{"id":41153,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/master-modification-agreement-the-home-depot-inc-home-depot.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"master-modification-agreement-the-home-depot-inc-home-depot","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/finance\/master-modification-agreement-the-home-depot-inc-home-depot.html","title":{"rendered":"Master Modification Agreement &#8211; The Home Depot Inc., Home Depot USA Inc., HD Real Estate Funding Corp, Credit Suisse Leasing 92A LP and Credit Suisse First Boston"},"content":{"rendered":"<pre>\n                         MASTER MODIFICATION AGREEMENT\n\n                  THIS MASTER MODIFICATION AGREEMENT (this 'Agreement') dated\nas of April 20, 1998, by and among THE HOME DEPOT, INC., a Delaware\ncorporation, as Guarantor (the 'Guarantor'); HOME DEPOT U.S.A., INC. a Delaware\ncorporation, as Lessee and Construction Agent ('Lessee' or 'Construction\nAgent'), HD REAL ESTATE FUNDING CORP., a Delaware corporation, as Facility\nLender ('Facility Lender'), CREDIT SUISSE LEASING 92A, L.P., a Delaware limited\npartnership, as lessor ('Lessor'), the financial institutions listed on the\nsignature pages hereto (each, a 'Lender' and collectively, the 'Lenders') and\nCREDIT SUISSE FIRST BOSTON, a Swiss bank operating through its New York branch,\nas Agent Bank for the Lenders (in such capacity, the 'Agent Bank');\n\n                              W I T N E S S E T H:\n\n                  WHEREAS, each of the parties described above have entered \ninto that certain Participation Agreement, dated as of June 25, 1996, as\namended by that certain First Amendment and Supplement to the Participation\nAgreement, dated as of May 8, 1997 (as amended, the 'Participation Agreement')\nwherein the Lessor has agreed to acquire and construct certain facilities to be\nleased to the Lessee, financed by certain debt provided by the Lenders,\ntogether with certain equity contributions of the Lessor;\n\n                  WHEREAS, the Lessee has requested, and each of the parties, \nsubject to the terms and conditions hereof, has agreed, to modify the terms of\nthe Participation Agreement and the other Operative Documents (as such term is\ndefined in the Participation Agreement) to allow the Lessee to lease to the\nLessor, pursuant to a long-term ground lease in substantial the form attached\nas Exhibit A hereto (the 'Ground Lease'), certain real property located in\nAtlanta, Georgia, as more fully described on Exhibit A to the Ground Lease (the\n'Land'), which Lessee desires to lease back from the Lessor in order to\nconstruct an office building thereon for use by the Lessee;\n\n                  WHEREAS, the parties hereto wish to enter into this Agreement\nto evidence their consent to the Lessee's request and to set forth certain\nmodifications to the Operative Documents, all as more particularly set forth\nbelow;\n\n                  NOW, THEREFORE, for and in consideration of the mutual \npremises contained herein and other valuable consideration, the receipt and\nsufficiency of which are hereby acknowledged, the parties hereto, intending to\nbe legally bound, agree as follows:\n\n         SECTION I.  Definitions; Interpretation.\n\n\n\n\n\n\n         Unless the context shall otherwise require, capitalized terms used and\nnot defined herein shall have the meanings assigned thereto in Appendix 1 to\nthe Participation Agreement and the rules of interpretation set forth in\nAppendix 1 thereto shall apply to this Agreement.\n\n         SECTION II.  Consent.\n\n         Notwithstanding any provision of the Operative Documents to the\ncontrary, each of the parties hereto hereby agrees (i) that the Lessee may\nenter into a Ground Lease with the Lessor with respect to Land which shall\nconstitute a Property pursuant to the terms of the Operative Documents, (ii)\nthat Lessee may, subject to the terms of the Operative Documents, including\nwithout limitation, Section 3.10 of the Participation Agreement, build a\nSupport Facility thereon and (iii) any provision of the Operative Documents not\nexpressly amended or modified by the terms of this Agreement shall be deemed\nmodified to the extent necessary to reflect that the Lessor is leasing the Land\nunder the Ground Lease and is not acquiring fee title to the Land.\n\n         SECTION III.  Amendments.\n\n                  A.   Participation Agreement.\n\n                  1.       Amendments to Section 3.1 of the Participation \n         Agreement. Section 3.1 of the Participation Agreement is hereby\n         amended by deleting subsection (a) thereof in its entirety and by\n         substituting the following in lieu thereof:\n\n                  '(a)     purchase Land (through Advances funded by the Lessor\n                           and the Facility Lender as provided herein) or enter\n                           into the Ground Lease with Lessee with respect to\n                           Land;'\n\n                  2.       Amendment to Section 3.5 of the Participation \n         Agreement. Section 3.5 of the Participation Agreement is hereby\n         amended by deleting the preamble and subsections (c) and (e) thereof\n         and substituting the following in lieu thereof:\n\n                           'SECTION 3.5.  