Debt Financings

HOVNANIAN ENTERPRISES INC amended revolving credit of up to $125.0 million with Wilmington Trust, National Association at term SOFR rate (subject to a floor of 3.00%) plus an applicable margin of 4.50% maturing June 30, 2026.

“the Company, the other guarantors party thereto, Wilmington Trust, National Association, as administrative agent, and the lenders party thereto, which provides for up to $125.0 million in aggregate amount of senior secured first lien revolving loans (the “Revolving Credit Facility”). Upon effectiveness, the Third Amendment will (i) extend the final scheduled”

HOVNANIAN ENTERPRISES INC incurred senior notes of $430,000,000 aggregate principal amount with Angelo, Gordon & Co., L.P. and Apollo Capital Management, L.P. at 11.75% per annum maturing September 30, 2029.

“and sell to the Specified Persons, in a private placement, $225,000,000 aggregate principal amount of 8.0% Senior Secured 1.125 Lien Notes due 2028 (the “New 2028 Notes”) and $430,000,000 aggregate principal amount of 11.75% Senior Secured 1.25 Lien Notes due 2029 (the “New 2029 Notes” and, together with the New 2028 Notes, the “New Secured Notes”). The issuance”

HOVNANIAN ENTERPRISES INC incurred senior notes of $225,000,000 aggregate principal amount with Angelo, Gordon & Co., L.P. and Apollo Capital Management, L.P. at 8.0% per annum maturing September 30, 2028.

“pursuant to which K. Hovnanian will issue and sell to the Specified Persons, in a private placement, $225,000,000 aggregate principal amount of 8.0% Senior Secured 1.125 Lien Notes due 2028 (the "New 2028 Notes")”

PHP Ventures Acquisition Corp. incurred loan of up to an aggregate principal amount of $1,500,000 with Global Link Investment LLC at bears no interest maturing due and payable upon the earlier to occur of (a) the closing of an Initial Business Combination or (b) the liquidation of the Company.

“On September 24, 2023, PHP Ventures Acquisition Corp. (the “Company”) issued an unsecured promissory note (the “Note”) pursuant to which the Company may borrow up to an aggregate principal amount of $1,500,000 to Global Link Investment LLC (the “Lender”).”

Concentrix Corp incurred loan of €700,000,000 with certain Sellers at two percent (2%) per annum maturing September 25, 2025.

“Concentrix issued a promissory note in the aggregate principal amount of €700,000,000 (the “Sellers’ Note”) to certain Sellers (each, a “Noteholder”).”

Meridian Corp incurred senior notes of aggregate of $9,740,000 of fixed rate subordinated notes with accredited investors at fixed annual rate of 8.00%, payable semi-annually in arrears maturing September 22, 2033.

“On September 22, 2023, Meridian Corporation (the “Company”) entered into a Subordinated Note Purchase Agreement (the “Agreement”) with accredited investors under which the Company issued an aggregate of $9,740,000 of fixed rate subordinated notes due September 22, 2033 (the “Subordinated Notes”) in a private placement.”

US Foods Holding Corp. incurred senior notes of $500 million aggregate principal amount of its 6.875% Senior Notes due 2028 and $500 million aggregate principal amount with Wilmington Trust, National Association (as trustee) at 6.875% per year for 2028 Notes and 7.250% per year for 2032 Notes maturing 2028 Notes mature on September 15, 2028; 2032 Notes mature on September 15, 2032.

“On September 25, 2023, US Foods Holding Corp. (“US Foods,” “we,” “our,” or “us”) completed its previously announced private offering (the “Offering”) of $500 million aggregate principal amount of its 6.875% Senior Notes due 2028 and $500 million aggregate principal amount of its 7.250% Senior Notes due 2032”

ZUORA INC incurred convertible notes of $150 million in aggregate principal amount with Silver Lake Alpine II, L.P. (and/or its designated affiliates) at 3.95%/5.50% convertible senior PIK toggle maturing 2029.

