (4) the Principal Amount does not exceed 70% of Default the "as-is" value of the Premises (as reflected in an update to the appraisal delivered pursuant to Section 4.01(8), which updated appraisal shall exist be commissioned by Administrative Agent at Borrower's expense) and (5) Debt Service Coverage is at least 1.4, on average, for the four (4) full calendar quarters immediately preceding the date of such notice of extension or on Borrower's written request for the Extension Effective Date; extension; provided, however, that the foregoing loan-to-value and Debt Service -------- ------- Coverage conditions set forth in clauses (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a4) and (b5) of Section 5.05 above shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on satisfied if Borrower makes a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit partial prepayment of the Lenders (Principal Amount on or before the original Maturity Date in an amount such that the requisite loan-to-value or Debt Service Coverage, each recomputed based on their share of the Facility Amount outstanding on the Extension Effective Date)reduced Principal Amount, an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)attained.

Extension of Maturity Date. The Subject to the provisions of this Section 2.09(d), the Borrower may elect shall have two (2) one-year options to extend the Initial Maturity Date with respect to Committed Revolving LoansDate, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of each of the following conditions: (ai) Subject to the provisions of this Section 2.09(d)(i), the Borrower must provide written notice shall have the option to extend the Initial Maturity Date to July 25, 2017 (the “First Extended Maturity Date”), subject to the satisfaction of each of the following conditions: (A) The Borrower shall notify the Administrative Agent of the exercise of the extension option at least 30 days, but not more than 120 days, prior to the Initial Maturity Date; (B) No Default or Event of Default shall have occurred and be continuing on the Initial Maturity Date and after giving effect to the extension; (C) The aggregate Determined Borrowing Base Value for the Borrowing Base Properties shall be calculated as provided in the definitions of those terms immediately prior to the Initial Maturity Date. Any Determined Appraised Value shall be calculated based on the Appraisals prepared or updated at the Borrower’s expense not more than 12 months prior to the Initial Maturity Date and delivered to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) 60 days prior to the Initial Maturity Date; (bD) no Default The aggregate Credit Exposure of all of the Lenders shall be less than or Event of Default shall exist on equal to the date of such notice of extension or on Maximum Loan Amount, as adjusted in connection with the Extension Effective DateAppraisals obtained pursuant to clause (C) above in this Section 2.09(d)(i); (cE) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respectsThe Borrower shall, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, Agent (for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding respective Commitments on the Extension Effective Date), such date) an extension fee equal to twenty hundredths (A) 20.0 basis points multiplied by (B) the aggregate amount of one percent all Commitments as of such date (0.20%whether funded or unfunded) and shall have paid all other outstanding fees, expenses or other amounts that are then due and invoiced reasonably in advance of the then outstanding Facility AmountInitial Maturity Date and for which the Borrower is responsible hereunder; (F) The Borrower shall have delivered to the Administrative Agent a certificate of the Borrower dated as of the Initial Maturity Date signed by an officer of the Borrower certifying and attaching the resolutions adopted by the Borrower approving or consenting to such extension; (G) At the time of the exercise of the extension hereunder, the Borrower shall have delivered (A) a Compliance Certificate demonstrating that the Borrower is in compliance with the covenants set forth in Sections 2.05(f) and 6.07 as of the end of the most recent Measuring Period ending at least forty-five days prior to Initial Maturity Date and (B) a certificate of a Financial Officer certifying that such officer has no knowledge of any change since the end of such applicable Measuring Period that would cause the Borrower to not be in compliance with the covenants set forth in Sections 2.05(f), 6.01, 6.04 and 6.07; and (eH) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the The Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement Guarantors shall be effective upon the date that the extension fee is paid deliver to the Administrative Agent a reaffirmation of their respective obligations under the Loan Documents (after giving effect to the extension), which reaffirmation shall be in form and substance reasonably satisfactory to the Administrative Agent. (ii) Subject to the provisions of this Section 2.09(d)(ii), the Borrower shall have the option to extend the First Extended Maturity Date to July 25, 2018 (the “Second Extended Maturity Date”), subject to the satisfaction of each of the following conditions: (A) The Borrower shall notify the Administrative Agent of the exercise of the extension option at least 30 days, but not more than 120 days, prior to the First Extended Maturity Date; (B) No Default or Event of Default shall have occurred and be continuing on the First Extended Maturity Date and after giving effect to the extension; (C) The aggregate Determined Borrowing Base Value for the Borrowing Base Properties shall be calculated as provided in the definitions of those terms immediately prior to the First Extended Maturity Date. Any Determined Appraised Value shall be calculated based on the Appraisals prepared or updated at the Borrower’s expense not more than 12 months prior to the First Extended Maturity Date and delivered to the Administrative Agent at least 60 days prior to the First Extended Maturity Date; (D) The aggregate Credit Exposure of all of the Lenders shall be less than or equal to the Maximum Loan Amount, as adjusted in connection with the Appraisals obtained pursuant to clause (dC) above in this Section 2.09(d)(ii); (E) The Borrower shall, on the “Extension Effective First Extended Maturity Date”, pay to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments on such date) an extension fee equal to (A) 20.0 basis points multiplied by (B) the aggregate amount of all Commitments as of such date (whether funded or unfunded) and shall have paid all other outstanding fees, expenses or other amounts that are then due and invoiced reasonably in advance of the First Extended Maturity Date and for which the Borrower is responsible hereunder; (F) The Borrower shall have delivered to the Administrative Agent a certificate of the Borrower dated as of the First Extended Maturity Date signed by an officer of the Borrower certifying and attaching the resolutions adopted by such Borrower approving or consenting to such extension; (G) At the time of the exercise of the extension hereunder, the Borrower shall have delivered (A) a Compliance Certificate demonstrating that the Borrower is in compliance with the covenants set forth in Sections 2.05(f) and 6.07 as of the end of the most recent Measuring Period ending at least forty-five days prior to First Extended Maturity Date and (B) a certificate of a Financial Officer certifying that such officer has no knowledge of any change since the end of such applicable Measuring Period that would cause the Borrower to not be in compliance with the covenants set forth in Sections 2.05(f), 6.01, 6.04 and 6.07; and (H) The Borrower and the Guarantors shall deliver to the Administrative Agent a reaffirmation of their respective obligations under the Loan Documents (after giving effect to the extension), which reaffirmation shall be in form and substance reasonably satisfactory to the Administrative Agent.

Extension of Maturity Date. The If the Early Maturity Date Event has not occurred, then the Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 for a single one (1) twelve (12) month period (the “"Extended Maturity Date”"). The one (1) twelve (12) month extension shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount Aggregate Revolving Commitments outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility AmountAggregate Revolving Commitments; and (e) Administrative Agent shall have received reasonably satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the such extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “"Extension Effective Date”").