Procedures for Acquisitions of  Land.\n                  With respect to each acquisition of Land or the entering into\n                  of the Ground Lease, . . .\n\n                           '(c) Upon satisfaction of the foregoing conditions\n                  and receipt of the form of Deed or the Ground Lease, as\n                  applicable, Lessor shall execute and deliver a limited power\n                  of attorney to Lessee (or a representative thereof) in\n                  recordable form and satisfactory to Lessor and Agent Bank\n                  sufficient to allow Lessee, upon satisfaction of the\n                  remaining conditions precedent set forth in Sections 7.1 and\n                  7.2, to execute and record such documents necessary or\n                  advisable in connection with the acquisition or lease, as\n                  applicable, of such Land on the Property Closing Date;'\n\n\n\n                                       2\n\n\n                  and\n\n                           '(e) Lessee shall give the Lessor, the Facility\n                  Lender, and the Agent Bank an irrevocable prior written\n                  notice not later than 1:00 p.m., New York time, on the\n                  Business Day of the proposed Property Closing Date, pursuant,\n                  in each case, to an Acquisition Request in the form of\n                  Exhibit A attached hereto and made a part hereof by this\n                  reference (an 'Acquisition Request'), specifying with respect\n                  to such Land: (i) the Property Closing Date, (ii) the Land to\n                  be acquired or leased, (iii) the identity of the seller or\n                  lessor and the Property Acquisition Cost (except in the case\n                  of the Land subject to the Ground Lease), and (iv) the\n                  Estimated Completion Date for such Property.'\n\n                  3.       Amendment to Section 3.10 of the Participation \n         Agreement. Section 3.10 of the Participation Agreement is hereby\n         amended by deleting such Section in its entirety and substituting the\n         following in lieu thereof:\n\n                           'SECTION 3.10. Use of Proceeds. The proceeds of all\n                  Advances made pursuant to the Operative Documents shall be\n                  used solely for the acquisition of Land located in the United\n                  States or Canada (or the ground lease thereof) and the\n                  construction of Improvements thereon pursuant to the\n                  Construction Agency Agreement which shall be leased (upon\n                  completion, in the case of Improvements constructed thereon\n                  by the Construction Agent) by the Lessor to the Lessee\n                  pursuant to the Lease, which Improvements shall be\n                  constructed as a Facility on such Land; provided that the\n                  total amount of Advances expended for the acquisition (or\n                  ground lease) and construction of Properties to be used as\n                  Support Facilities shall not exceed twenty percent (20%) of\n                  the Total Commitments.'\n\n                  4.       Amendment to Section 7.1 of the Participation \n         Agreement. Section 7.1 of the Participation Agreement is hereby amended\n         by deleting the preamble thereof and subsections (d) and (m) thereof\n         and substituting the following in lieu thereof:\n\n                           'SECTION 7.1. Conditions Precedent -- Documentation.\n                  The obligation of the Lessor to acquire a Property or to\n                  enter into the Ground Lease with respect to a Property on a\n                  Property Closing Date, to make the initial Advance in respect\n                  of such Property on the initial Funding Date with respect to\n                  such Property, and to make any related Lessor Investment\n                  Amount available on such Funding Date, the right and\n                  obligation of the Facility Lender to make any Loans to Lessor\n                  on such Funding Date to fund such Advances and the obligation\n                  of the Lenders to make Direct Funding Loans under the\n                  Liquidity Agreement, are subject to satisfaction of the\n                  following conditions precedent and to the conditions\n                  precedent set forth in Section 7.2:'\n\n\n\n                                       3\n\n\n                  and\n\n                           '(d) on or prior to the Property Closing Date for\n                  the related Property, the Lessor shall have received (x) a\n                  deed (a 'Deed') (in form and substance appropriate for\n                  recording with the applicable Governmental Authorities), with\n                  respect to such Property (and all Improvements located\n                  thereon) being purchased, on such Property Closing Date,\n                  conveying fee simple title to such Property to the Lessor,\n                  subject only to Permitted Exceptions or (y) in the case of\n                  the Property subject to the Ground Lease, a copy of the\n                  Ground Lease and a Memorandum thereof (in