AMENDMENT NO. 1 TO MANAGEMENT AGREEMENTManagement Agreement • March 30th, 2001 • Belair Capital Fund LLC • Real estate investment trusts
LOAN AND SECURITY AGREEMENT DATED AS OF FEBRUARY 5, 1998 BY AND BETWEEN MERRILL LYNCH INTERNATIONAL BANK LIMITEDLoan and Security Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks • New York
EXHIBIT 4.1(b) AMENDMENT NO. 2 dated as of February 17, 2005 (this "Amendment") to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004 (as the same may be amended, supplemented or...Loan and Security Agreement • May 10th, 2005 • Belair Capital Fund LLC • Real estate investment trusts • New York
BELAIR CAPITAL FUND LLC INVESTOR SERVICING AGREEMENT WHEREAS, Belvedere Capital Fund Company LLC (the "Company") and Belair Capital Fund LLC (the "Fund") are Massachusetts limited liability companies which are conducting separate private offerings of...Servicing Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks • Massachusetts
EXHIBIT 4.2(a) AMENDMENT NO. 1 dated as of March 16, 2004 (this "Amendment") to the LOAN AND SECURITY Agreement dated as of July 15, 2003 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time,...Loan and Security Agreement • May 10th, 2004 • Belair Capital Fund LLC • Real estate investment trusts • New York
EXHIBIT 4.2 LOAN AND SECURITY AGREEMENT DATED AS OF JULY 15, 2003 BY AND AMONG MERRILL LYNCH MORTGAGE CAPITAL, INC., AS AGENT, THE LENDERS REFERRED TO HEREIN, MERRILL LYNCH CAPITAL SERVICES, INC.,Loan and Security Agreement • November 10th, 2003 • Belair Capital Fund LLC • Real estate investment trusts • New York
ARTICLE 1 DEFINITIONSOperating Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks • Massachusetts
AMENDMENT NO. 6 dated as of July 28, 1999 to the Loan and Security Agreement dated as of February 5, 1998 (as heretofore amended, the "Loan Agreement"), by and among MERRILL LYNCH INTERNATIONAL BANK LIMITED (the "Lender"), MERRILL LYNCH CAPITAL...And Security Agreement • March 30th, 2000 • Belair Capital Fund LLC • Real estate investment trusts • New York
Exhibit 4(2) AMENDMENT NO. 7 dated as of June 29, 2000 to the Loan and Security Agreement dated as of February 5, 1998 (as heretofore amended, the "Loan Agreement"), by and among MERRILL LYNCH INTERNATIONAL BANK LIMITED (the "Lender"), MERRILL LYNCH...Belair Capital Fund LLC • March 30th, 2001 • Real estate investment trusts • New York
EXHIBIT 4.1 LOAN AND SECURITY AGREEMENT DATED AS OF JULY 15, 2003 BY AND BETWEEN DRKW HOLDINGS, INC., AS LENDER,Loan and Security Agreement • November 10th, 2003 • Belair Capital Fund LLC • Real estate investment trusts • New York
BELAIR REAL ESTATE CORPORATION MANAGEMENT AGREEMENT AGREEMENT, dated as of November 23, 1998, between Belair Real Estate Corporation, a Delaware corporation ("BREC"), and Boston Management and Research, a Massachusetts business Trust (the "Manager")....Management Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks
BELAIR CAPITAL FUND LLC INVESTMENT ADVISORY AND ADMINISTRATIVE AGREEMENT AGREEMENT, dated as of November 24, 1998, between Belair Capital Fund LLC, a Massachusetts limited liability company (the "Fund"), and Boston Management and Research, a...Investment Advisory and Administrative Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks
ContractLoan and Security Agreement • August 8th, 2008 • Belair Capital Fund LLC • Investors, nec • New York
AMENDMENT NO. 6 dated as of June 13, 2008 (this “Amendment”), to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of February 17, 2005, as further amended by Amendment No. 3 dated as of December 15, 2005, as further amended by Amendment No. 4 dated as of October 10, 2007 and as further amended by Amendment No. 5 dated as of February 14, 2008 (as the same may be amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
CUSTODY AND TRANSFER AGENCY AGREEMENTCustody and Transfer Agency Agreement • April 23rd, 1999 • Belair Capital Fund LLC • Blank checks • Massachusetts
ContractLoan and Security Agreement • June 28th, 2007 • Belair Capital Fund LLC • Investors, nec • New York