“On September 22, 2023, Zuora, Inc. (“ Zuora ”) completed the sale of $150 million in aggregate principal amount of its 3.95%/5.50% convertible senior PIK toggle notes due 2029”

NSTAR ELECTRIC CO incurred senior notes of $150,000,000 aggregate principal amount with BofA Securities, Inc., Goldman Sachs & Co. LLC, PNC Capital Markets LLC, RBC Capital Markets, LLC and TD Securities (USA) LLC at 5.60% maturing October 1, 2028.

“On September 25, 2023, NSTAR Electric Company, doing business as Eversource Energy (“NSTAR Electric”), issued $150,000,000 aggregate principal amount of its 5.60% Debentures due 2028 (“Debentures”)”

DIAMOND OFFSHORE DRILLING, INC. incurred senior notes of $550 million with HSBC Bank USA, National Association at 8.500% maturing October 1, 2030.

“issued $550 million aggregate principal amount of 8.500% Senior Secured Second Lien Notes due 2030”

BORGWARNER INC amended revolving credit of up to $2.0 billion with Bank of America, N.A., as administrative agent at varying rates based upon (i) the type of borrowing under the Credit Facility and maturing September 22, 2028.

“On September 22, 2023, BorgWarner Inc. (the “Company”) entered into a Fifth Amended and Restated Credit Agreement (the “Credit Agreement”) with Bank of America, N.A., as administrative agent, and other lenders under which the lenders committed to provide loans under an unsecured revolving credit facility (the “Credit Facility”) in an initial maximum principal amount of up to $2.0 billion.”

FARADAY FUTURE INTELLIGENT ELECTRIC INC. incurred convertible notes of aggregate principal amount of up to $20,000,000 with FF Simplicity Ventures LLC, an affiliate of FF Vitality Ventures LLC ("FFVV").

“(collectively, the “Unsecured SPA Purchasers”) pursuant to which FFVV agreed to purchase unsecured convertible senior promissory notes in an aggregate principal amount of up to $20,000,000 (collectively, the “New Notes”) subject to terms substantially identical to those provided in the FFVV Joinder (including, without limitation, the funding date timeline).”

T3 Defense Inc. incurred loan of $32,300 with Nukkleus, Inc. at does not bear interest maturing upon closing of the Company’s initial business combination.

“On September 22, 2023, Brilliant Acquisition Corporation (the “Company” or “Brilliant”) issued an unsecured promissory note in the aggregate principal amount of $32,300 (the “Note”), to Nukkleus, Inc.”

Nikola Corp incurred convertible notes of $40,000,000 in aggregate principal amount of series A-2 senior convertible notes with an investor at not specified maturing September 22, 2024.

“On September 22, 2023, Nikola Corporation (the “Company”) expects to consummate the sale of $40,000,000 in aggregate principal amount of series A-2 senior convertible notes (the “Notes”) to an investor (the “Offering”) party to that certain Securities Purchase Agreement, dated as of August 21, 2023 (the “Purchase Agreement”), which covers the sale of up to $325,000,000 in aggregate principal amount of senior convertible notes, in a registered direct offering.”

SKYX Platforms Corp. incurred term loan of $1.5 million with Farmers & Merchants Bank of Central California at 7.7% maturing September 5, 2026.

“and a $1.5 million term loan (the “term loan”) with Farmers & Merchants Bank of Central California”

SKYX Platforms Corp. incurred revolving credit of $3.0 million with Farmers & Merchants Bank of Central California at The Wall Street Journal Prime Rate, subject to a floor of 7.5% maturing September 5, 2024.

“Belami, Inc. (“Belami”), a wholly-owned subsidiary of SKYX Platforms Corp. (the “Company”), entered into a $3.0 million secured revolving line of credit (the “line of credit”)”

Nukkleus Inc. incurred loan of $270,000 with Emil Assentato at 5.0% per annum maturing September 18, 2026.

“On September 18, 2023, Nukkleus Inc. (the “ Company ”) issued a promissory note (the “ Note ”) in the principal amount of $270,000 to Emil Assentato in consideration of cash proceeds in the amount of $270,000. The Note bears interest of 5.0% per annum and is due and payable on September 18, 2026.”

Appgate, Inc. incurred convertible notes of $1.0 million aggregate principal amount of Additional Convertible Notes with Appgate Funding, LLC at annual rate of 9.50% maturing May 9, 2026, subject to extension to May 9, 2028.