each case, in form\n                  and substance satisfactory to the Lessor and the Agent and,\n                  in the case of the Memorandum, in form and substance\n                  satisfactory for recording), conveying leasehold title to the\n                  such Property to the Lessor, in either case, subject only to\n                  Permitted Exceptions;'\n\n                  and\n\n                           '(m) on or prior to the Property Closing Date for\n                  the related Property, the Agent Bank shall have received\n                  evidence satisfactory to it that each of the Deed (or in the\n                  case of the Property subject to the Ground Lease, the\n                  Memorandum thereof), the Memorandum of Lease, the Supplement\n                  to the Assignment of Leases, the Consent to the Assignment,\n                  the Mortgage, the Supplement to Master Assignment and the\n                  consent to Master Assignment delivered on any Property\n                  Closing Date shall have been or are being recorded with the\n                  appropriate Governmental Authorities in the order in which\n                  such documents are listed in this clause, and the UCC\n                  Financing Statements with respect to the Property being\n                  acquired or leased shall have been or are being filed with\n                  the appropriate Governmental Authorities, and that all of the\n                  recording fees, filing fees, transfer taxes and recording\n                  taxes with respect to the foregoing have been paid; and'\n\n                  5.       Amendment to Section 9.3 of the Participation \n         Agreement. Section 9.3 of the Participation Agreement is hereby\n         amended by deleting subsections (b) and (c) thereof in their entirety\n         and substituting the following in lieu thereof:\n\n                           '(b) Property. The Property then being acquired or,\n                  in the case of the Property subject to the Ground Lease,\n                  leased, consists of (i) Land on which Facilities will be\n                  constructed pursuant to the Construction Agency Agreement,\n                  and (ii) existing Improvements on such Land. Such Property is\n                  located in the continental United States or Canada.\n                           (c) Title. Upon (x) the acquisition by purchase of\n                  such Property on such Property Closing Date, the Lessor will\n                  have good and marketable title to such Property in fee simple\n                  and (y) in the case of the Property subject to the Ground\n                  Lease, upon leasing the Property pursuant to the Ground\n                  Lease, the Lessor shall \n\n\n\n                                       4\n\n\n                  have good and marketable leasehold title to such Property, in\n                  either case, subject only to Permitted Exceptions. The Lessor\n                  will at all times have good and marketable title to all\n                  Improvements located on such Property, subject only to\n                  Permitted Liens.'\n\n                  B.       Appendix I to Operative Documents. Appendix I to the\nOperative Documents is hereby amended as follows:\n\n                  (1)      By adding the following definition of Ground Lease\n         in correct alphabetical order:\n\n                           'Ground Lease' shall mean that certain Ground Lease,\n                  dated as of April __, 1998, by and among Lessee, as ground\n                  lessor, and Lessor, as ground lessee with respect to the\n                  Property described therein.'\n\n                  (2)      By deleting the definitions of 'Operative \n         Documents', 'Property' and 'Property Closing Date' in their entirety\n         and substituting the following in lieu thereof:\n\n                  'Operative Documents' means the following:\n\n\n\n                        \n                  (a)      the Issuing and Paying Agency Agreement;\n                  (b)      the Participation Agreement;\n                  (c)      the Loan Agreement;\n                  (d)      the Notes;\n                  (e)      the Lease and each Lease Supplement;\n                  (f)      the Assignment of Leases and each Supplement to the \n                           Assignment of Lease;\n                  (g)      each Consent to Assignment;\n                  (h)      the Guaranty;\n                  (i)      the Mortgages;\n                  (j)      the Financing Statements;\n                  (k)      the Construction Agency Agreement and each Construction \n                           Agency Agreement Supplement;\n                  (l)      the Construction Agency Agreement Assignment;\n                  (m)      the Consent to Construction Agency Agreement Assignment;\n                  (n)      the Funding Requests;\n                  (o)      the Acquisition Requests;\n                  (p)      the Liquidity Agreement;\n                  (q)      the Liquidity Notes;\n                  (r)      the Commercial Paper Notes;\n                  (s)      the Master Assignment and each Supplement to Master \n                           Assignment;\n                  (t)      each Consent to Master Assignment;\n\n\n\n\n                                       5\n\n\n\n\n                        \n                  (u)      the Construction Documents;\n                  (v)      the Security Agreement;\n                  (w)      each other Commercial Paper Document;\n                  (x)      the Ground Lease; and\n                  (y)      the Fee Letter.