Exhibit 10.1 FOURTH AMENDMENT TO CREDIT AGREEMENT THIS FOURTH AMENDMENT TO CREDIT AGREEMENT ("Fourth Amendment") is made and entered into as of December 10, 1999, by and among HIGHWOODS PROPERTIES, INC., a Maryland corporation ("Highwoods...Credit Agreement • December 22nd, 1999 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
OF MG-HIW, LLCOperating Agreement • December 20th, 2000 • Highwoods Realty LTD Partnership • Lessors of real property, nec • Delaware
among HIGHWOODS PROPERTIES, INC., HIGHWOODS SERVICES, INC., HIGHWOODS REALTY LIMITED PARTNERSHIP, HIGHWOODS/TENNESSEE HOLDINGS, L.P. AND HIGHWOODS FINANCE, LLC as Borrowers,Credit Agreement • December 20th, 2000 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
OFMaster Agreement • April 28th, 1998 • Highwoods Forsyth L P • Lessors of real property, nec • North Carolina
SECTION I AMENDMENT TO ARTICLE 3Agreement and Plan of Merger • May 4th, 1998 • Highwoods Forsyth L P • Lessors of real property, nec • Missouri
THIS WARRANT AND THE SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE OFFERED, SOLD, TRANSFERRED, HYPOTHECATED OR OTHERWISE ASSIGNED WITHOUT...Highwoods Forsyth L P • March 31st, 1998 • Lessors of real property, nec • North Carolina
HIGHWOODS/FORSYTH LIMITED PARTNERSHIP, ISSUER and HIGHWOODS PROPERTIES, INC., GUARANTOR to FIRST UNION NATIONAL BANK OF NORTH CAROLINA, TRUSTEE INDENTURE ---------------Indenture • December 2nd, 1996 • Highwoods Forsyth L P • Lessors of real property, nec • New York
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT is made and entered into the 21st day of April, 1999, by and between HIGHWOODS/FLORIDA HOLDINGS, L.P., a Delaware limited partnership ("Seller"), and...Purchase and Sale Agreement • May 17th, 1999 • Highwoods Realty LTD Partnership • Lessors of real property, nec • Florida
EMPLOYMENT AGREEMENT AGREEMENT, made and entered into as of the 7th day of October, 1997, by and among Highwoods Properties, Inc., a Maryland corporation, and Highwoods/Forsyth Limited Partnership, of which Highwoods Properties, Inc. is the general...Employment Agreement • March 31st, 1998 • Highwoods Forsyth L P • Lessors of real property, nec • North Carolina
---------------- -------------- --------------- ----------------- ------------------ ------------------ Applicable Applicable Applicable Percentage for Pricing Moody's Third Debt Percentage for Percentage Base Letter of Credit Level S&P Rating Rating...Credit Agreement • March 31st, 1999 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
ARTICLE I DEFINITIONSDeposit Agreement • April 24th, 1998 • Highwoods Forsyth L P • Lessors of real property, nec • North Carolina
AMENDMENT TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HIGHWOODS/FORSYTH LIMITED PARTNERSHIPHighwoods Forsyth L P • April 24th, 1998 • Lessors of real property, nec
EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into as of this 12th day of February, 1997, by and between HIGHWOODS PROPERTIES, INC., a Maryland corporation, (the "Company") and GENE ANDERSON, a resident of Atlanta, Georgia (the "Employee"). W...Employment Agreement • March 10th, 1997 • Highwoods Forsyth L P • Lessors of real property, nec • Georgia
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT is made and entered into the 21st day of April, 1999, by and between HIGHWOODS/FLORIDA HOLDINGS, L.P., a Delaware limited partnership ("Seller"), and...Purchase and Sale Agreement • May 17th, 1999 • Highwoods Realty LTD Partnership • Lessors of real property, nec • Florida
REMARKETING AGREEMENT REMARKETING AGREEMENT, dated as of February 2, 1998 (this "Agreement"), among Highwoods/Forsyth Limited Partnership, a North Carolina limited partnership (the "Operating Partnership"), Highwoods Properties, Inc., a Maryland...Remarketing Agreement • February 2nd, 1998 • Highwoods Forsyth L P • Lessors of real property, nec • New York
CONTRIBUTION AND EXCHANGE AGREEMENT By and Among CENTURY CENTERGROUP, a California general partnership, HIGHWOODS/FORSYTH LIMITED PARTNERSHIP, a North Carolina limited partnershipContribution and Exchange Agreement • January 24th, 1997 • Highwoods Forsyth L P • Lessors of real property, nec • Georgia
