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Common use of Guarantor Covenants Clause in Contracts

Guarantor Covenants. Each Guarantor shall take such action as the Borrower is required by this Agreement to cause such Guarantor to take, and shall refrain from taking such action as the Borrower is required by this Agreement to prohibit such Guarantor from taking. This Credit Agreement is entered into between us for the uses and purposes hereinabove set forth as of the date first above written. Signature Page Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Bank of Montreal, as L/C Issuer and as Administrative Agent By /s/ Xxxxx Xxxxx Name Xxxxx Xxxxx Title Vice President Bank of Montreal, as a Lender By /s/ Xxxxx Xxxxx Name Xxxxx Xxxxx Title Vice President Capital One, N.A., as a Lender By /s/Xxxxxx Xxxxxx Name Xxxxxx Xxxxxx Title Vice President MidFirst Bank, as a Lender By /s/ Xxxx X. Xxxxxx Name Xxxx X. Xxxxxx Title First Vice President U.S. Bank National Association, as a Lender By /s/ Xxxxxxx Xxxxxxxxxx Name Xxxxxxx Xxxxxxxxxx Title SVP Xxxxx Fargo Bank, National Association, as a Lender By /s/ Xxxx Xxxxxxx Name Xxxx Xxxxxxx Title Vice President Whitestone REIT By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone REIT Operating Partnership III LP By: Whitestone REIT Operating Partnership III GP, LLC Its: General Partner By: Whitestone REIT Operating Partnership, L.P. Its: Sole Member By: Whitestone REIT Its: Sole Member By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Terravita Marketplace, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Ahwatukee Plaza, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Shops At Starwood, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer [Name of Lender] [Address] Attention: Reference is made to the Credit Agreement, dated as of February 27, 2012, among Whitestone REIT Operating Partnership, L.P., the Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Credit Agreement. [The Borrower has failed to pay its Reimbursement Obligation in the amount of $____________. Your Revolver Percentage of the unpaid Reimbursement Obligation is $_____________] or [__________________________ has been required to return a payment by the Borrower of a Reimbursement Obligation in the amount of $_______________. Your Revolver Percentage of the returned Reimbursement Obligation is $_______________.] Very truly yours, Bank of Montreal, as L/C Issuer By Name Title Date: , ____ To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27, 2012 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the Borrowing specified below: 1. The Business Day of the proposed Borrowing is ___________, ____. 2. The aggregate amount of the proposed Borrowing is $______________. 3. The Borrowing is being advanced under the Revolving Credit. 4. The Borrowing is to be comprised of $___________ of [Base Rate] [Eurodollar] Loans. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the date of the proposed Borrowing, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); and (b) no Default or Event of Default has occurred and is continuing or would result from such proposed Borrowing. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27, 2012 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”) among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are from time to time signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the [conversion] [continuation] of the Loans specified herein, that: 1. The conversion/continuation Date is __________, ____. 2. The aggregate amount of the Revolving Loans to be [converted] [continued] is $______________. 3. The Revolving Loans are to be [converted into] [continued as] [Eurodollar] [Base Rate] Loans. 4. [If applicable:] The duration of the Interest Period for the Revolving Loans included in the [conversion] [continuation] shall be _________ months. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the proposed conversion/continuation date, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); provided, however, that this condition shall not apply to the conversion of an outstanding Eurodollar Loan to a Base Rate Loan; and (b) no Default or Event of Default has occurred and is continuing, or would result from such proposed [conversion] [continuation]. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: U.S. $_______________ ____________, 20___ For Value Received, the undersigned, Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), hereby promises to pay to ____________________ (the “Lender”) or its registered assigns on the Revolving Credit Termination Date of the hereinafter defined Credit Agreement, at the principal office of the Administrative Agent in Chicago Illinois (or such other location as the Administrative Agent may designate to the Borrower), in immediately available funds, the principal sum of ___________________ Dollars ($__________) or, if less, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement, together with interest on the principal amount of each Revolving Loan from time to time outstanding hereunder at the rates, and payable in the manner and on the dates, specified in the Credit Agreement. This Note is one of the Revolving Notes referred to in the Credit Agreement dated as of February 27, 2012, among the Borrower, the Guarantors party thereto, the Lenders parties thereto the L/C Issuer and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), and this Note and the holder hereof are entitled to all the benefits and security provided for thereby or referred to therein, to which Credit Agreement reference is hereby made for a statement thereof. All defined terms used in this Note, except terms otherwise defined herein, shall have the same meaning as in the Credit Agreement. This Note shall be governed by and construed in accordance with the internal laws of the State of Illinois. Voluntary prepayments may be made hereon, certain prepayments are required to be made hereon, and this Note may be declared due prior to the expressed maturity hereof, all in the events, on the terms and in the manner as provided for in the Credit Agreement. The Borrower hereby waives demand, presentment, protest or notice of any kind hereunder. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title:

Appears in 2 contracts

Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT Operating Partnership, L.P.)