\n\n\n                           'Property' means (i) as of the relevant Property\n                  Closing Date, a parcel of Land (including all Appurtenant\n                  Rights attached thereto) acquired, or the rights in a parcel\n                  of land leased, by the Lessor pursuant to the provisions of\n                  the Participation Agreement and all of the Improvements then\n                  located on or under the related Land, and (ii) as of the\n                  Completion Date, the Land and Improvements described in\n                  clause (i) together with any Improvements constructed thereon\n                  in accordance with the Construction Agency Agreement, or\n                  thereafter constructed thereon.\n\n                           'Property Closing Date' means each date on which the\n                  Lessor purchases any Property or enters into the Ground Lease\n                  with respect to any Property.\n\n                  C.       Lease.\n\n                  The Lease is hereby amended as follows:\n\n                  1.       Amendments to Section 2.2 of the Lease. Section 2.2\n         of the Lease is hereby amended by deleting such Section in its\n         entirety and substituting the following in lieu thereof:\n\n                           '2.2. Acceptance Procedure. Lessor hereby authorizes\n                  one or more employees of Lessee, to be designated by Lessor\n                  as the authorized representative or representatives of Lessor\n                  (such designation to be evidenced by delivery of a power of\n                  attorney pursuant to Section 3.5 of the Participation\n                  Agreement) to accept delivery of the Deed to each Property to\n                  be subject to the hereto on the Property Closing Date for\n                  such Property (other than the Property subject to the Ground\n                  Lease) and to execute such other agreements, easements and\n                  other documents in connection therewith. Lessor and Lessee\n                  hereby agree that such acceptance of delivery of such Deed\n                  (other than the Property subject to the Ground Lease), and\n                  the execution and delivery by Lessee on each Property Closing\n                  Date for a Property to be subject hereto of a Lease\n                  Supplement in the form of Exhibit A attached hereto and made\n                  a part hereof by this reference (appropriately completed)\n                  shall, without further act, constitute the irrevocable\n                  acceptance by Lessee of that Property which is the subject\n                  thereof for all purposes of this Lease and the other\n                  Operative Documents on the terms set forth therein and\n                  herein, and that such Property, together with any\n                  Improvements then existing\n\n\n\n                                       6\n\n\n                  thereon shall be deemed to be included in the leasehold\n                  estate of this Lease as of such Property Closing Date and any\n                  Improvements constructed thereon pursuant to the Construction\n                  Agency Agreement and this Lease shall be deemed to be\n                  included in the leasehold estate of this Lease as of the\n                  Completion Date at which time Lessee shall execute and\n                  deliver to Lessor a Lease Supplement with respect to such\n                  Improvements (appropriately completed).'\n\n         2.       Amendments to Section 3.1 of the Lease. Section 3.1 of the \nLease is hereby amended by adding the following subsection after subsection\n(c):\n\n                  '(d) During the Term, Lessee shall pay to Lessor, as rent for\n         the sublease by Lessor to Lessee of its leasehold interest in the Land\n         under the Ground Lease, an amount equal to the amount payable by\n         Lessor to Lessee as ground rent under Section 3 of the Ground Lease.\n         The amount payable by the Lessee under this Section 3.1(d) shall be\n         due on each date on which ground rent is due from Lessor under Section\n         3 of the Ground Lease, and shall automatically be offset against the\n         amount due under such Section 3 of the Ground Lease on each date on\n         which such amount is due.'