Extension of Maturity Date. The Subject to the provisions of this Section 2.09(e), the Borrower may elect shall have two one-year options to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) , subject to the satisfaction of each of the following conditions: (ai) Subject to the provisions of this Section 2.09(e)(i), the Borrower must provide written notice shall have the option to extend the Initial Extended Maturity Date to January 28, 2019 (the “First Extended Maturity Date”), subject to the satisfaction of each of the following conditions: (A) The Initial Facility Increase shall have occurred; (B) The Borrower shall notify the Administrative Agent of such election to extend the maturity exercise of the extension option at least thirty (30) days 30 days, but no not more than ninety (90) days 120 days, prior to the Initial Extended Maturity Date; (bC) no No Default or Event of Default shall exist have occurred and be continuing on the date Initial Extended Maturity Date and after giving effect to the extension; (D) The aggregate Borrowing Base for the Borrowing Base Properties shall be calculated as provided in the definitions of such notice of extension or on those terms immediately prior to the Extension Effective Initial Extended Maturity Date; (cE) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in The aggregate Credit Exposure of all material respects, on and as of the Extension Effective Date, except Lenders shall be less than or equal to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01Maximum Loan Amount; (dF) onThe Borrower shall, or on a Business Day no more than five (5) Business Days prior to, the Initial Extended Maturity Date, the Borrower shall pay to the Administrative Agent, Agent (for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding respective Commitments on the Extension Effective Date), such date) an extension fee equal to twenty hundredths (1) 20.0 basis points multiplied by (2) the aggregate amount of one percent all Commitments as of such date (0.20%whether funded or unfunded) and shall have paid all other outstanding fees, expenses or other amounts that are then due and invoiced reasonably in advance of the then outstanding Facility AmountInitial Extended Maturity Date and for which the Borrower is responsible hereunder; (G) The Borrower shall have delivered to the Administrative Agent a certificate of the Borrower dated as of the Initial Extended Maturity Date signed by an officer of the Borrower certifying and attaching the resolutions adopted by the Borrower approving or consenting to such extension; (H) At the time of the exercise of the extension hereunder, the Borrower shall have delivered (1) a Compliance Certificate demonstrating that the Borrower is in compliance with the covenants set forth in Sections 2.05(f) and 6.07 as of the end of the most recent Measuring Period ending at least 45 days prior to Initial Extended Maturity Date and (2) a certificate of a Financial Officer certifying that such officer has no knowledge of any change since the end of such applicable Measuring Period that would cause the Borrower to not be in compliance with the covenants set forth in Sections 2.05(f), 6.01, 6.04 and 6.07; and (eI) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the The Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement Guarantors shall be effective upon the date that the extension fee is paid deliver to the Administrative Agent pursuant a reaffirmation of their respective obligations under the Loan Documents (after giving effect to clause the extension), which reaffirmation shall be in form and substance reasonably satisfactory to the Administrative Agent. (dii) above Subject to the provisions of this Section 2.09(e)(ii), the Borrower shall have the option to extend the First Extended Maturity Date to January 28, 2020 (the “Extension Effective Second Extended Maturity Date”), subject to the satisfaction of each of the following conditions: (A) The Initial Facility Increase shall have occurred; (B) The Borrower shall notify the Administrative Agent of the exercise of the extension option at least 30 days, but not more than 120 days, prior to the First Extended Maturity Date; (C) No Default or Event of Default shall have occurred and be continuing on the First Extended Maturity Date and after giving effect to the extension; (D) The aggregate Borrowing Base for the Borrowing Base Properties shall be calculated as provided in the definitions of those terms immediately prior to the First Extended Maturity Date; (E) The aggregate Credit Exposure of all of the Lenders shall be less than or equal to the Maximum Loan Amount; (F) The Borrower shall, on the First Extended Maturity Date, pay to the Administrative Agent (for the pro rata benefit of the Lenders based on their respective Commitments on such date) an extension fee equal to (1) 20.0 basis points multiplied by (2) the aggregate amount of all Commitments as of such date (whether funded or unfunded) and shall have paid all other outstanding fees, expenses or other amounts that are then due and invoiced reasonably in advance of the First Extended Maturity Date and for which the Borrower is responsible hereunder; (G) The Borrower shall have delivered to the Administrative Agent a certificate of the Borrower dated as of the First Extended Maturity Date signed by an officer of the Borrower certifying and attaching the resolutions adopted by the Borrower approving or consenting to such extension; (H) At the time of the exercise of the extension hereunder, the Borrower shall have delivered (1) a Compliance Certificate demonstrating that the Borrower is in compliance with the covenants set forth in Sections 2.05(f) and 6.07 as of the end of the most recent Measuring Period ending at least 45 days prior to First Extended Maturity Date and (2) a certificate of a Financial Officer certifying that such officer has no knowledge of any change since the end of such applicable Measuring Period that would cause the Borrower to not be in compliance with the covenants set forth in Sections 2.05(f), 6.01, 6.04 and 6.07; and (I) The Borrower and the Guarantors shall deliver to the Administrative Agent a reaffirmation of their respective obligations under the Loan Documents (after giving effect to the extension), which reaffirmation shall be in form and substance reasonably satisfactory to the Administrative Agent.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving LoansMarch 15, Letters of Credit and Swing Line Loans to June 3, 2018 2022 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects, ) on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects), as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Revolving Lenders (based on their share of the Facility Amount Revolving Commitments outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility AmountAggregate Revolving Commitments as of the Extension Effective Date; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).. QB\033578.02027\42870831.19

Extension of Maturity Date. The Borrower may elect to extend the Initial current Maturity Date with respect by up to Committed Revolving Loans, Letters of Credit three (3) successive one-year intervals (each an "Extension Term") by executing and Swing Line Loans delivering to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty forty-five (3045) days but no more than ninety one hundred twenty (90120) days prior to the Initial current Maturity Date, a written notice in the form of Exhibit E (an "Extension Notice"), each such extension being subject to satisfaction of the following: (a) Payment by Borrower at the Maturity Date to be extended of an extension fee pursuant to Section 2.7 hereof; (b) no Default or Event The outstanding principal balance of Default shall exist the Loan (not taking into account the principal repayment required to be made pursuant to Section 2.6(c) below on the date first day of the Extension Term being exercised, so long as such notice of extension or payment is made on the Maturity Date being extended) does not exceed the following amounts on the first day of the applicable Extension Effective Date;Term: Extension Term Maximum Outstanding Principal Balance -------------- ------------------------------------- First Extension Term $212,000,000.00 Second Extension Term $187,000,000.00 Third Extension Term $162,000,000.00 (c) Payment at the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as Maturity Date to be extended of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, first quarterly installment of principal as of such earlier date, and except that for purposes of this required by Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b2.6(c), respectively, of Section 6.01; (d) onThe delivery by Borrower to Agent of an extension agreement and such other documentation as Agent may reasonably require in connection therewith, all of which shall be in form and substance reasonably acceptable to Agent; (e) The delivery by Borrower to Agent of written consent to such extension from all Guarantors; (f) At the time of such notice and extension, there shall exist no Event of Default hereunder or on a Business Day no more than five under any other Loan Documents; (5g) Business Days prior toBorrower shall deliver to Agent an opinion of counsel in form and substance reasonably acceptable to Agent, stating that, inter alia, the Initial Maturity Date, Loan Documents create valid and binding obligations of the Borrower shall pay and all Guarantors, and the transactions evidenced thereby violate no provisions of Applicable Law; (h) The delivery by Borrower to the Administrative Agent of all financial information reasonably requested by Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (ei) Administrative Borrower shall pay, at its sole cost and expense, all costs incurred by Agent and Lenders in connection with such extension, including reasonable legal fees and such other professional services which Agent in good faith determines at the time such extension is requested are necessary to satisfy any Legal Requirement. The payment by Borrower of these costs and expenses shall not be credited, in any way or to any extent, against any portion of the outstanding balance of the Loan. Notwithstanding Borrower's right to extend the Maturity Date of the Loan as set forth hereinabove, Borrower hereby agrees that Agent and Lenders shall have no commitment or obligation to extend the Maturity Date beyond January 31, 2006. Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented forward to by the Guarantors. If the above conditions are satisfied, the extension each Lender a copy of the maturity of this Agreement shall be effective each Extension Notice delivered to Agent promptly upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)receipt thereof.

Extension of Maturity Date. The Borrower may elect to may, at its option, extend the term of the Loans beyond the Initial Maturity Date with respect for two (2) successive terms (the “Extension Option”) of one (1) year each (each, an “Extension Period”) to Committed Revolving Loans(y) April 26, Letters of Credit 2017 if the first Extension Option is exercised and Swing Line Loans to June 3(z) April 26, 2018 if the second Extension Option is exercised (each such date, the “Extended Maturity Date”) subject to upon the satisfaction of the following terms and conditions: (a1) Borrower shall have notified (the Borrower must provide written notice to the “Extension Notice”) Administrative Agent of Borrower’s exercise of such election to extend the maturity at least thirty option between sixty (3060) days but no more than ninety and one hundred twenty (90120) days prior to the Initial then scheduled Maturity Date; (b2) no No Potential Default or Event of Default shall exist on as of the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correctNotice, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, original Maturity Date or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, would result from the extension of the maturity of this the Loans for the Extension Period; (3) The Debt Service Coverage Ratio for the trailing twelve (12) month period that ended as of the last day of the fiscal quarter ending immediately prior to the then scheduled Maturity Date (or the last day of the prior fiscal quarter to the extent required financial information is not yet available to Borrower for the immediately prior ended fiscal quarter) shall be equal to or greater than (a) with respect to the first Extension Option, 1.25:1.00, and (b) with respect to the second Extension Option, 1.30:1:00, and Administrative Agent shall, in each case, have received evidence of the same that is reasonably satisfactory to Administrative Agent; (4) The Debt Yield for the trailing twelve (12) month period that ended as of the last day of the fiscal quarter ending immediately prior to the then scheduled Maturity Date (or the last day of the prior fiscal quarter to the extent required financial information is not yet available to Borrower for the immediately prior ended fiscal quarter) shall be equal to or greater than (a) with respect to the first Extension Option, 10.0%, and (b) with respect to the second Extension Option, 11.0%, and Administrative Agent shall, in each case, have received evidence of the same that is reasonably satisfactory to Administrative Agent; (5) On the first (1st) day of the applicable Extension Period then being exercised, Borrower shall have obtained and delivered or cause to be obtained and delivered to Administrative Agent prior to the first day of the applicable Extension Period (a) one or more replacement Hedge Agreements which meet the requirements contained in the Hedge Agreement Pledge which shall be effective upon on or before the beginning of the applicable Extension Period and shall have a maturity date that not earlier than the end of the applicable Extension Period, and (b) the other deliverables described in Section 9.27; (6) If any Letters of Credit are in the possession of Administrative Agent, the expiration date of such Letters of Credit shall be extended to a date which is thirty (30) days beyond the end of the Extension Period; (7) Whether or not the extension fee is becomes effective, Borrower shall have paid all actual and reasonable out-of-pocket costs and expenses incurred by Administrative Agent in connection with the proposed extension (pre- and post-closing), including appraisal fees and legal fees; all such actual and reasonable out-of-pocket costs and expenses shall be due and payable upon demand, and any failure to pay such amounts shall constitute a default under this Agreement and the Loan Documents; (8) Not later than the Initial Maturity Date, with respect to the first Extension Option, or the first Extended Maturity Date, with respect to the second Extended Maturity Date, the extension shall have been documented to Administrative Agent’s reasonable satisfaction and consented to by Borrower, Property Guarantors, Administrative Agent and all the Lenders, including the execution and delivery by each Property Guarantor of a reaffirmation of its obligations under the Guaranty; and (9) Borrower shall have paid to the Administrative Agent pursuant (for the benefit of the Lenders in accordance with their proportionate shares) the applicable Extension Fee. Each extension shall be otherwise subject to clause (d) above (all of the “other terms and provisions of this Agreement and the other Loan Documents. Borrower shall have no right to exercise the second Extension Effective Date”)Option if the first Extension Option has not been timely exercised by Borrower hereunder.