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of October 18, 2017 among HIGHWOODS PROPERTIES, INC. and HIGHWOODS REALTY LIMITED PARTNERSHIP, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The...Credit Agreement • October 24th, 2017 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of October 18, 2017, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
FIRST AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 8, 2006 among HIGHWOODS PROPERTIES, INC., HIGHWOODS SERVICES, INC., HIGHWOODS REALTY LIMITED PARTNERSHIP, HIGHWOODS/TENNESSEE HOLDINGS, L.P. and HIGHWOODS FINANCE, LLC as Borrowers, BANK...Credit Agreement • August 11th, 2006 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
This FIRST AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of August 8, 2006, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”), HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”), HIGHWOODS FINANCE, LLC, a Delaware limited liability company (“Highwoods Finance”), HIGHWOODS SERVICES, INC., a North Carolina corporation (“Highwoods Services”), and HIGHWOODS/TENNESSEE HOLDINGS, L.P., a Tennessee limited partnership (“Highwoods Tennessee”) (Highwoods Realty, Highwoods Properties, Highwoods Finance, Highwoods Services, and Highwoods Tennessee are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
HIGHWOODS REALTY LIMITED PARTNERSHIP 7.65% NOTES DUE 2034 UNDERWRITING AGREEMENT November 14, 2023Underwriting Agreement • November 15th, 2023 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
EXECUTIVE SUPPLEMENTAL EMPLOYMENT AGREEMENTExecutive Supplemental Employment Agreement • July 23rd, 2019 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
AGREEMENT by and between HIGHWOODS PROPERTIES, INC., a Maryland corporation (the “Company”), and Brian M. Leary (the “Executive”), dated as of July 19, 2019.
Highwoods Properties, Inc. Common Stock ($.01 par value) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 8th, 2023 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
Highwoods Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through [_] (“[_]”), as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $.01 par value per share (the “Common Stock”), having an aggregate gross sales price of up to $300,000,000 on the terms set forth in Section 2 of this Equity Distribution Agreement (this “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.
SIXTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 18, 2021 among HIGHWOODS PROPERTIES, INC. and HIGHWOODS REALTY LIMITED PARTNERSHIP, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, an L/C Issuer and a Lender, The Other L/C...Credit Agreement • March 19th, 2021 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of March 18, 2021, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer, and the other L/C Issuers party hereto.
TERM LOAN AGREEMENT Dated as of September 28, 2015 amongTerm Loan Agreement • September 30th, 2015 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This TERM LOAN AGREEMENT (“Agreement”) is entered into as of September 28, 2015, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, collectively as Co-Syndication Agents, and BANK OF AMERICA, N.A., as Administrative Agent.
AMENDED AND RESTATED EXECUTIVE SUPPLEMENTAL EMPLOYMENT AGREEMENTExecutive Supplemental Employment Agreement • February 12th, 2013 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
AGREEMENT by and between HIGHWOODS PROPERTIES, INC., a Maryland corporation (the “Company”), and Terry L. Stevens (the “Executive”), dated as of February 12, 2013.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 27th, 2021 • Highwoods Realty LTD Partnership • Lessors of real property, nec • Georgia
This Purchase and Sale Agreement (this “Agreement”) is dated and made as of April 16, 2021 (the “Effective Date”) by and among (i) POP ARMOUR YARDS, LLC, a Delaware limited liability company, and POP 251 ARMOUR YARDS, LLC, a Delaware limited liability company (individually and collectively, “Seller”), having an address at 3284 Northside Parkway, Suite 150, Atlanta, GA 30327, and (ii) HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership with an office at 3100 Smoketree Court, Suite 600, Raleigh, North Carolina 27604 (“Purchaser”).