“On September 18, 2023, Legacy Appgate issued and sold to the Purchaser an additional $1.0 million aggregate principal amount of Additional Convertible Notes.”

SOUTH DAKOTA SOYBEAN PROCESSORS LLC incurred credit facility of up to $90 million with CoBank, ACB at variable rate option set daily by CoBank; fixed rate option available maturing semi-annual payments of $4.5 million begin October 20, 2024; borrowing available until August 1, 2024.

“Under the Advance Term Note, we may borrow up to $90 million until August 1, 2024, the proceeds of which are to used to finance our investment in High Plains Partners, LLC.”

SOUTH DAKOTA SOYBEAN PROCESSORS LLC amended revolving credit of $12 million with CoBank, ACB at variable rate option set daily by CoBank; fixed rate option available maturing semi-annual repayments decrease from $2 million to $600,000 starting September 20, 2023; under Restated Revolving Note.

“Under the Restated Revolving Note, the semi-annual repayments on our $12 million loan decrease from $2 million to $600,000 starting on September 20, 2023.”

Novo Integrated Sciences, Inc. incurred loan of $277,777.77 with FirstFire Global Opportunities Fund, L.P. at 12% per annum maturing September 18, 2024.

“On September 18, 2023, Novo Integrated Sciences, Inc. (the “Company”) entered into a securities purchase agreement (the “SPA”) with FirstFire Global Opportunities Fund, L.P., a Delaware limited liability company (the “Holder”), pursuant to which the Company issued an 12% promissory note (the “Note”) with a maturity date of September 18, 2024 (the “Maturity Date”), in the principal sum of $277,777.77 (the “Principal Sum”).”

Greystone Housing Impact Investors LP incurred credit facility with BankUnited, N.A. and Bankers Trust Company.

“the Partnership will repay the Mortgage by the earlier of (a) the maturity date of the Mortgage, (b) the closing date of any sale of the Suites on Paseo property, and (c) September 19, 2024”

Capstone Energy Plus, Inc. incurred senior notes of $3,000,000 with Goldman Sachs Specialty Lending Group, L.P. at SOFR Rate plus 8.75% per annum maturing September 1, 2024.

“the Company issued and the Purchaser purchased for $3,000,000 in cash additional senior secured notes on the Effective Date (the “Additional Notes”). The Additional Notes bear interest at the SOFR Rate plus 8.75% per annum”

AVIS BUDGET GROUP, INC. incurred senior notes of $88.6 million with The Bank of New York Mellon Trust Company, N.A. at 6.66% maturing five years.

“etween ABRCF and The Bank of New York Mellon Trust Company, N.A., as trustee and Series 2023-7 Agent (the “Series 2023-7 Supplement”),”

AVIS BUDGET GROUP, INC. incurred senior notes of $554.4 million with The Bank of New York Mellon Trust Company, N.A. at 6.02% maturing five years.

“issued $700 million of asset-backed securities with a maturity of five years, comprised of $554.4 million aggregate principal amount of Series 2023-8 6.02%, Class A notes”

AVIS BUDGET GROUP, INC. incurred senior notes of $24.5 million with The Bank of New York Mellon Trust Company, N.A. at 7.41% maturing three years.

“etween ABRCF and The Bank of New York Mellon Trust Company, N.A., as trustee and Series 2023-7 Agent (the “Series 2023-7 Supplement”),”

AVIS BUDGET GROUP, INC. incurred senior notes of $38 million with The Bank of New York Mellon Trust Company, N.A. at 6.44% maturing three years.

“etween ABRCF and The Bank of New York Mellon Trust Company, N.A., as trustee and Series 2023-7 Agent (the “Series 2023-7 Supplement”),”

AVIS BUDGET GROUP, INC. incurred senior notes of $237.6 million with The Bank of New York Mellon Trust Company, N.A. at 5.90% maturing three years.

“issued $300 million of asset-backed securities with a maturity of three years, comprised of $237.6 million aggregate principal amount of Series 2023-7 5.90%, Class A notes”

Madison Square Garden Entertainment Corp. amended credit facility of $150,000,000 with JPMorgan Chase Bank, N.A..