\n\n         SECTION IV. Forms of Documents. Notwithstanding any provision of the\nOperative Documents to the contrary, the parties hereto hereby agree that, with\nrespect to the Property subject to the Ground Lease, the forms of the following\nOperative Documents attached hereto as the respective exhibits referenced below\nshall be executed and delivered by the Lessee and the Participants in\nsatisfaction of the conditions of the Operative Documents:\n\n                  Supplement to Master Assignment - Exhibit B \n                  Supplement to Construction Agency Agreement - Exhibit C\n                  Supplement to Assignment of Leases - Exhibit D \n                  Special Power of Attorney - Exhibit E \n                  Lease Supplement - Exhibit F \n                  Lessee's Consent - Exhibit G\n                  Mortgage - Exhibit H \n                  Consent to Master Assignment - Exhibit I \n                  Memorandum of Lease - Exhibit J \n                  Ground Lease - Exhibit K\n                  Memorandum of Ground Lease - Exhibit L \n                  Acquisition Request - Exhibit M \n                  Property Closing Certificate - Exhibit N\n\n         SECTION V. Conditions of Effectiveness. This Agreement shall become\neffective as of the date first above written (the 'Effective Date') when this\nAgreement shall have been executed and delivered by each of the Guarantor, the\nLessee, the Facility Lender, the Lessor, the Agent Bank and the Requited\nLenders.\n\n\n\n                                       7\n\n\n         SECTION VI. No Waiver, Etc. Lessee and Guarantor each hereby agrees\nthat nothing herein shall constitute a waiver by the Participants of any Lease\nDefault or Lease Event of Default, whether known or unknown, which may exist\nunder the Lease. Lessee and Guarantor each hereby further agrees that no\naction, inaction or agreement by the Participants, including without\nlimitation, any indulgence, waiver, consent or agreement altering the\nprovisions of the Operative Documents which may have occurred with respect to\nthe non-payment of any obligation under the terms of the Operative Documents or\nany portion thereof, or any other matter relating to the Operative Documents,\nshall require or imply any future indulgence, waiver, or agreement by the\nParticipants.\n\n         SECTION VII. Ratification of Operative Documents. Except as expressly\namended herein, all terms, covenants and conditions of the Participation\nAgreement and the other Operative Documents shall remain in full force and\neffect, and the parties hereto do expressly ratify and confirm the Operative\nDocuments as amended herein. All future references to the Operative Documents\nshall be deemed to refer to the Operative Documents as amended hereby.\n\n         SECTION VIII. Binding Nature. This Agreement shall be binding upon and\ninure to the benefit of the parties hereto, their respective heirs, successors,\nsuccessors-in-title, and assigns.\n\n         SECTION IX. Governing Law. This Agreement shall be governed by, and\nconstrued in accordance with, the laws of the State of Georgia.\n\n         SECTION X. Entire Understanding. This Agreement sets forth the entire\nunderstanding of the parties with respect to the matters set forth herein, and\nshall supersede any prior negotiations or agreements, whether written or oral,\nwith respect thereto.\n\n         SECTION XI. Counterparts. This Agreement may be executed in any number\nof counterparts and by different parties hereto in separate counterparts and\nmay be delivered by telecopier. Each counterpart so executed and delivered\nshall be deemed an original and all of which taken together shall constitute\nbut one and the same instrument.\n\n                      [Signatures Set Forth on Next Page]\n\n\n\n                                       8\n\n\n\n         IN WITNESS WHEREOF, the parties hereto have executed this Agreement\nthrough their authorized officers as of the date first above written.\n\n\n                                    HOME DEPOT U.S.A., INC.\n\n                                    By: \/s\/ Carol B. Tome\n                                       ----------------------------------------\n                                              Title: Vice President &amp; Treasurer\n\n                                    Attest: \/s\/ Larry Menter\n                                           ------------------------------------\n                                               Assistant Secretary\n\n\n\n                                    THE HOME DEPOT, INC.\n\n\n                                    By: \/s\/ Marshall Day\n                                       ----------------------------------------\n                                               Title: Sr. Vice President &amp; Chief Financial Officer\n\n                                    Attest: \/s\/ Carol B. Tome\n                                           ------------------------------------\n                                               Vice President &amp; Treasurer\n\n\n                                    HD REAL ESTATE FUNDING CORP.