AMENDMENT NO. 5 dated as of December 1, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, Amendment No. 2 dated as of August 3, 2004, Waiver and Amendment No. 3 dated as of September 8, 2004 and Amendment No. 4 dated as of June 30, 2006 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”), and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
ContractLoan and Security Agreement • February 29th, 2008 • Belair Capital Fund LLC • Investors, nec • New York
AMENDMENT NO. 5 dated as of February 14, 2008 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of February 17, 2005, as further amended by Amendment No. 3 dated as of December 15, 2005 and as further amended by Amendment No. 4 dated as of October 10, 2007 (as the same may be amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
AMENDMENT NO. 1 TO INVESTMENT ADVISORY AND ADMINISTRATIVE AGREEMENT THIS AMENDMENT NO. 1, dated as of January 2, 2001, to the Investment Advisory and Administrative Agreement dated as of February 6, 1998 (the "Agreement"), is made between the parties...Belair Capital Fund LLC • November 14th, 2001 • Real estate investment trusts
ContractLoan and Security Agreement • August 9th, 2006 • Belair Capital Fund LLC • Real estate investment trusts • New York
AMENDMENT NO. 4 dated as of June 30, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, amended by Amendment No. 1 dated March 16, 2004, Amendment No. 2 dated August 3, 2004 and Waiver and Amendment No. 3 dated September 8, 2004 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).
BELAIR REAL ESTATE CORP. AMENDMENT NO. 2 to MANAGEMENT AGREEMENTManagement Agreement • June 28th, 2007 • Belair Capital Fund LLC • Investors, nec
THIS AMENDMENT NO. 2, dated as of May 29, 2007, to the Management Agreement dated as of November 23, 1998 (the “Agreement”), is made between the parties to the Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Agreement. This Amendment supersedes Amendment No.1 to the Agreement.
ContractLoan and Security Agreement • March 15th, 2006 • Belair Capital Fund LLC • Real estate investment trusts • New York
AMENDMENT NO. 3 dated as of December 15, 2005 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004 and as further amended by Amendment No. 2 dated as of February 17, 2005 (as the same may be amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRKW HOLDINGS, INC., a Delaware corporation, as lender (the “Lender”).
Exhibit 3(a) AMENDMENT NO. 2 TO THE AMENDED AND RESTATED OPERATING AGREEMENT OF BELAIR CAPITAL FUND LLC AMENDMENT No. 2 dated as of December 30, 2003, by Eaton Vance Management, a Massachusetts business trust, as manager (the "Manager") of Belair...Belair Capital Fund LLC • March 15th, 2004 • Real estate investment trusts
ContractLoan and Security Agreement • February 29th, 2008 • Belair Capital Fund LLC • Investors, nec • New York
AMENDMENT NO. 4 dated as of October 10, 2007 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, as amended by Amendment No. 1 dated as of March 16, 2004, as further amended by Amendment No. 2 dated as of February 17, 2005, as further amended by Amendment No. 3 dated as of December 15, 2005 (as the same may be amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and between BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”) and DRESDNER KLEINWORT HOLDINGS I, INC. (formerly known as DRKW HOLDINGS, INC.), a Delaware corporation, as lender (the “Lender”).
AMENDMENT TO CUSTODY AND TRANSFER AGENCY AGREEMENTSBelair Capital Fund LLC • August 9th, 2005 • Real estate investment trusts
Each of the Custody and Transfer Agency Agreements dated as of the date listed on Appendix A (the “Agreement”) by and between Investors Bank & Trust Company (the “Bank”), a Massachusetts trust company, and the Funds listed on the attached Appendix A (each the “Fund”) are hereby amended as of the date hereof in the manner set forth below:
ContractLoan and Security Agreement • November 9th, 2007 • Belair Capital Fund LLC • Investors, nec • New York
WHEREAS, on July 15, 2003, the Borrower and the Lender entered into the Credit Agreement pursuant to which the Lender made available to the Borrower a term loan in the aggregate principal amount of $515,000,000;