Extension of Maturity Date. The Borrower may elect shall have the right to exercise one option to extend the Initial Maturity Date with respect to Committed Revolving Loansthen in effect (such existing Maturity Date being the "Extension Effective Date"), Letters for an additional term of Credit and Swing Line Loans to June 3twelve months, 2018 (the “Extended Maturity Date”) subject to the satisfaction provided that each of the following conditionsconditions precedent are met: (a) the Borrower must provide written notice delivers to the Administrative Agent of (which shall promptly notify the Lenders) a request for such election to extend the maturity at least thirty extension (30an "Extension Request") days but no more not later than ninety (90) 60 days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (b) at the time that the Borrower delivers the Extension Request to the Administrative Agent and as of the Extension Effective Date, no Default or Event of Default has occurred and is continuing; (c) the Borrower has a Debt Rating of not less than Baa2 from ▇▇▇▇▇'▇ and BBB from S&P; (d) on the Extension Effective Date, the Borrower pays to the Administrative Agent, for the account of each Lender in accordance with its Pro Rata Share, a extension fee (the "Extension Fee") in an amount equal to 0.25% times the Aggregate Commitment outstanding as of the date of the Extension Request; (e) the Borrower delivers to the Administrative Agent a certificate of each Loan Party, dated as of the Extension Effective Date (in sufficient copies for each Lender), signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension; and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, correct on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, correct as of such earlier date, and except that for purposes of this Section 2.172.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; , (dB) onno Default or Event of Default exists, or on a Business Day no more than five and (5C) Business Days prior to, the Initial Maturity Date, the Borrower has a Debt Rating of not less than Baa2 from ▇▇▇▇▇'▇ and BBB from S&P. This Section shall pay supersede any provisions in Section 2.14 or 10.01 to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)contrary.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect for up to Committed Revolving Loanstwo (2) successive twelve (12) month periods, Letters but in no event beyond the fifth anniversary of Credit and Swing Line Loans to June 3, 2018 the date of this Agreement (the “Extended Maturity Date”). Each of the twelve (12) month extensions shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial then effective Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes QB\033578.02011\28349393.9 of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and; (e) Administrative Agent shall have received reasonably satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors; and Only as to the second twelve (12) month extension, the following additional condition shall apply: (f) The Unsecured Conversion has occurred prior to expiration of the first 12‑month Extension Period. If the above conditions are satisfied, the extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect for up to Committed Revolving Loanstwo (2) successive twelve (12) month periods, Letters but in no event beyond the fifth anniversary of Credit and Swing Line Loans to June 3, 2018 the date of this Agreement (the “Extended Maturity Date”). Each of the twelve (12) month extensions shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial then effective Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the Required Amortization has not occurred and is not then continuing; (d) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (de) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and; (ef) Administrative Agent shall have received reasonably satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors; and Only as to the first twelve (12) month extension, the following additional condition shall apply: (g) CCPT V shall be in compliance with the Minimum Equity Raise Test as of the most recent Fiscal Quarter of CCPT V ending prior to the Initial Maturity Date (or there shall have been a Full Waiver or Cure of any noncompliance therewith). Only as to the second twelve (12) month extension, the following additional condition shall apply: (h) The Unsecured Conversion has occurred prior to expiration of the first 12‑month Extension Period. If the above conditions are satisfied, the extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (de) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3August 15, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Term Loans and Letters of Credit and Swing Line Loans for up to June 3two (2) successive twelve (12) month periods, 2018 but in no event beyond the fifth anniversary of the date of this Agreement (at any time, the “then effective Maturity Date after giving effect to any such extension is the "Extended Maturity Date”"). Each of the twelve (12) month extensions shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects), on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects), as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 shall be deemed to refer to the most recent financial statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount Commitments outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; andCommitments; (e) Administrative Agent shall have received reasonably satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors, and Only as to the second twelve (12) month extension, the following additional condition shall apply: (f) The Unsecured Conversion has occurred prior to the expiration of the first 12-month Extension Period. If the above conditions are satisfied, the such extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “"Extension Effective Date”").

Extension of Maturity Date. The Borrower may elect to may, at its option, extend the term of the Loans beyond the Initial Maturity Date with respect for two (2) successive terms (the “Extension Option”) of one (1) year each (each, an “Extension Period”) to Committed Revolving Loans(y) July 11, Letters of Credit 2012 if the first Extension Option is exercised and Swing Line Loans to June 3(z) July 11, 2018 2013 if the second Extension Option is exercised (each such date, the “Extended Maturity Date”) subject to upon the satisfaction of the following terms and conditions: (a1) Borrower shall notify (the Borrower must provide written notice to the “Extension Notice”) Administrative Agent of Borrower’s exercise of such election option between sixty (60) days, with respect to extend the maturity at least first Extension Option, or thirty (30) days but no more than ninety days, with respect to the second Extension Option and one hundred twenty (90120) days prior to the Initial then scheduled Maturity Date; (b2) no No Potential Default or Event of Default shall exist on exists as of the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correctNotice, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, original Maturity Date or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, would result from the extension of the maturity of this the Loans for the Extension Period and no Event of Default shall have occurred at any time on or prior to the Maturity Date; (3) In connection with the first Extension Option only, the Loan to Value Ratio does not exceed sixty percent (60%); (4) The Debt Service Coverage Ratio for the trailing twelve (12) month period that ended immediately prior to the date of calculation shall be equal to or greater than (a) with respect to the first Extension Option, 1.40:1.00, and (b) with respect to the second Extension Option, 1.45:1 00; (5) If the outstanding principal balance of the Loans shall exceed $550,000,000 on the first (1st) day of the applicable Extension Period then being exercised, Borrower shall have obtained and delivered or cause to be obtained and delivered to Administrative Agent prior to the first day of the applicable Extension Period one or more replacement Hedge Agreements which meet the requirements contained in the Hedge Agreement Pledge which shall be effective on or before the beginning of the applicable Extension Period and shall have a maturity date not earlier than the end of the applicable Extension Period; (6) If any Letters of Credit are in the possession of Administrative Agent, the expiration date of such Letters of Credit shall be extended to a date which is thirty (30) days beyond the end of the Extension Period; (7) Intentionally deleted; (8) Whether or not the extension becomes effective, Borrower shall pay all actual and reasonable out-of-pocket costs and expenses incurred by Administrative Agent and the Lenders in connection with the proposed extension (pre- and post-closing), including appraisal fees and legal fees; all such actual and reasonable out-of-pocket costs and expenses shall be due and payable upon demand, and any failure to pay such amounts shall constitute a default under this Agreement and the Loan Documents; (9) Not later than the Initial Maturity Date, with respect to the first Extension Option, or the first Extended Maturity Date, with respect to the second Extended Maturity Date, the extension shall have been documented to the Lenders’ reasonable satisfaction and consented to by Borrower, Administrative Agent and all the Lenders, including the execution and delivery by the Guarantors of reaffirmations of their respective obligations under the Guaranty; (10) In connection with the first Extension Option only, Borrower, Administrative Agent and the Lenders shall execute amendment to this Agreement reasonably acceptable to Borrower, Administrative Agent and the Lenders amending the Allocated Loan Amounts with respect to each Remaining Individual Property then to reflect an allocation not to exceed 60% of the value of each Remaining Individual Property based upon the date that the extension fee is paid to the Administrative Agent Appraisal delivered pursuant to clause (d3) above above; and (11) Borrower shall pay to Administrative Agent (for the “benefit of the Lenders in accordance with their proportionate shares) the applicable Extension Effective Date”Fee with respect to the outstanding balance of the Loans on (a) the first day of the first Extension Period (with respect to the First Extension Option) and (b) the first day of the second Extension Period (with respect to the second Extension Option). Any such extension shall be otherwise subject to all of the other terms and provisions of this Agreement and the other Loan Documents.