CREDIT AGREEMENT Dated as of July 29, 2021 among HIGHWOODS PROPERTIES, INC. and HIGHWOODS REALTY LIMITED PARTNERSHIP, as Borrowers, JPMORGAN CHASE BANK, N.A., as Administrative Agent and a Lender, The Other Lenders Party Hereto BANK OF AMERICA, N.A.,...Credit Agreement • July 30th, 2021 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of July 29, 2021, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., PNC BANK, NATIONAL ASSOCIATION, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
THIRD AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 25th, 2024 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of March 18, 2021, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer, and the other L/C Issuers party hereto.
FIRST AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 26th, 2022 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of March 18, 2021, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as Co-Syndication Agents, BANK OF AMERICA, N.A., as Administrative Agent and an L/C Issuer, and the other L/C Issuers party hereto.
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 27, 2011 among HIGHWOODS PROPERTIES, INC., HIGHWOODS SERVICES, INC. and HIGHWOODS REALTY LIMITED PARTNERSHIP, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender...Credit Agreement • July 29th, 2011 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of July 27, 2011, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”), HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) and HIGHWOODS SERVICES, INC., a North Carolina corporation (“Highwoods Services”) (Highwoods Realty, Highwoods Properties and Highwoods Services are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION as Syndication Agent and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
EXECUTIVE SUPPLEMENTAL EMPLOYMENT AGREEMENT AGREEMENT by and between HIGHWOODS PROPERTIES, INC., a Maryland corporation (the "Company"), and _____________ (the "Executive"), dated as of the day of . The Board of Directors of the Company (the "Board"),...Executive Supplemental Employment Agreement • March 31st, 1999 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
EXHIBIT 10.1 AMENDMENT OF FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HIGHWOODS/FORSYTH LIMITED PARTNERSHIP 1. Section 11.2.A shall be deleted in its entirety and a new Section 11.2.A shall be inserted therefor to read as follows:...Highwoods Forsyth L P • August 14th, 1997 • Lessors of real property, nec
HIGHWOODS PROPERTIES, INC. COMMON STOCK, $.01 PAR VALUE UNDERWRITING AGREEMENTUnderwriting Agreement • September 12th, 2008 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
Highwoods Properties, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you are acting as managers (the “Managers”), the number of shares of its Common Stock, $.01 par value, set forth in Schedule I hereto (the “Shares”). The shares of Common Stock, $.01 par value, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.” If the firm or firms listed in Schedule II hereto include only the Managers listed in Schedule I hereto, then the terms “Underwriters” and “Managers” as used herein shall each be deemed to refer to such firm or firms.
FORM OF ATM EQUITY OFFERINGSM SALES AGREEMENTTerms Agreement • February 11th, 2014 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
Highwoods Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (this “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.
EXHIBIT 2 AGREEMENT TO FORM LIMITED LIABILITY COMPANIES AGREEMENT TO FORM LIMITED LIABILITY COMPANIES (this "Agreement"), entered into as of August 9, 2000, by and among MILLER GLOBAL FUND III, L.P., a Colorado limited partnership ("MG III"), MGA...Limited Liability Companies • August 14th, 2000 • Highwoods Realty LTD Partnership • Lessors of real property, nec • North Carolina
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of November 12, 2013 among HIGHWOODS PROPERTIES, INC., and HIGHWOODS REALTY LIMITED PARTNERSHIP, as Borrowers, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and...Credit Agreement • November 13th, 2013 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York
This FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of November [12], 2013, among HIGHWOODS REALTY LIMITED PARTNERSHIP, a North Carolina limited partnership (“Highwoods Realty”) and HIGHWOODS PROPERTIES, INC., a Maryland corporation (“Highwoods Properties”) (Highwoods Realty and Highwoods Properties are hereinafter referred to individually as a “Borrower” and collectively as the “Borrowers”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), WELLS FARGO BANK, NATIONAL ASSOCIATION as Syndication Agent and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