\n\n\n                                    By: \/s\/ Dolores A. Briton\n                                       ----------------------------------------\n                                               Title: Vice President\n\n                                    Attest: \/s\/ Jacey L. Wilson\n                                           ------------------------------------\n                                               Title: Secretary\n\n\n\n                                       9\n\n\n\n\n                             CREDIT SUISSE LEASING 92A, L.P., A\n                             DELAWARE LIMITED PARTNERSHIP\n\n                             BY: CREDIT SUISSE FIRST BOSTON, ITS\n                                     GENERAL PARTNER\n\n\n                             By: \/s\/ Carl Wheatherley-White\n                                ---------------------------------------\n                                        Title: Associate\n\n\n                             By: \/s\/ Richard O'Day          \n                                ---------------------------------------\n                                        Title: Associate\n\n\n                             CREDIT SUISSE FIRST BOSTON, AS AGENT BANK\n\n\n                             By: \/s\/ Robert M. Finney\n                                ---------------------------------------\n                                        Title: Managing Director\n\n\n                             By: \/s\/ Julie P. Kingsbury     \n                                ---------------------------------------\n                                        Title: Assistant Vice President\n\n\n\n\n                                      10\n                                  CREDIT SUISSE FIRST BOSTON,\n                                  as Lender\n\n\n                                  By \/s\/ Robert M. Finney    \n                                     ------------------------------------\n                                     Name:   Robert M. Finney\n                                     Title:  Managing Director\n\n\n                                  By: \/s\/ Julia F. Kingsbury         \n                                      -----------------------------------\n                                      Name:   Julia F. Kingsbury\n                                      Title:  Assistant Vice President\n\n\n                                  DEUTCHE BANK AG, NEW YORK AND\/OR\n                                  CAYMAN ISLANDS BRANCH,\n                                  as Document Agent\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  NATIONSBANK, N.A. (SOUTH),\n                                  as Lender\n\n                                  By: \/s\/ Kathryn W. Robinson                 \n                                      -----------------------------------\n                                      Name:   Kathryn W. Robinson\n                                      Title:  Senior Vice President\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n                                  SUNTRUST BANK, ATLANTA,\n                                  as Lender\n\n                                  By: \/s\/  Christopher Deisley                \n                                      -----------------------------------\n                                      Name:   Christopher Deisley\n                                      Title:  First Vice President\n\n\n\n\n\n                                  By: \/s\/  Jeffrey L. Seavey         \n                                      -----------------------------------\n                                      Name:   Jeffrey L. Seavey\n                                      Title:  Vice President\n                                  TORONTO DOMINION (TEXAS), INC.,\n                                  as Lender\n\n                                  By: \/s\/  Debbie A. Greene          \n                                      -----------------------------------\n                                      Name:   Debbie A. Greene\n                                      Title:  Vice President\n\n\n                                  By: \/s\/  Jimmy Simien                       \n                                      -----------------------------------\n                                      Name:   Jimmy Simien\n                                      Title:  Vice President\n\n\n                                  UNION BANK OF SWITZERLAND,\n                                  as Lender\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  By:                                \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  BANK OF AMERICA NT&amp;SA,\n                                  as Lender\n\n                                  By: \/s\/  Michelle Kacergis         \n                                      -----------------------------------\n                                      Name:   Michelle Kacergis\n                                      Title:  Managing Director\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n\n\n\n                                  THE BANK OF NEW YORK,\n                                  as Lender\n\n                                  By: \/s\/  Paula Regan                        \n                                      -----------------------------------\n                                      Name:   Paula Regan\n                                      Title:  Vice President\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  THE FIRST NATIONAL BANK OF CHICAGO,\n                                  as Lender\n\n                                  By: \/s\/  Dianne M. Stark                    \n                                      -----------------------------------\n                                      Name:   Dianne M. Stark\n                                      Title:  Vice President\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  FIRST UNION NATIONAL BANK OF       \n                                  GEORGIA, as Lender\n\n                                  