Extension of Maturity Date. The Borrower may elect to extend (a) As required by Section 10.05(e), (i) the Initial Maturity Date with respect to Committed Revolving Loansaggregate principal amount of the Tranche B-1 Term Loans held by the Extending Lenders, Letters of Credit and Swing Line Loans to June 3, 2018 as amended herein (the “Extended Maturity DateTerm Loans”) does not exceed the aggregate principal amount of the Tranche B-1 Term Loans subject to such extension, (ii) the satisfaction Weighted Average Life to Maturity of the following conditions: Extended Term Loans is not shorter than the Weighted Average Life to Maturity of the Tranche B-1 Term Loans subject to such extension on the Effective Date (a) the Borrower must provide written notice except to the Administrative Agent extent of such election to extend nominal amortization for periods where amortization has been eliminated as a result of prepayment of the maturity at least thirty Tranche B-1 Term Loans) and (30iii) days but no more than ninety (90) days prior except with respect to the Initial Maturity Date; (b) no Default interest rate, all other terms applicable to the Extended Term Loans are substantially identical to, or Event of Default shall exist on less favorable to the date of Extending Lenders than, those applicable to the Tranche B-1 Term Loans subject to such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Dateextension, except to the extent necessary to provide for covenants and other terms applicable to any period after the latest final maturity of the Term Loans in effect immediately prior to such extension. An Extended Term Loan shall be treated as a Tranche B-2 Term Loan for all purposes under the Credit Agreement (including for Section 2.15); provided that such representations the Extended Term Loans (i) shall have a separate CUSIP number from the Tranche B-1 Term Loans and warranties specifically refer the Tranche B-2 Term Loans, (ii) shall amortize in installments as a Tranche B-1 Term Loan prior to an earlier date, in which case they are true the Stated Maturity Date for the Tranche B-1 Term Loans (and correct, in all material respects, as the Pro Rata Share of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (aInstallments shall be calculated as if such Extended Term Loans were Tranche B-1 Term Loans) and (iii) may have separate Interest Payment Dates as a result of different Interest Periods applicable thereto. (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity DateExcept as expressly set forth above, the Borrower Representative shall pay to the Administrative Agent, for the pro rata benefit of the Extending Lenders (based on their share of the Facility Amount outstanding all interest due on the Extension Extended Term Loans as if such Extended Term Loans were Tranche B-2 Term Loans. (c) On the Effective Date (or on the next Business Day following the Effective Date), an extension fee equal the Borrower Representative shall pay to twenty hundredths the Extending Lenders all accrued interest due on the Extended Term Loans. Each Extending Lender hereby authorizes the Administrative Agent to cause as soon as practicable and in a manner that minimizes expenses of one percent (0.20%the Borrower Representative under Section 2.18 of the Credit Agreement the Interest Payment Dates with respect to the Extended Term Loans to be the same as those applicable to the Tranche B-2 Term Loans and waives any claim it may have under Section 2.18(c) of the then outstanding Facility Amount; and Credit Agreement in connection therewith. In furtherance of the foregoing, on the Effective Date (e) Administrative Agent shall have received satisfactory documentation evidencing or on the extension executed by next Business Day following the Effective Date), the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement Representative shall be effective upon the date that the extension fee is paid also pay to the Administrative Agent pursuant Term Lenders holding Tranche B-2 Term Loans all accrued interest due on such Tranche B-2 Term Loans, to clause the Term Lenders holding Tranche B-1 Term Loans (dwhich, for the avoidance of doubt shall exclude the Extending Lenders) above all accrued interest due on such Tranche B-1 Term Loans and to the Term Lenders holding any previously extended Extended Term Loans (as defined in the “Extension Effective Date”Credit Agreement) all accrued interest due on such Extended Term Loans (as defined in the Credit Agreement).

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3October 25, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) the Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect may, at its option and subject to extend the Initial satisfaction of the conditions precedent set forth in the next succeeding sentence, on a single occasion request that the Maturity Date with respect to Committed Revolving Loans, Letters as in effect on the date of Credit and Swing Line Loans to June 3, 2018 this Agreement (the “Extended "Original Maturity Date”") be extended to December 31, 2000 (such new date, the "New Maturity Date"). The effectiveness of the extension of the Original Maturity Date to the New Maturity Date shall be subject to the satisfaction of the following conditionsconditions precedent on and as of the Original Maturity Date: (a) the Borrower must provide shall have provided written notice to the Administrative Agent of such election to extend the maturity Agent, at least thirty (30) 30 days but no more than ninety (90) 90 days prior to the Initial Original Maturity Date, that it has elected to extend the Original Maturity Date to the New Maturity Date, which notice shall contain a certification from a Responsible Officer of the Borrower that as of the date of such notice the Borrower shall be able to satisfy each of the other conditions precedent to the extension of the Maturity Date set forth in this Section 2.6 and shall include computations, in reasonable detail, supporting the assertion that the Borrower shall be able to satisfy the conditions set forth in clauses (d) and (e) of this Section 2.6; (b) no Default or Event the Borrower shall not have received written notice from the Agent of Default shall exist on the date of such notice of extension or on the Extension Effective Dateany Default; (c) the representations no Event of Default shall have occurred and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01continuing; (d) onthe Debt to Value Ratio (based upon the appraisal delivered pursuant to Section 5.2(g)) shall not exceed 72.5%; (e) the Debt Service Coverage Ratio for the Test Period ended December 31, or on a Business Day no more 1999 shall not be less than five 1.55 to 1; (5f) Business Days prior to, the Initial Maturity Date, the Borrower shall pay have obtained an interest rate swap, cap, collar or other interest rate hedge with respect to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) at least 50% of the then outstanding Facility Amountprincipal amount of the Loans, fixing the Eurodollar Rate for the Extension Term at not more than 3% above the Eurodollar Rate as in effect on the Original Maturity Date; and (eg) Administrative Agent the Borrower shall have received satisfactory documentation evidencing paid an extension fee (the "Extension Fee"), in an amount equal to 0.25% of the aggregate principal amount of the Loans then outstanding, to the Agent for the ratable benefit of the Lenders. From and after the effectiveness of any such extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfiedas provided in this Section 2.6, the extension New Maturity Date shall constitute the Maturity Date for all purposes of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)Loan Documents.

Extension of Maturity Date. The 2.15.1 Not less than sixty (60) days and no earlier than one hundred eighty (180) days prior to the original Maturity Date, Borrower may elect to request in writing that Lender extend the Initial Maturity Date with respect (if not previously terminated) to Committed Revolving LoansApril 8, Letters 2017 (the end of Credit such period and Swing Line Loans to June 3, 2018 (such date being the “Extended Maturity Date”) ). 2.15.2 Lender agrees that the Maturity Date of the Loans shall be extended following a request from Borrower pursuant to Section 2.15.1 above subject to the satisfaction of the following terms and conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist have occurred and be continuing on the date of such notice extension and after giving effect thereto; (b) the ratio of extension or on the Extension Effective Dateoutstanding balance of the Borrowing Base Debt to Borrowing Base Asset Value is no more than fifty percent (50%); (c) the Debt Service Coverage Ratio is no less than 1.50 to 1.00; (d) the Debt Yield is no less than twelve percent (12%); (e) in connection with each extension of the original Maturity Date pursuant to clause (a) or (b) above, Borrower shall, on the original Maturity Date, pay to Lender an extension fee equal to 0.25% of the Commitment; (f) Each Credit Party shall deliver to Lender a Certificate executed on behalf of such Credit Party (with respect to the Solvency of any such Credit Party both before and after giving effect to such extension) and a certificate of each Credit Party dated as of the original Maturity Date, signed by a Responsible Officer (i) certifying and attaching the resolutions adopted by such Person approving or consenting to such extension and updated financial projections for such Credit Party through the Extended Maturity Date, and (ii) certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V this Agreement and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective Datesuch date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correctcorrect as of the date of such extension, provided, that any representation or warranty which is qualified by materiality or “material adverse effect” or similar language shall be true and correct in all material respects, as and (B) no Default or Event of such earlier date, Default exists; and except that for purposes all of this Section 2.17, the representations and warranties certifications contained in subsections (a) and (b) each of Section 5.05 the foregoing certificates shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) true and (b), respectively, of Section 6.01;correct; and (dg) on, Borrower shall have paid any costs or on a Business Day no more than five (5) Business Days prior to, expenses incurred by Lender with respect to such extension and the Initial Maturity Datedocuments to be delivered in connection therewith. Notwithstanding the foregoing, the Borrower shall pay have the option to, prior to the Administrative Agentoriginal Maturity Date hereunder, for to make a principal payment in an amount such that after giving effect to such reduction, Borrower would be in compliance with the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)foregoing conditions.

Extension of Maturity Date. The OP Borrower may elect shall have the right to exercise one option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect (such existing Maturity Date being the “Extended Maturity Extension Effective Date”) subject to the satisfaction ), for an additional term of twelve months, provided that each of the following conditionsconditions precedent are met: (a) the OP Borrower must provide written notice delivers to the Administrative Agent of (which shall promptly notify the Lenders) a request for such election to extend the maturity at least thirty extension (30an “Extension Request”) not earlier than 90 days but no more and not later than ninety (90) 60 days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (b) at the time that the OP Borrower delivers the Extension Request to the Administrative Agent and as of the Extension Effective Date, no Default has occurred and is continuing; (c) on the Extension Effective Date, the Borrowers pay to the Administrative Agent, for the account of each Lender in accordance with its Pro Rata Share, an extension fee (the “Extension Fee”) in an amount equal to 0.25% times the Aggregate Commitment outstanding as of the date of the Extension Request; (d) the Borrowers deliver to the Administrative Agent a certificate of the Borrowers, dated as of the Extension Effective Date (in sufficient copies for each Lender), signed by a Responsible Officer of each Borrower, certifying that, before and after giving effect to such extension, (i) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, correct on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, correct as of such earlier date, and except that for purposes of this Section 2.172.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; , and (dii) on, no Default exists. This Section shall supersede any provisions in Section 2.13 or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay 10.01 to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)contrary.