“the Revolving Credit Commitments (as defined in the Amended Credit Agreement) were increased by an aggregate amount of $50,000,000 to $150,000,000”

Thunder Power Holdings, Inc. incurred debt of $100,000 with Feutune Light Sponsor LLC at no interest maturing earlier of consummation of business combination or date of expiry of term of Company.

“o the Company’s sponsor, Feutune Light Sponsor LLC (the “ Sponsor ”), to evidence the payments made by the”

AP Acquisition Corp incurred loan of $200,000 each month with AP Sponsor LLC at no fees, payments or other amounts shall be due to Payee maturing June 21, 2024 or such earlier date as determined by the Company’s board of directors the "Extended Date".

“On September 19, 2023, AP Acquisition Corp (the “Company”) issued a promissory note (the “Extension Note”) to AP Sponsor LLC or its registered assigns or successors in interest (the “Payee”), pursuant to which the Payee agreed to deposit into the Company’s trust account established in connection with its initial public offering (the “Trust Account”) $200,000 each month (or a pro rata portion thereof if less than a month) (each a “Deposit”) until the earlier of (i) the date of the extraordinary general meeting held in connection with a shareholder vote to approve a business combination, and (ii) June 21, 2024”

AP Acquisition Corp incurred loan of up to $160,000 with AP Sponsor LLC at no interest maturing promptly after the date on which the Company consummates an initial business combination.

“On September 19, 2023, the Company issued a promissory note (the “Working Capital Loan Note”) in the principal amount of up to $160,000 to the Payee.”

Nauticus Robotics, Inc. incurred term loan of up to an aggregate $20.0 million with ATW Special Situations II LLC at 12.50% per annum maturing the earliest of: (a) the third anniversary of the date of the Term Loan Agreement, (b) 91 days prior to the maturity of the 5% Original Issue Discount Senior Se.

“Impact Fund II, L.P. (“MIF”) and RCB Equities #1, LLC (“RCB”), as lenders (collectively, the “Lenders”). The Term Loan Agreement provides the Company with up to an aggregate $20.0 million of secured term loans (the “Loans”), of which $11.6 million has already been funded and/or deemed issued under the Term Loan Agreement. Any portion of the outstanding principal”

Wheels Up Experience Inc. incurred credit facility of $350.0 million with Delta Air Lines, Inc., CK Wheels LLC, Cox Investment Holdings, Inc. at 10% per annum maturing September 20, 2028.

“the Lenders provided a term loan facility (the “Term Loan”) in the aggregate original principal amount of $350.0 million”

Monroe Capital Income Plus Corp incurred debt of $65,319,000 of Subordinated Notes at do not bear interest maturing September 22, 2033.

“the 2023 Issuer also issued $65,319,000 of Subordinated Notes, which do not bear interest (the “Subordinated 2023 Notes””

Monroe Capital Income Plus Corp incurred senior notes of $25,100,000 of Class B Senior Secured Notes with Jefferies LLC at 11.16% maturing September 22, 2033.

“in the 2023 Asset-Backed Securitization consist of $160,750,000 of Class A Senior Secured Notes, which bear an interest at the benchmark plus 3.50% (the “Class A Notes”) and $25,100,000 of Class B Senior Secured Notes, which bear interest at 11.16% (the “Class B Notes” and collectively with “Class A Notes”, the “Secured 2023 Notes”). The 2023 Issuer also issued”

Monroe Capital Income Plus Corp incurred senior notes of $160,750,000 of Class A Senior Secured Notes with Jefferies LLC at benchmark plus 3.50% maturing September 22, 2033.

“certain of the notes to be issued pursuant to an indenture as part of the 2023 Asset-Backed Securitization. The notes offered in the 2023 Asset-Backed Securitization consist of $160,750,000 of Class A Senior Secured Notes, which bear an interest at the benchmark plus 3.50% (the “Class A Notes”) and $25,100,000 of Class B Senior Secured Notes, which bear interest at”

Restaurant Brands International Inc. amended term loan of increases the $5,163 million term loan B facility to a $5,175 million term loan B facility with JPMorgan Chase Bank, N.A. at SOFR plus 225 basis points maturing extends the maturity date from November 19, 2026 to September 21, 2030.