By: \/s\/  Daniel L. Evans           \n                                      -----------------------------------\n                                      Name:   Daniel L. Evans\n                                      Title:  Senior Vice President\n\n\n                                  By: \/s\/  Jim Ulmer                          \n                                      -----------------------------------\n                                      Name:   Jim Ulmer\n                                      Title:  Vice President\n\n\n                                  MORGAN GUARANTY TRUST CO. OF NEW   \n                                  YORK, as Lender\n\n                                  By:\/s\/   John M. Mikolay           \n                                     -----------------------------------\n                                     Name:   John M. Mikolay\n                                     Title:  Vice President\n\n\n\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title\n\n\n                                  WACHOVIA BANK OF GEORGIA,\n                                  as Lender\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  CANADIAN IMPERIAL BANK OF COMMERCE,\n                                  as Lender\n\n                                  By: \/s\/   Roger Colden                      \n                                      -----------------------------------\n                                      Name:   Roger Colden\n                                      Title:  Executive Director\n                                              CIBC Oppenheimer Corp.\n                                              As AGENT\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  THE CHASE MANHATTAN BANK,\n                                  as Lender\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n\n\n\n                                  THE BANK OF NOVA SCOTIA,\n                                  as Lender\n\n                                  By: \/s\/  William E. Zegreti                 \n                                      -----------------------------------\n                                      Name:   William E. Zegreti\n                                      Title:  Senior Relationship Manager\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n                                  ABN AMRO BANK N.V.,\n                                  as Lender\n\n                                  By: \/s\/  Larry K. Kelley           \n                                      -----------------------------------\n                                      Name:   Larry K. Kelley\n                                      Title:  Group Vice President\n\n\n                                  By: \/s\/  Steven B. Farley          \n                                      -----------------------------------\n                                      Name:   Steven B. Farley\n                                      Title:  Vice President\n\n                                  NORTHWEST BANK MINNESOTA,\n                                  NATIONAL ASSOCIATION,\n                                  as Lender\n\n                                  By: \/s\/  Ann C. Pifer                       \n                                      -----------------------------------\n                                      Name:   Ann C Pifer\n                                      Title:  Vice President\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n                                  CRESTAR BANK,\n                                  as Lender\n\n                                  By:\/s\/ Keith A. Hubbard            \n                                     -----------------------------------\n                                     Name:   Keith A. Hubbard\n                                     Title:  Senior Vice President\n\n\n\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title:\n\n\n\n                                  BANKBOSTON, N.A.,\n                                  as Lender\n\n                                  By: \/s\/   Peter L. Griswold\n                                      -----------------------------------\n                                      Name:   Peter L. Griswold\n                                      Title:  Director\n\n\n                                  By:        \n                                      -----------------------------------\n                                      Name:\n                                      Title\n\n\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7234,7786],"corporate_contracts_industries":[9493,9418],"corporate_contracts_types":[9560,9567],"class_list":["post-41153","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-credit-suisse-first-boston-inc","corporate_contracts_companies-home-depot-inc","corporate_contracts_industries-retail__building","corporate_contracts_industries-financial__securities","corporate_contracts_types-finance","corporate_contracts_types-finance__loan"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41153","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41153"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41153"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41153"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41153"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}