Extension of Maturity Date. The Borrower may elect shall have the right to exercise one option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect (such existing Maturity Date being the “Extended Maturity Extension Effective Date”) subject to the satisfaction ), for an additional term of twelve months, provided that each of the following conditionsconditions precedent are met: (a) the Borrower must provide written notice delivers to the Administrative Agent of (which shall promptly notify the Lenders) a request for such election to extend the maturity at least thirty extension (30an “Extension Request”) days but no not more than ninety (90) 180 days or less than 90 days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (b) at the time that the Borrower delivers the Extension Request to the Administrative Agent and as of the Extension Effective Date, no Default or Event of Default has occurred and is continuing; (c) on the Extension Effective Date, the Borrower pays to the Administrative Agent, for the account of each Lender in accordance with its Pro Rata Share, a extension fee (the “Extension Fee”) in an amount equal to 0.15% times the Aggregate Commitment outstanding as of the date of the Extension Request; (d) the Borrower delivers to the Administrative Agent a certificate of each Loan Party, dated as of the Extension Effective Date (in sufficient copies for each Lender), signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension; and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, correct as of such earlier date, and except that for purposes of this Section 2.172.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; 6.01 and (dB) on, that no Default or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower Event of Default exists. This Section shall pay supersede any provisions in Section 2.14 or 10.01 to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)contrary.

Extension of Maturity Date. The Borrower may elect may, at its option and subject to extend the Initial satisfaction of the conditions precedent set forth in the next succeeding sentence, on a single occasion request that the Maturity Date with respect to Committed Revolving Loans, Letters as in effect on the date of Credit and Swing Line Loans to June 3, 2018 this Agreement (the “Extended "Original Maturity Date”") be extended to December 31, 2000 (such new date, the "New Maturity Date"). The effectiveness of the extension of the Original Maturity Date to the New Maturity Date shall be subject to the satisfaction of the following conditionsconditions precedent on and as of the Original Maturity Date: (a) the Borrower must provide shall have provided written notice to the Administrative Agent of such election to extend the maturity Agent, at least thirty (30) 30 days but no more than ninety (90) 90 days prior to the Initial Original Maturity Date, that it has elected to extend the Original Maturity Date to the New Maturity Date, which notice shall contain a certification from a Responsible Officer of the Borrower that as of the date of such notice the Borrower shall be able to satisfy each of the other conditions precedent to the extension of the Maturity Date set forth in this Section 2.6 and shall include computations, in reasonable detail, supporting the assertion that the Borrower shall be able to satisfy the conditions set forth in clauses (d) and (e) of this Section 2.6; (b) no Default or Event the Borrower shall not have received written notice from the Agent of Default shall exist on the date of such notice of extension or on the Extension Effective Dateany Default; (c) the representations no Event of Default shall have occurred and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01continuing; (d) onthe Debt to Value Ratio (based upon the appraisal delivered pursuant to Section 5.2(g)) shall not exceed 65%; (e) the Debt Service Coverage Ratio for the Test Period ended December 31, or on a Business Day no more 1999 shall not be less than five 1.15 to 1; (5f) Business Days prior tothe Adjusted Debt Service Coverage Ratio for the Test Period ended December 31, the Initial Maturity Date, 1999 shall not be less than 1.55 to 1; (g) the Borrower shall pay have obtained an interest rate swap, cap, collar or other interest rate hedge with respect to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) at least 50% of the then outstanding Facility Amountprincipal amount of the Loans, fixing the Eurodollar Rate for the Extension Term at not more than 3% above the Eurodollar Rate as in effect on the Original Maturity Date; and (eh) Administrative Agent the Borrower shall have received satisfactory documentation evidencing paid an extension fee (the "Extension Fee"), in an amount equal to 0.25% of the aggregate principal amount of the Loans then outstanding, to the Agent for the ratable benefit of the Lenders. From and after the effectiveness of any such extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfiedas provided in this Section 2.6, the extension New Maturity Date shall constitute the Maturity Date for all purposes of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)Loan Documents.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier dateSubject to, and except that for purposes of upon the Borrowers’ satisfaction of, the conditions set forth in this Section 2.17, the representations and warranties contained in subsections 2.15 (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the such date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”), Agent shall extend the Maturity Date of this Agreement by an additional year (each a “Maturity Date Extension”), with no more than two (2) such Maturity Date Extensions occurring during the term of this Agreement, subject to the following conditions for each such Maturity Date Extension: (a) No Event of Default shall have occurred and be continuing under any of the Loan Documents on the Extension Effective Date and no Material Adverse Change shall have occurred; (b) The Borrowers shall have on or before the Extension Effective Date delivered to the Agent for the ratable benefit of the Lenders a fee equal to one-quarter percent (0.25%) of the outstanding balance of the Loan, which fee shall be non-refundable and shall be deemed fully earned upon receipt; (c) If not previously authorized by resolutions satisfactory to the Agent, the Borrowers shall have delivered to the Agent true, correct and complete copies of duly adopted resolutions of each Borrower authorizing each respective Borrower to extend the Maturity Date; (d) The Borrowers shall have paid Agent’s reasonable costs and expenses in connection with the requested Maturity Date Extension; and (e) The Borrowers shall give notice of their desire to extend the Maturity Date in the form of a Request for Extension attached hereto as Exhibit D on or prior to the date that is not less than sixty (60) days or more than six (6) months prior to the then effective Maturity Date. Following receipt of a Request for Extension, the Agent shall promptly notify each Lender of such request. Upon acceptance by the Agent of the Request for Extension evidencing that each of the conditions set forth in this Section 2.15 have been satisfied, the Extension Effective Date shall occur and the Maturity Date Extension shall be effective.

Extension of Maturity Date. The Borrower may elect shall have the right to extend the Initial Maturity Date with respect of the Loan to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 (the “First Extended Maturity Date”) subject Date upon satisfaction of the following conditions precedent to the satisfaction of the following conditions:Lender. (ai) the Borrower must provide written notice shall have submitted to the Administrative Agent of such election to extend the maturity Lender at least thirty sixty (3060) days but no not more than ninety (90) days prior to the Initial Maturity Date a written request for extension of the Initial Maturity Date; (bii) no No Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Initial Maturity Date; (ciii) The Imputed Debt Service Coverage Ratio for the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except three (3) month period prior to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the was at least 1.40 to 1.00; (iv) Borrower shall pay have paid to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), Lender an extension fee equal to twenty hundredths in the amount of one quarter of one percent (0.200.25%) of the then outstanding Facility Amountprincipal amount of the Loan; (v) The principal balance of the Loan shall not exceed 50% of the current appraised value of the Property, determined by Lender based upon an updated MAI appraisal of the Property which has been approved in writing by Lender and obtained at Borrower’s expense; and (evi) Administrative Agent Borrower and each Guarantor shall have received satisfactory documentation evidencing executed and delivered to Lender such amendments and modifications to this Agreement and the Loan Documents as Lender shall reasonably request to reflect the extension executed by as well as a satisfactory date down endorsement to the Borrower Title Insurance Policy, and consented to by the Guarantorssuch other items as Lender may reasonably request. If the above foregoing conditions are have been timely satisfied, the extension of the maturity of this Agreement Lender shall be effective upon the date that the extension fee is paid deliver written notice to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)Borrower confirming such extension.

