Exhibit 10.7
EXECUTION VERSION
AMENDMENT NUMBER TWO
to the
SECOND AMENDED AND RESTATED MASTER LOAN AND SECURITY AGREEMENT
Dated as of June 23, 2021,
among
OP SPE BORROWER PARENT, LLC,
OP SPE PHX1, LLC,
OP SPE TPA1, LLC
and
CITIBANK, N.A.
This AMENDMENT NUMBER TWO (this “Amendment Number Two”) is made this 22nd day of October, 2021 (the “Amendment Effective Date”), among OP SPE BORROWER PARENT, LLC (“Parent Borrower”), and OP SPE PHX1, LLC and OP SPE TPA1, LLC; (each, a “Borrower” and collectively with Parent Borrower, Borrowers”) and CITIBANK, N.A. (“Lender”), to the Second Amended and Restated Master Loan and Security Agreement, dated as of June 23, 2021, among Borrowers, Lender and Wells Fargo Bank, N.A. as calculation agent and paying agent, as such agreement may be amended from time to time (the “Loan Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
RECITALS
WHEREAS, Borrowers and Lender have agreed to amend the Loan Agreement as more specifically set forth herein; and
WHEREAS, as of the date hereof, Borrowers represent to Lender that the Relevant Parties are in full compliance with all of the terms and conditions of the Loan Agreement and each other Loan Document and no Default or Event of Default has occurred and is continuing under the Loan Agreement or any other Loan Document.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the mutual covenants herein contained, the parties hereto hereby agree as follows:
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[Signature Page Follows]
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IN WITNESS WHEREOF, Borrowers and Lender have caused this Amendment Number Two to be executed and delivered by their duly authorized officers as of the Amendment Effective Date.
OP SPE BORROWER PARENT, LLC,
as Parent Borrower
By: /s/ Michael S. Burnett
Name: Michael S. Burnett
Title: Chief Financial Officer
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OP SPE PHX1, LLC
as a Borrower
By: /s/ Michael S. Burnett
Name: Michael S. Burnett
Title: Chief Financial Officer
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OP SPE TPA1, LLC
as a Borrower
By: /s/ Michael S. Burnett
Name: Michael S. Burnett
Title: Chief Financial Officer
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CITIBANK, N.A.,
as Lender
By: /s/ Arunthathi Theivakumaran
Name: Arunthathi Theivakumaran
Title: Vice President
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WELLS FARGO BANK, N.A.,
as Calculation Agent and Paying Agent
By: /s/ Corey J. Dahlstrand
Name: Corey J. Dahlstrand
Title: Corporate Trust Officer
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