“The 2023 Amendment (1) increases the availability under the senior secured revolving credit facility (the "Revolving Credit Facility") from $1,000 million to $1,250 million and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR , (2) increases the existing $ 1,234 million term loan A facility to a $1,275 million term loan A facility (the "Term Loan A Facility") and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR, (3) increases the $5,163 million term loan B facility to a $5,175 million term loan B facility (the "Term Loan B Facility"), increases the interest rate on the Term Loan B Facility to SOFR plus 225 basis points, and extends the maturity date from November 19, 2026 to September 21, 2030”

Restaurant Brands International Inc. amended term loan of increases the existing $1,234 million term loan A facility to a $1,275 million term loan A facility with JPMorgan Chase Bank, N.A. at leverage-based spread to adjusted SOFR (unchanged) maturing extends the maturity date from December 7, 2026 to September 21, 2028.

“The 2023 Amendment (1) increases the availability under the senior secured revolving credit facility (the "Revolving Credit Facility") from $1,000 million to $1,250 million and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR , (2) increases the existing $ 1,234 million term loan A facility to a $1,275 million term loan A facility (the "Term Loan A Facility") and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR, (3) increases the $5,163 million term loan B facility to a $5,175 million term loan B facility (the "Term Loan B Facility"), increases the interest rate on the Term Loan B Facility to SOFR plus 225 basis points, and extends the maturity date from November 19, 2026 to September 21, 2030”

Restaurant Brands International Inc. amended credit facility of increases the availability under the senior secured revolving credit facility from $1,000 million to $1,250 million with JPMorgan Chase Bank, N.A. at leverage-based spread to adjusted SOFR (unchanged) maturing extends the maturity date from December 7, 2026 to September 21, 2028.

“The 2023 Amendment (1) increases the availability under the senior secured revolving credit facility (the "Revolving Credit Facility") from $1,000 million to $1,250 million and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR , (2) increases the existing $ 1,234 million term loan A facility to a $1,275 million term loan A facility (the "Term Loan A Facility") and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR, (3) increases the $5,163 million term loan B facility to a $5,175 million term loan B facility (the "Term Loan B Facility"), increases the interest rate on the Term Loan B Facility to SOFR plus 225 basis points, and extends the maturity date from November 19, 2026 to September 21, 2030”

Restaurant Brands International Limited Partnership amended term loan of $5,163 million to $5,175 million with JPMorgan Chase Bank, N.A. at SOFR plus 225 basis points maturing November 19, 2026 to September 21, 2030.

“increases the $5,163 million term loan B facility to a $5,175 million term loan B facility (the "Term Loan B Facility"), increases the interest rate on the Term Loan B Facility to SOFR plus 225 basis points, and extends the maturity date from November 19, 2026 to September 21, 2030”

Restaurant Brands International Limited Partnership amended revolving credit of $1,000 million to $1,250 million with JPMorgan Chase Bank, N.A. at leverage-based spread to adjusted SOFR, unchanged maturing December 7, 2026 to September 21, 2028.

“The 2023 Amendment (1) increases the availability under the senior secured revolving credit facility (the "Revolving Credit Facility") from $1,000 million to $1,250 million and extends the maturity date from December 7, 2026 to September 21, 2028 without changing the leverage-based spread to adjusted SOFR”

Summit Hotel Properties, Inc. incurred credit facility of $200 million with Bank of America, N.A., as administrative agent, and BofA Securities, Inc., as sole lead arranger and sole bookrunner at Daily SOFR or Term SOFR (1-month or 3-month), plus a SOFR adjustment of 0.10%, p maturing September 15, 2027.

“On September 15, 2023, Summit JV MR 1, LLC (the “Borrower”, “we” or “us”), as borrower, Summit Hospitality JV, LP (the “Parent”), as parent, and each subsidiary of the Borrower executing the credit facility documentation as a guarantor, entered into a $200 million credit facility (the “Credit Facility”) with various initial lenders, Bank of America, N.A., as administrative agent, and BofA Securities, Inc., as sole lead arranger and sole bookrunner.”