Extension of Maturity Date. The Borrower may elect shall have two (2) separate options (each an “Extension Option”) to extend the Initial Loans for a period of six (6) months each from the Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect hereunder (the “Extended Existing Maturity Date”) ), each such Extension Option being exercisable only once as provided below, and subject to the satisfaction of each of the following conditions: (a) the Borrower must provide Administrative Agent shall have received written notice to the Administrative Agent of such Borrower’s election to extend exercise the maturity Extension Option at least thirty (30) days but no more than ninety one hundred twenty (90120) days prior to before the Initial Existing Maturity Date;Date (as then in effect). (b) There shall exist no Default or Event of Default shall exist on at the date of such notice of extension or on time Borrower elects to exercise the Extension Effective Date;Option or at the Existing Maturity Date (as then in effect). (c) Borrower and each Guarantor Subsidiary shall have executed and delivered to Administrative Agent a modification and extension agreement, (i) confirming that the entity documents for the Borrower and Guarantor Subsidiaries previously delivered to Administrative Agent are still in full force and effect, without modification, except to the extent such modifications are (A) permitted under the terms of this Agreement, (B) modifications of a ministerial nature, or (C) otherwise approved by the Required Lenders, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective DateExisting Maturity Date (as then in effect), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, correct in all material respects, respects as of such earlier date, and except that for purposes of this Section 2.172.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01;, and (B) no Default or Event of Default exists. (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share each Lender in accordance with its Applicable Percentage as of the Facility Amount outstanding on effective date of the Extension Effective Date)extension, an extension additional non-refundable commitment fee equal to twenty hundredths in the amount of one percent (0.20%) 0.0625% of the Aggregate Commitments (the “Extension Fee”) in consideration for their Commitment until the applicable extended Maturity Date, which Extension Fee shall be due with respect to each Extension Option and payable not later than the Existing Maturity Date (as then outstanding Facility Amount; andin effect). As of the date of the Borrower’s delivery of written notice electing to exercise each Extension Option, the applicable Extension Fee will have been earned in full and be a bona fide commitment fee intended as reasonable compensation to Lenders for their Commitment until the applicable extended Maturity Date. (e) The Borrower shall pay to Administrative Agent shall have received satisfactory all reasonable costs and expenses, including reasonable attorneys’ fees, incurred in connection with such extension and the documentation evidencing the extension executed by the Borrower thereof. (f) During each extended term, all terms and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of Loan Documents (including but not limited to interest rates and payments) pertaining to the Loans shall continue to apply; provided, however, that the term “Maturity Date” and all references to such term in this Agreement and the other Loan Documents shall mean and refer to the extended Maturity Date, which after exercise of the first Extension Option, shall be effective upon February 7, 2020, and after exercise of the date that second Extension Option (and only if the extension fee first Extension Option is paid exercised) shall be August 7, 2020. All references in this Agreement or any other Loan Document to the Administrative Agent pursuant exercise of each Extension Option shall be deemed to clause (d) above (the “Extension Effective Date”)refer to satisfaction of all conditions set forth above.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect for up to Committed Revolving Loanstwo (2) successive twelve (12) month periods, Letters but in no event beyond the fifth anniversary of Credit and Swing Line Loans to June 3, 2018 the date of this Agreement (the “Extended Maturity Date”). Each of the twelve (12) month extensions shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial then effective Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the Required Amortization has not occurred and is not then continuing; (d) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (de) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and; (ef) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors; and Only as to the first twelve (12) month extension, the following additional condition shall apply: (g) CCIT II shall be in compliance with the Minimum Equity Raise Test as of the most recent Fiscal Quarter of CCIT II ending prior to the Initial Maturity Date (or there shall have been a Full Waiver or Cure of any noncompliance therewith). Only as to the second twelve (12) month extension, the following additional condition shall apply: (h) The Unsecured Conversion has occurred prior to expiration of the first 12-month Extension Period. If the above conditions are satisfied, the extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (de) above (the “Extension Effective Date”).

Extension of Maturity Date. The (a) Notwithstanding anything to the contrary in this Agreement, by at least ten (10) Business Day’s prior written notice to Administrative Agent (or such shorter period as may be agreed by Administrative Agent (at the direction of the Required Lenders) and on the same terms to each Lender holding Loans , the Borrower may elect is hereby permitted to extend the Initial scheduled Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June all obligations by three (3, 2018 ) months (the “Extended Maturity DateExtension”) subject to the satisfaction of ), so long as the following conditionsterms are satisfied: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (ci) the representations and warranties contained of the Borrower and each other Obligor set forth in Article V this Agreement and the other Loan Documents are true and correct, correct in all material respects, on and respects (without duplication of any materiality qualifiers) with the same effect as of the Extension Effective Date, if then made (except to the extent that such representations and warranties specifically refer stated to an relate to a specific earlier date, in which case they are such representations and warranties shall be true and correct, correct in all material respects, respects (without duplication of any materiality qualifiers) as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (dii) on, no Event of Default or on a Business Day no more than five Default shall have then occurred and be continuing; and (5iii) Business Days prior to, the Initial Maturity Date, the Borrower shall pay have paid to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share each Lender, a payment in an amount equal to 2.00% of the Facility Amount aggregate Loans outstanding on as of the date of such extension (the “Maturity Extension Effective DatePayment”), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent which Maturity Extension Payment shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, be Paid in Kind automatically upon the extension of the maturity Maturity Date in accordance with the terms of this Agreement Section 2.1.5, and compounded on each such Loan, as applicable. (b) No consent of any Lender shall be effective upon required to effectuate any Extension. The Lenders hereby irrevocably authorize Administrative Agent to enter into amendments to this Agreement and the date that other Loan Documents with the extension fee is paid to Borrower Representative as may be necessary or appropriate in the reasonable opinion of the Administrative Agent pursuant and the in connection with such Extension. (c) This Section 2.1.5 shall supersede any provisions of Section 14.1 to clause (d) above (the “Extension Effective Date”)contrary.

Extension of Maturity Date. The Provided no Event of Default or Potential Default exists, Lender shall on request of Borrower may elect to not more than ninety (90) days before and not fewer than sixty (60) days before the Maturity Date, or any extension thereof, extend the Initial Maturity Date with respect for up to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 two (the “Extended Maturity Date”2) subject to the satisfaction of additional one-year periods upon the following conditions: (a) receipt and approval by Lender of a satisfactory current environmental Site Assessment and engineering report for each of the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity DateProjects; (b) no Default or Event determination by Lender, based on Lender's audit of Default shall exist the Operating Revenues and Operating Expenses of the Projects, that the Net Operating Income of the Projects provides a Cash on the date Cash Return of such notice at least 13.0% per annum, a Debt Service Coverage of extension or on the Extension Effective Dateat least 1.45:1, and a Loan to Value Ratio of not more than 80%; (c) receipt by Lender of an extension fee in the representations amount of one-half percent (0.5%) of the principal balance of the Loan; (d) Borrower's purchase of a further Interest Rate Protection Agreement satisfactory to Lender, and warranties contained the assignment of such Interest Rate Protection Agreement to Lender, in Article V form satisfactory to Lender; (e) receipt by Lender of an estoppel certificate executed by Operating Lessee and confirming that the Operating Lease is in full force and effect, is not subject to any offsets, credits or defenses, and as to such other matters as Lender reasonably shall request. (f) execution by Borrower of an agreement, in form and substance satisfactory to Lender, renewing and extending the Maturity Date of the Loan and the liens, security interests and other obligations created by the Mortgages and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an applicable extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amountperiod; and (eg) Administrative Agent shall have received satisfactory documentation evidencing payment by Borrower of all costs and expenses of extending the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfiedMaturity Date, including, without limitation, the extension fees and expenses of the maturity of this Agreement shall be effective upon the date that the extension fee is paid Lender's counsel, recording costs, and any endorsement to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)title insurance required by Lender.

Extension of Maturity Date. The Subject to the provisions of this Section 2.15, the Borrower may elect shall have the option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect hereunder (the “Extended Existing Maturity Date”), for an additional one (1) year from the Existing Maturity Date (the “Extension Option”), subject to the satisfaction of each of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at At least thirty (30) days but no and not more than ninety (90) days prior to the Initial Existing Maturity DateDate the Borrower shall notify the Administrative Agent of its exercise of the Extension Option; (b) no Default or Event As of Default shall exist on the date of such notice of extension or on the Borrower's request to exercise the Extension Effective DateOption and as of the Existing Maturity Date no Default shall have occurred and be continuing; (c) The Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Existing Maturity Date signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective Existing Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, correct in all material respects, respects as of such earlier date, and except that for purposes of this Section 2.172.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 6.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.017.01, and (B) no Default exists; (d) on, or on a Business Day no more No later than five (5) Business Days prior to, the Initial Existing Maturity Date, Date the Borrower shall pay have paid to the Administrative Agent, Agent (for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), Lenders) an extension fee equal to twenty hundredths in the amount of one percent (0.20%) 0.15% of the then outstanding Facility AmountAggregate Commitments; and (e) The Borrower shall have paid all reasonable out-of-pocket costs and expenses incurred by the Administrative Agent and all reasonable fees and expenses paid to third party consultants (including reasonable attorneys' fees and expenses) incurred by the Administrative Agent in connection with such extension. The Administrative Agent shall have received satisfactory documentation evidencing the promptly notify each Lender of such extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)request.