Guarantor Covenants. Each Guarantor shall take such action as the Borrower is required by this Agreement to cause such Guarantor to take, and shall refrain from taking such action as the Borrower is required by this Agreement to prohibit such Guarantor from taking. This Credit Agreement is entered into between us for the uses and purposes hereinabove set forth as of the date first above written. Signature Page Whitestone REIT Operating Partnership“ Borrower” Lxxxxxx Facility Services LLC By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Chief Financial Officer “Guarantors” Lxxxxxx Holdings LLC By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Chief Financial Officer Lxxxxxx Company LLC By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Chief Financial Officer Hxxxxx Xxxxxxx LLC By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Treasurer Lxxxxxx Company LP By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Chief Financial Officer Hxxxxx Xxxxxxx Construction LLC By /s/ Jxxxx Xxxxxx Name: Jxxxx Xxxxxx Title: Treasurer Wheaton Bank & Trust Company, L.P. By: Whitestone REIT Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Bank of MontrealN.A., as a Lender, as L/C Issuer Issuer, and as Administrative Agent By /s/ Xxxxx Xxxxx Name Xxxxx Xxxxx Title Dxxxx Xxxxxx Name: Dxxxx Xxxxxx Title: VP BANK OF THE WEST, as a Lender By: /s/ Sxxx Xxxxxxxxx Name/Title: Sxxx Xxxxxxxxx, Vice President Bank of MontrealPresident, for: M&T BANK, as a Lender By /s/ Xxxxx Xxxxx Name Xxxxx Xxxxx Title Vice President Capital One, N.A., as a Lender By /s/Xxxxxx Xxxxxx Name Xxxxxx Xxxxxx Title Vice President MidFirst Bank, as a Lender By /s/ Xxxx Rxxxxx X. Xxxxxx Name Xxxx Name: Rxxxxx X. Xxxxxx Title First Vice President U.S. Bank National Association, as a Lender By /s/ Xxxxxxx Xxxxxxxxxx Name Xxxxxxx Xxxxxxxxxx Title SVP Xxxxx Fargo Bank, National Association, as a Lender By /s/ Xxxx Xxxxxxx Name Xxxx Xxxxxxx Title Vice President Whitestone REIT By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone REIT Operating Partnership III LP By: Whitestone REIT Operating Partnership III GP, LLC Its: General Partner By: Whitestone REIT Operating Partnership, L.P. Its: Sole Member By: Whitestone REIT Its: Sole Member By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Terravita Marketplace, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Ahwatukee Plaza, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Shops At Starwood, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer [Name of Lender] [Address] Attention: Reference is made to the Credit Agreement, dated as of February 27, 2012, among Whitestone REIT Operating Partnership, L.P., the Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Credit Agreement. [The Borrower has failed to pay its Reimbursement Obligation in the amount of $____________. Your Revolver Percentage of the unpaid Reimbursement Obligation is $_____________] or [__________________________ has been required to return a payment by the Borrower of a Reimbursement Obligation in the amount of $_______________. Your Revolver Percentage of the returned Reimbursement Obligation is $_______________.] Very truly yours, Bank of Montreal, as L/C Issuer By Name Title Date: , ____ To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27, 2012 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the Borrowing specified below: 1. The Business Day of the proposed Borrowing is ___________, ____. 2. The aggregate amount of the proposed Borrowing is $______________. 3. The Borrowing is being advanced under the Revolving Credit. 4. The Borrowing is to be comprised of $___________ of [Base Rate] [Eurodollar] Loans. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the date of the proposed Borrowing, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); and (b) no Default or Event of Default has occurred and is continuing or would result from such proposed Borrowing. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27, 2012 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”) among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are from time to time signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the [conversion] [continuation] of the Loans specified herein, that: 1. The conversion/continuation Date is __________, ____. 2. The aggregate amount of the Revolving Loans to be [converted] [continued] is $______________. 3. The Revolving Loans are to be [converted into] [continued as] [Eurodollar] [Base Rate] Loans. 4. [If applicable:] The duration of the Interest Period for the Revolving Loans included in the [conversion] [continuation] shall be _________ months. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the proposed conversion/continuation date, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); provided, however, that this condition shall not apply to the conversion of an outstanding Eurodollar Loan to a Base Rate Loan; and (b) no Default or Event of Default has occurred and is continuing, or would result from such proposed [conversion] [continuation]. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: U.S. $_______________ ____________, 20___ For Value Received, the undersigned, Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), hereby promises to pay to ____________________ (the “Lender”) or its registered assigns on the Revolving Credit Termination Date of the hereinafter defined Credit Agreement, at the principal office of the Administrative Agent in Chicago Illinois (or such other location as the Administrative Agent may designate to the Borrower), in immediately available funds, the principal sum of ___________________ Dollars ($__________) or, if less, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement, together with interest on the principal amount of each Revolving Loan from time to time outstanding hereunder at the rates, and payable in the manner and on the dates, specified in the Credit Agreement. This Note is one of the Revolving Notes referred to in the Credit Agreement dated as of February 27, 2012, among the Borrower, the Guarantors party thereto, the Lenders parties thereto the L/C Issuer and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), and this Note and the holder hereof are entitled to all the benefits and security provided for thereby or referred to therein, to which Credit Agreement reference is hereby made for a statement thereof. All defined terms used in this Note, except terms otherwise defined herein, shall have the same meaning as in the Credit Agreement. This Note shall be governed by and construed in accordance with the internal laws of the State of Illinois. Voluntary prepayments may be made hereon, certain prepayments are required to be made hereon, and this Note may be declared due prior to the expressed maturity hereof, all in the events, on the terms and in the manner as provided for in the Credit Agreement. The Borrower hereby waives demand, presentment, protest or notice of any kind hereunder. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title:Vice President