RETAIL OPPORTUNITY INVESTMENTS CORP incurred senior notes of $350.0 million aggregate principal amount with Computershare Trust Company, N.A., as successor to Wells Fargo at 6.750% per annum maturing October 15, 2028.

“On September 21, 2023, Retail Opportunity Investments Partnership, LP (the “ Issuer ”) closed its previously announced registered underwritten public offering of $350.0 million aggregate principal amount of 6.750% Senior Notes due 2028”

MERCER INTERNATIONAL INC. incurred senior notes of $200.0 million with Computershare Trust Company, N.A. at 12.875% maturing October 1, 2028.

“On September 21, 2023, Mercer International Inc. (the “Company”) and Computershare Trust Company, N.A., as trustee, entered into an indenture (the “Indenture”) with respect to the Company’s issuance of 12.875% senior notes due 2028 in an aggregate principal amount of $200.0 million (the “Notes”).”

Paratek Pharmaceuticals, Inc. amended convertible notes of approximately $165,000,000 with U.S. Bank Trust Company, National Association, as trustee at 4.75%.

“(the “Base Indenture”), governing the Company’s 4.75% Convertible Senior Subordinated Notes due 2024 (the “Notes”) in the aggregate outstanding principal amount of approximately $165,000,000. The First Supplemental Indenture was entered into to provide for a change in the conversion right of the Notes resulting from the Merger. The First Supplemental Indenture”

Paratek Pharmaceuticals, Inc. incurred credit facility of $175.0 million with Oaktree Fund Administration, LLC as administrative agent.

“Parent and Resistance Intermediate, Inc., a Delaware corporation, entered into a credit agreement (the “Credit Agreement”) with Oaktree Fund Administration, LLC as administrative agent (the “Administrative Agent”) and certain lenders party thereto. The Credit Agreement provides for a $175.0 million senior secured first-lien term loan facility (the “Term Loan Facility” and the loans thereunder, the “Term Loan”).”

W. P. Carey Inc. incurred loan of $120.0 million with JPMorgan Chase Bank, N.A. at 14.5%, 10% current pay, 4.5% PIK maturing approximately five years after the date on which the NLOP Mezzanine Loan Agreement is funded.

“mortgage loan (the “ NLOP Mortgage Loan ”) with JPMorgan Chase Bank. N.A., together with its successors and/or permitted assigns (collectively, the “ Lenders ”) and (ii) a $120.0 million mezzanine loan facility with the Lenders (the “ NLOP Mezzanine Loan ” and, together with the NLOP Mortgage Loan, the “ NLOP Financing Arrangements ”). No borrowings under the”

Gardiner Healthcare Acquisitions Corp. amended loan of increased to $2,500,000 with Gardiner Healthcare Holdings, LLC at non-interest bearing maturing December 27, 2023 (or such later extension date permitted by the Certificate of Incorporation).

“On September 18, 2023, Gardiner Healthcare Acquisitions Corp. (the “ Company ”) issued a Fourth Amended and Restated Promissory Note (the “ Promissory Note ”), in the principal amount of up to $2,500,000, to Gardiner Healthcare Holdings, LLC, a Delaware limited liability company (the “ Lender ”), one of the Company’s sponsors. The Promissory Note amends, restates, replaces and supersedes that certain Third Amended and Restated Promissory Note dated December 7, 2022, as amended, in the principal amount of up to $1,500,000, executed by the Company in favor of the Lender (the “ Existing Note ”). Pursuant to the Promissory Note, the Lender and the Company agreed to increase the aggregate principal amount and extend the maturity date of the Existing Note.”

OCA Acquisition Corp. incurred loan of $810,000 outstanding under the Note as of September 20, 2023, with an additional $90,000 draw on that date with OCA Acquisition Holdings LLC at The Note does not bear interest maturing matures upon closing of the Company's initial business combination.

“On September 20, 2023, the board of directors of OCA Acquisition Corp., a Delaware corporation (the “ Company ”), approved a draw of an aggregate of $90,000 (the “ Extension Funds ”) pursuant to the Promissory Note, dated as of January 19, 2023, between the Company and OCA Acquisition Holdings LLC (the “ Note ”), which Extension Funds the Company deposited into the Company’s trust account for its public stockholders on September 20, 2023.”