Extension of Maturity Date. The Subject to the provisions of this Section 2.15, the Borrower may elect shall have the option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3, 2018 then in effect hereunder (the “Extended Existing Maturity Date”), for an additional one (1) year from the Existing Maturity Date (the “Extension Option”), subject to the satisfaction of each of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at At least thirty (30) days but no and not more than ninety (90) days prior to the Initial Existing Maturity DateDate the Borrower shall notify the Administrative Agent of its exercise of the Extension Option; (b) no Default or Event As of Default shall exist on the date of such notice of extension or on the Borrower’s request to exercise the Extension Effective DateOption and as of the Existing Maturity Date no Default shall have occurred and be continuing; (c) the Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Existing Maturity Date signed by a Responsible Officer of such Loan Party (i) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such extension and (ii) in the case of the Borrower, certifying that, before and after giving effect to such extension, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct, correct in all material respects, respects on and as of the Extension Effective Existing Maturity Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, correct in all material respects, respects as of such earlier date, and except that for purposes of this Section 2.172.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 6.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.017.01, and (B) no Default exists; (d) on, or on a Business Day no more No later than five (5) Business Days prior to, the Initial Existing Maturity Date, Date the Borrower shall pay have paid to the Administrative Agent, Agent (for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), Lenders) an extension fee equal to twenty hundredths in the amount of one percent (0.20%) % of the then outstanding Facility AmountAggregate Commitments; and (e) Administrative Agent The Borrower shall have received satisfactory documentation evidencing the extension executed paid all reasonable out-of-pocket costs and expenses incurred by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant and all reasonable fees and expenses paid to clause third party consultants (dincluding reasonable attorneys’ fees and expenses) above (incurred by the “Extension Effective Date”)Administrative Agent in connection with such extension.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect to Committed Revolving LoansMarch 15, Letters of Credit and Swing Line Loans to June 3, 2018 2022 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects, ) on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects (except for those representations and warranties that are conditioned by materiality, which shall be true and correct in all respects), as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Revolving Lenders (based on their share of the Facility Amount Revolving Commitments outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility AmountAggregate Revolving Commitments as of the Extension Effective Date; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect shall have the option (the "Option") to extend the Initial Maturity Date with respect original maturity date of the Notes from July 28, 1999, to Committed Revolving LoansJuly 28, Letters of Credit 2000, such Option being exercisable only as provided below, and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide Agent shall have received written notice to of the Administrative Agent of such election to extend the maturity exercise thereof at least thirty (30) days but no more than ninety sixty (9060) days prior to before the Initial Maturity Advance Termination Date; (b) There shall exist no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective DatePotential Default; (c) No event, circumstance or condition shall exist or shall have occurred which constitutes a Material Adverse Effect; (d) Borrower shall have executed and delivered to Agent a modification and extension agreement, and) such other agreements, documents or amendments to the representations and warranties contained in Article V and the other Loan Documents as are true reasonably requested by Agent to properly document the extension, all in form and correctcontent satisfactory to Agent; (e) Borrower shall pay to Agent, for the benefit of Lenders, an additional nonrefundable commitment fee in the amount of $375,000.00 (the "Additional Commitment Fee"; together with the Initial Commitment Fee, the "Commitment Fee"), being .25% of $150,000,000.00, in consideration of the commitment of Lenders to make the proceeds of the Loan available to Borrower on a non-revolving basis after the Advance Termination Date. As of the date of Borrower's delivery of written notice regarding the Option, the Additional Commitment Fee will have been earned in full and be a bona fide commitment fee intended as reasonable compensation to Lenders for commitment to make by the Loan available to Borrower on a non-revolving basis after the Advance Termination Date; and (f) During the extended term, all material respectsterms and conditions of the Loan Documents (including but not limited to interest rates and payments) pertaining to the Loan shall continue to apply, provided, however, that the principal shall be due and payable in monthly installments, each equal to the principal portion only of the level payment of principal and interest which would be required if an amount equal to the sum of the outstanding aggregate principal balance of the Notes as of July 28, 1999 were amortized over fifteen (15) years at a per annum interest rate equal to the greater of (i) nine percent (9%), or (ii) two and one-half percent (2.5%) plus the rate of interest per annum on and U.S. Treasury Notes having a maturity of seven (7) years in the "this week" column under the heading "Treasury Constant Maturities" of the FEDERAL RESERVE statistical release Form H.15 which has been most recently published, all calculated as of the Extension Effective first (1st) day of the calendar month following the Advance Termination Date, except . The first of such principal installments shall be due and payable beginning on the tenth (10th) day of the calendar month following the Advance Termination Date and a like principal installment shall be due and payable on the 10th day of each succeeding calendar month thereafter. All references in this Agreement to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as exercise of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 Option shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, satisfaction of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above all conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)set forth above.

Extension of Maturity Date. The Borrower may elect shall have the right to extend the Initial Maturity Date for one twelve-month period after which Borrower may extend the Maturity Date for a second twelve-month period, as such date may be accelerated upon the occurrence of an Event of Default in accordance with respect to Committed Revolving Loansthe terms hereof, Letters upon satisfaction by Borrower of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction all of the following conditionsterms and conditions on or before each then occurring Maturity Date: (ai) the Borrower must shall provide to Administrative Agent written notice of Borrower’s intention to the Administrative Agent of exercise such election to extend the maturity right at least thirty sixty (3060) days but no not more than ninety one hundred twenty (90120) days prior to the Initial then occurring Maturity Date, said notice to be in the form set forth on Exhibit A attached hereto and made a part hereof. Borrower shall have the right to revoke the aforementioned notice of intent, provided that Borrower shall reimburse Administrative Agent and Lender’s for all of Administrative Agent’s and Lender’s actual reasonable, and out-of-pocket costs and expenses in connection with such revocation; and (ii) On the date of the notice provided pursuant to clause (i) above, and on the then occurring Maturity Date, there shall not exist or be continuing any Event of Default; (biii) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as As of the Extension Effective Date, except calendar quarter most recently ending prior to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then occurring Maturity Date, the Borrower Debt Service Coverage Ratio shall pay be not less than 1.45:1.0; (iv) The Loan to Value Ratio (as defined below) does not exceed sixty-two percent and one-half (62.5%) as of the initial Maturity Date. For purposes hereof, “Loan to Value Ratio” means (i) the sum of any unfunded and available Loan commitments plus the unpaid principal amount of the Loan together with all accrued and unpaid interest thereon and all other amounts payable under any of the Loan Documents, as a percentage of (ii) the “as-is” fair market value of the Premises as of such date determined by Administrative Agent by reference to reasonably acceptable guides and indexes and/or Appraisals dated not more than sixty (60) days prior to the Administrative AgentMaturity Date, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) with any Appraisal obtained by Administrative Agent shall have received satisfactory documentation evidencing the extension executed for such purpose to be from an appraiser selected by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).at Borrower’s sole cost and expense;

Extension of Maturity Date. The Borrower may elect (a) Maker hereby agrees to: (i) as a penalty, issue and deliver to extend Payee by October 18, 2004, 2,000,000 shares of its common stock; (ii) deliver to Payee’s counsel by October 18, 2004 an additional 2,000,000 shares of Maker’s common stock as additional escrow security; and (iii) within 10 days of the Initial Maturity Date with respect to Committed Revolving Loanscompletion of the Maker’s contemplated merger transaction, Letters of Credit and Swing Line Loans to June 3, 2018 (the “Extended Maturity DateMerger”) subject estimated to close on or about November 29, 2004, deliver to Payee’s counsel an additional 21,000,000 shares of Maker’s common stock (the satisfaction “Additional Collateral Shares”) as additional escrow security (based on there being an anticipated 470,000,000 post-merger issued and outstanding common shares); and (iv) pay to Payee’s designee, CJR Capital, LLC, $10,000.00 by October 22, 2004, in respect of its due diligence and legal expenses related to this Agreement. In addition, the parties hereto agree that, as of the following conditions: (a) date hereof, the Borrower must provide written notice conversion price provided for in Section 2 of the Note shall be changed to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date;$.045. (b) no Default or Event In consideration of Default shall exist on the date foregoing, and subject to Maker’s timely completion of such notice its delivery and payment obligations under Section 1(b) above, Payee hereby agrees to extend the Maturity Date of extension or on the Extension Effective Date; (c) Note until January 31, 2005; provided, however, that Payee hereby further agrees to extend the representations Maturity Date of the Note until March 24, 2005, if by November 29, 2004, Maker completes the Merger and warranties contained in Article V and delivers to Payee’s counsel the other Loan Documents are true and correctAdditional Collateral Shares referred to above, together with a legal opinion from Maker’s counsel, in all material respectsform and substance reasonably satisfactory to Payee, on and as of the Extension Effective Date, except to the extent effect that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, 40,000,000 of Maker’s common shares held as collateral on behalf of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall Payee may freely be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed sold by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective Payee under SEC Rule 144 upon the date earlier of: (i) March 24, 2005 or (ii) an event of a default occurring under the Note. The parties acknowledge that the Note will continue to bear interest at its stated rate of 1% per month during any such extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)periods.

Extension of Maturity Date. The Subject to the provisions of this Section 2.09(d), the Borrower may elect shall have one (1) one-year option to extend the Initial Maturity Date with respect to Committed Revolving Loans, Letters of Credit and Swing Line Loans to June 3September 23, 2018 (the “Extended Maturity Date”) ), subject to the satisfaction of each of the following conditions: (ai) the The Borrower must provide written notice to shall notify the Administrative Agent of such election to extend the maturity exercise of the extension option at least thirty (30) days 30 days, but no not more than ninety (90) days 120 days, prior to the Initial Maturity Date; (bii) no No Default or Event of Default shall exist have occurred and be continuing on the date of such notice of extension or on Initial Maturity Date and after giving effect to the Extension Effective Dateextension; (ciii) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01[reserved]; (div) onThe aggregate Credit Exposure of all of the Lenders shall be less than or equal to the Maximum Loan Amount; (v) The Borrower shall, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, Agent (for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding respective Commitments on the Extension Effective Date), such date) an extension fee equal to twenty hundredths (A) 20.0 basis points multiplied by (B) the aggregate amount of one percent all Commitments as of such date (0.20%whether funded or unfunded) and shall have paid all other outstanding fees, expenses or other amounts that are then due and invoiced reasonably in advance of the then outstanding Facility AmountInitial Maturity Date and for which the Borrower is responsible hereunder; (vi) The Borrower shall have delivered to the Administrative Agent a certificate of the Borrower dated as of the Initial Maturity Date signed by an officer of the Borrower certifying and attaching the resolutions adopted by the Borrower approving or consenting to such extension; (vii) At the time of the exercise of the extension hereunder, the Borrower shall have delivered (A) a Compliance Certificate demonstrating that the Borrower is in compliance with the covenants set forth in Sections 2.05(i) and 6.16 as of the end of the most recent Measuring Period ending at least forty-five days prior to Initial Maturity Date and (B) a certificate of a Financial Officer certifying that such officer has no knowledge of any change since the end of such Measuring Period that would cause the Borrower to not be in compliance with the covenants set forth in Sections 2.05(i) or 6.16; and (eviii) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the The Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement Guarantors shall be effective upon the date that the extension fee is paid deliver to the Administrative Agent pursuant a reaffirmation of their respective obligations under the Loan Documents (after giving effect to clause (d) above (the “Extension Effective Date”extension), which reaffirmation shall be in form and substance reasonably satisfactory to the Administrative Agent.