Appears in 1 contract

Samples: Credit Agreement (Limbach Holdings, Inc.)

Guarantor Covenants. Each Guarantor shall take such action as the Borrower is required by this Agreement to cause such Guarantor to take, and shall refrain from taking such action as the Borrower is required by this Agreement to prohibit such Guarantor from taking. [Signature Page Credit Agreement] This Credit Agreement is entered into between us for the uses and purposes hereinabove set forth as of the date first above written. Signature Page “Borrower” Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By /s//s/ John J. Dxx Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Xxhn J. Dxx Xxxxx Xhief Operating Officer “Administrative Agent and L/C Issuer” Bank of Montreal, as L/C Issuer and as Administrative Agent By /s/ Lloyd Barxx Xxxx Xxoyd Barxx Xxxxx Xxxxx Name Xxxxx Xxxxx Title Vice Xice President “Lenders” Bank of Montreal, as a Lender By /s/ Lloyd Barxx Xxxx Xxoyd Barxx Xxxxx Xxxxx Name Xxxxx Xxxxx Title Vice Xice President Capital One, N.A., as a Lender By /s/Xxxxxx Xxxxxx Name Xxxxxx Xxxxxx Title Vice President MidFirst Bank, as a Lender By /s/ Xxxx X. Xxxxxx Name Xxxx X. Xxxxxx Title First Vice President U.S. Bank National Association, as a Lender By /s/ Xxxxxxx Xxxxxxxxxx Name Xxxxxxx Xxxxxxxxxx Title SVP Xxxxx Fargo Bank, National Association, as a Lender By /s/ Xxxx Xxxxxxx Name Xxxx Xxxxxxx Title Vice President “Guarantors” Whitestone REIT By /s//s/ John J. Dxx Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Xxhn J. Dxx Xxxxx Xhief Operating Officer Whitestone REIT Operating Partnership III LP By: Whitestone REIT Operating Partnership III GP, LLC Its: General Partner By: Whitestone REIT Operating Partnership, L.P. Its: Sole Member By: Whitestone REIT Its: Sole Member By /s//s/ John J. Dxx Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Terravita Marketplace, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Ahwatukee Plaza, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Operating Officer Whitestone Shops At Starwood, LLC, a Delaware limited liability company By: Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership Its: Sole Member By: Whitestone REIT, a Maryland real estate investment trust Its: General Partner By /s/Xxxx X. Xxx Name Xxxx X. Xxx Title Corporate Secretary & Chief Xxhn J. Dxx Xxxxx Xhief Operating Officer [Name of Lender] [Address] Attention: Reference is made to the Credit Agreement, dated as of February 27June 13, 20122011, among Whitestone REIT Operating Partnership, L.P., the Guarantors from time to time party thereto, the Lenders from time to time party thereto, and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”). Capitalized terms used herein and not defined herein have the meanings assigned to them in the Credit Agreement. [The Borrower has failed to pay its Reimbursement Obligation in the amount of $____________. Your Revolver Percentage of the unpaid Reimbursement Obligation is $_____________] or [__________________________ has been required to return a payment by the Borrower of a Reimbursement Obligation in the amount of $_______________. Your Revolver Percentage of the returned Reimbursement Obligation is $_______________.] Very truly yours, Bank of Montreal, as L/C Issuer By Name Title Exhibit B Date: , ____ To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27June 13, 2012 2011 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the Borrowing specified below: 1. The Business Day of the proposed Borrowing is ___________, ____. 2. The aggregate amount of the proposed Borrowing is $______________. 3. The Borrowing is being advanced under the Revolving Credit. 4. The Borrowing is to be comprised of $___________ of [Base Rate] [Eurodollar] Loans. [5. The duration of the Interest Period for the Eurodollar Loans included in the Borrowing shall be ____________ months.] The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the date of the proposed Borrowing, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); and (b) no Default or Event of Default has occurred and is continuing or would result from such proposed Borrowing. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: Exhibit C Date: ____________, ____ To: Bank of Montreal, as Administrative Agent for the Lenders from time to time parties to the Credit Agreement dated as of February 27June 13, 2012 2011 (as extended, renewed, amended or restated from time to time, the “Credit Agreement”) among Whitestone REIT Operating Partnership, L.P., certain Guarantors which are from time to time signatories thereto, certain Lenders which are from time to time parties thereto, and Bank of Montreal, as Administrative Agent Ladies and Gentlemen: The undersigned, Whitestone REIT Operating Partnership, L.P. (the “Borrower”), refers to the Credit Agreement, the terms defined therein being used herein as therein defined, and hereby gives you notice irrevocably, pursuant to Section 1.6 of the Credit Agreement, of the [conversion] [continuation] of the Loans specified herein, that: 1. The conversion/continuation Date is __________, ____. 2. The aggregate amount of the Revolving Loans to be [converted] [continued] is $______________. 3. The Revolving Loans are to be [converted into] [continued as] [Eurodollar] [Base Rate] Loans. 4. [If applicable:] The duration of the Interest Period for the Revolving Loans included in the [conversion] [continuation] shall be _________ months. The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the proposed conversion/continuation date, before and after giving effect thereto and to the application of the proceeds therefrom: (a) the representations and warranties of the Borrower contained in Section 6 of the Credit Agreement are true and correct as though made on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such date); provided, however, that this condition shall not apply to the conversion of an outstanding Eurodollar Loan to a Base Rate Loan; and (b) no Default or Event of Default has occurred and is continuing, or would result from such proposed [conversion] [continuation]. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title: Exhibit D Revolving Note U.S. $_______________ ____________June 13, 20___ 2011 For Value Received, the undersigned, Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), hereby promises to pay to ____________________ (the “Lender”) or its registered assigns on the Revolving Credit Termination Date of the hereinafter defined Credit Agreement, at the principal office of the Administrative Agent in Chicago Illinois (or such other location as the Administrative Agent may designate to the Borrower), in immediately available funds, the principal sum of ___________________ Dollars ($__________) or, if less, the aggregate unpaid principal amount of all Revolving Loans made by the Lender to the Borrower pursuant to the Credit Agreement, together with interest on the principal amount of each Revolving Loan from time to time outstanding hereunder at the rates, and payable in the manner and on the dates, specified in the Credit Agreement. This Note is one of the Revolving Notes referred to in the Credit Agreement dated as of February 27June 13, 20122011, among the Borrower, the Guarantors party thereto, the Lenders parties thereto the L/C Issuer and Bank of Montreal, as Administrative Agent (as extended, renewed, amended or restated from time to time, the “Credit Agreement”), and this Note and the holder hereof are entitled to all the benefits and security provided for thereby or referred to therein, to which Credit Agreement reference is hereby made for a statement thereof. All defined terms used in this Note, except terms otherwise defined herein, shall have the same meaning as in the Credit Agreement. This Note shall be governed by and construed in accordance with the internal laws of the State of Illinois. Voluntary prepayments may be made hereon, certain prepayments are required to be made hereon, and this Note may be declared due prior to the expressed maturity hereof, all in the events, on the terms and in the manner as provided for in the Credit Agreement. The Borrower hereby waives demand, presentment, protest or notice of any kind hereunder. Whitestone REIT Operating Partnership, L.P. By: Whitestone REIT Its: General Partner By: Name: Title:: Exhibit E

Appears in 1 contract

Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.)