Extension of Maturity Date. The Borrower may elect shall have the option (the "Option") to extend the Initial Maturity Date with respect original maturity date of the Notes from July 28, 1999, to Committed Revolving LoansJuly 28, Letters of Credit 2000, such Option being exercisable only as provided below, and Swing Line Loans to June 3, 2018 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: (a) the Borrower must provide Agent shall have received written notice to of the Administrative Agent of such election to extend the maturity exercise thereof at least thirty (30) days but no more than ninety sixty (9060) days prior to before the Initial Maturity Advance Termination Date; (b) There shall exist no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective DatePotential Default; (c) No event, circumstance or condition shall exist or shall have occurred which constitutes a Material Adverse Effect; (d) Borrower shall have executed and delivered to Agent a modification and extension agreement, and such other agreements, documents or amendments to the representations and warranties contained in Article V and the other Loan Documents as are true reasonably requested by Agent to properly document the extension, all in form and correctcontent satisfactory to Agent; (e) Borrower shall pay to Agent, for the benefit of Lenders, an additional nonrefundable commitment fee in the amount of $375,000.00 (the "Additional Commitment Fee"; together with the Initial Commitment Fee, the "Commitment Fee"), being .25% of $150,000,000.00, in consideration of the commitment of Lenders to make the proceeds of the Loan available to Borrower on a non-revolving basis after the Advance Termination Date. As of the date of Borrower's delivery of written notice regarding the Option, the Additional Commitment Fee will have been earned in full and be a bona fide commitment fee intended as reasonable compensation to Lenders for commitment to make by the Loan available to Borrower on a non-revolving basis after the Advance Termination Date; and (f) During the extended term, all material respectsterms and conditions of the Loan Documents (including but not limited to interest rates and payments) pertaining to the Loan shall continue to apply, provided, however, that the principal shall be due and payable in monthly installments, each equal to the principal portion only of the level payment of principal and interest which would be required if an amount equal to the sum of the outstanding aggregate principal balance of the Notes as of July 28, 1999 were amortized over fifteen (15) years at a per annum interest rate equal to the greater of (i) nine percent (9%), or (ii) two and one-half percent (2.5%) plus the rate of interest per annum on and U.S. Treasury Notes having a maturity of seven (7) years in the "this week" column under the heading "Treasury Constant Maturities" of the FEDERAL RESERVE statistical release Form H.15 which has been most recently published, all calculated as of the Extension Effective first (1st) day of the calendar month following the Advance Termination Date, except . The first of such principal installments shall be due and payable beginning on the tenth (10th) day of the calendar month following the Advance Termination Date and a like principal installment shall be due and payable on the 10th day of each succeeding calendar month thereafter. All references in this Agreement to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as exercise of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 Option shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, satisfaction of Section 6.01; (d) on, or on a Business Day no more than five (5) Business Days prior to, the Initial Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above all conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”)set forth above.

Extension of Maturity Date. The Borrower may elect to extend the Initial Maturity Date with respect for up to Committed Revolving Loanstwo (2) successive twelve (12) month periods, Letters but in no event beyond the fifth anniversary of Credit and Swing Line Loans to June 3, 2018 the date of this Agreement (the “Extended Maturity Date”). Each of the twelve (12) month extensions shall be subject to the satisfaction of the following conditions: (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial then effective Maturity Date; (b) no Default or Event of Default shall exist on the date of such notice of extension or on the Extension Effective Date; (c) the Required Amortization has not occurred and is not then continuing; (d) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as of the Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct, in all material respects, as of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01; (de) on, or on a Business Day no more than five (5) Business Days prior to, the Initial then effective Maturity Date, the Borrower shall pay to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and; (ef) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors; and Only as to the first twelve (12) month extension, the following additional condition shall apply: (g) CCIT II shall be in compliance with the Minimum Equity Raise Test as of the most recent Fiscal Quarter of CCIT II ending prior to the Initial Maturity Date (or there shall have been a Full Waiver or Cure of any noncompliance therewith). Only as to the second twelve (12) month extension, the following additional condition shall apply: (h) The Unsecured Conversion has occurred prior to expiration of the first 12‑month Extension Period. If the above conditions are satisfied, the extension of the maturity of this Agreement Maturity Date shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (de) above (the “Extension Effective Date”).

Extension of Maturity Date. The Borrower may elect previously exercised its rights under Section 2.8 of the Loan Agreement (First Extension of Maturity Date) to extend the term of the Loan from the Initial Maturity Date with respect to Committed Revolving Loansthe First Extended Maturity Date (i.e., Letters March 1, 2024). As a result, as of Credit the date hereof but prior to effectiveness of this Agreement, the Maturity Date of the Loan is March 1, 2024 and Swing Line Loans Borrower has the option to June 3extend the term of the Loan to the “Second Option Maturity Date” (i.e., 2018 March 1, 2025) subject to the satisfaction of the applicable extension conditions. Notwithstanding the foregoing, the First Extended Maturity Date (and thereby, the Maturity Date) is hereby extended to April 15, 2024 (the “Extended First Extended Maturity Date”). Notwithstanding the foregoing or any terms or conditions to the contrary in the Loan Documents, upon ▇▇▇▇▇▇▇▇’s satisfaction of the ▇▇▇▇▇▇ Release Conditions, Borrower’s option to extend the term of the Loan to the “Second Option Maturity Date” is hereby cancelled and of no further force or effect. In lieu of the foregoing, Administrative Agent and Lenders have agreed that the Maturity Date shall be automatically extended to March 1, 2026 (the “Extended Maturity Date”) subject to the satisfaction of the following conditions: upon Administrative Agent’s determination that (a) the Borrower must provide written notice to the Administrative Agent of such election to extend the maturity at least thirty (30) days but no more than ninety (90) days prior to the Initial Maturity Date; (b1) no Default or Event of Default shall exist on exists and (2) Borrower has satisfied the date of such notice of extension or on ▇▇▇▇▇▇ Release Conditions and consummated the Extension Effective Date; (c) the representations and warranties contained in Article V and the other Loan Documents are true and correct, in all material respects, on and as sale of the Extension Effective Date, except ▇▇▇▇▇▇ Project to the extent that such representations and warranties specifically refer a third party purchaser pursuant to an earlier datearm’s-length transaction (provided, in which case they are true and correctfor the avoidance of doubt, in all material respects, as if ▇▇▇▇▇▇▇▇ fails to satisfy the requirements of such earlier date, and except that for purposes of this Section 2.17, the representations and warranties contained in subsections clauses (a1) and (b2) of Section 5.05 this sentence, unless Administrative Agent and Lenders otherwise agree in writing, the term of the Loan shall not be deemed to refer extended to the most recent statements furnished pursuant Extended Maturity Date and the Maturity Date shall remain the Extended First Extended Maturity Date; provided, however, for the avoidance of doubt, if Borrower fails to subsections cause the Maturity Date to be extended to the Extended Maturity Date in accordance with the terms of this paragraph, Borrower shall retain its rights to extend the term of the Loan to the “Second Option Maturity Date” (ai.e., March 1, 2025) subject to its satisfaction of the terms and (b), respectively, conditions of Section 6.01; 2.9 (dSecond Extension of Maturity Date) on, of the Loan Agreement so long as such option is successfully exercised on or on a Business Day no more than five (5) Business Days prior to, to the Initial Extended First Extended Maturity Date. If Borrower successfully extends the Maturity Date to the Extended Maturity Date, the “Maturity Date” under the Loan Documents shall mean the Extended Maturity Date. Further, notwithstanding anything to the contrary set forth herein or in any other Loan Documents, Borrower shall pay have no further options to extend the Maturity Date except as specifically set forth herein. Following the sale of the ▇▇▇▇▇▇ Project, Administrative Agent agrees, at the written request of ▇▇▇▇▇▇▇▇, to confirm in writing that the Maturity Date has been extended to the Administrative Agent, for the pro rata benefit of the Lenders (based on their share of the Facility Amount outstanding on the Extension Effective Extended Maturity Date), an extension fee equal to twenty hundredths of one percent (0.20%) of the then outstanding Facility Amount; and (e) Administrative Agent shall have received satisfactory documentation evidencing the extension executed by the Borrower and consented to by the Guarantors. If the above conditions are satisfied, the extension of the maturity of this Agreement shall be effective upon the date that the extension fee is paid to the Administrative Agent pursuant to clause (d) above (the “Extension Effective Date”).