Exhibit 10.9 HERITAGE PROPERTY INVESTMENT TRUST, INC. AMENDED AND RESTATED 2000 EQUITY INCENTIVE PLAN STOCK OPTION AGREEMENT THIS AGREEMENT dated as of , 20 , between Heritage Property Investment Trust, Inc., a corporation organized under the laws of...Stock Option Agreement • April 9th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • Massachusetts
HERITAGE PROPERTY INVESTMENT TRUST, INC. (a Maryland corporation) 16,000,000 Shares of Common Stock PURCHASE AGREEMENT Dated: April , 2002 ---- TABLE OF CONTENTSPurchase Agreement • April 9th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
TOIndenture • September 7th, 2001 • Heritage Property Investment Trust Inc • New York
EMPLOYMENT AGREEMENT BETWEEN THOMAS C. PRENDERGAST AND HERITAGE PROPERTY INVESTMENT TRUST, INC.Employment Agreement • March 13th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • Massachusetts
HERITAGE PROPERTY INVESTMENT TRUST, INC. 535 BOYLSTON STREET BOSTON, MA 02116Warrant Agreement • March 15th, 2004 • Heritage Property Investment Trust Inc • Real estate investment trusts
Reference is hereby made to the (i) Warrant Agreement ("1999 WARRANT AGREEMENT"), dated as of July 9, 1999, by and between The Prudential Insurance Company of America ("Prudential"), and Heritage Property Investment Trust, Inc. ("Heritage"), pursuant to which Heritage issued to Prudential a warrant (the "1999 WARRANT") to purchase 75,000 shares of common stock of Heritage, par value $.001 per share ("COMMON STOCK"), and (ii) Warrant Agreement ("2000 WARRANT AGREEMENT" and, together with the 1999 Warrant Agreement, the "WARRANT AGREEMENTS"), dated as of September 18, 2000, by and between Prudential and Heritage, pursuant to which Heritage issued to Prudential a warrant (the "2000 WARRANT" and, together with the 1999 Warrant, the "WARRANTS") to purchase 300,000 shares of Common Stock. Defined terms used herein but not defined herein shall have the meanings given to such terms in the Warrant Agreements.
TRUSTEESupplemental Indenture • September 7th, 2001 • Heritage Property Investment Trust Inc • New York
ARTICLE I. FORM OF WARRANTWarrant Agreement • September 7th, 2001 • Heritage Property Investment Trust Inc • Maryland
EXHIBIT 10.19 PRUDENTIAL INVESTMENT MANAGEMENT, INC. PRUDENTIAL INVESTMENT MANAGEMENT SERVICES LLC Dated as of March __, 2002 Heritage Property Investment Trust, Inc. 535 Boylston Street Boston, MA 02116 Re: Prudential Advisory Services Ladies and...Advisory Services Agreement • March 13th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts
RECITALSSeverance Agreement • March 13th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • Massachusetts
REGISTRATION RIGHTS AGREEMENT Dated as of October 15, 2004 Among HERITAGE PROPERTY INVESTMENT TRUST, INC. AND THE GUARANTORS NAMED HEREIN and DEUTSCHE BANK SECURITIES INC., UBS SECURITIES LLC and WACHOVIA CAPITAL MARKETS, LLC 4.50% Notes due 2009Registration Rights Agreement • October 15th, 2004 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
This Agreement is entered into in connection with the Purchase Agreement by and among the Company and the Initial Purchasers, dated as of October 12, 2004 (the “Purchase Agreement”), which provides for, among other things, the sale by the Company to the Initial Purchasers of $150,000,000 aggregate principal amount of the Company’s 4.50% Notes due 2009 (the “Notes”), guaranteed by the Guarantors (the “Guarantees”). The Notes and the Guarantees are collectively referenced herein as the “Securities.” In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Issuers have agreed to provide the registration rights set forth in this Agreement for the benefit of the Initial Purchasers and any subsequent holder or holders of the Securities. The execution and delivery of this Agreement is a condition to the Initial Purchasers’ obligation to purchase the Securities under the Purchase Agreement.
CREDIT AGREEMENTCredit Agreement • April 21st, 2005 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
THIS CREDIT AGREEMENT (this “Agreement”) dated as of March 29, 2005 by and among HERITAGE PROPERTY INVESTMENT TRUST, INC., a corporation formed under the laws of the State of Maryland (the “Borrower”), WACHOVIA CAPITAL MARKETS, LLC, as Arranger (the “Arranger”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent, each of DEUTSCHE BANK TRUST COMPANY AMERICAS and KEYBANK NATIONAL ASSOCIATION, as Syndication Agents (each a “Syndication Agent”), each of BANK OF AMERICA, NATIONAL ASSOCIATION and COMMERZBANK AKTIENGESELLSCHAFT, NEW YORK BRANCH, as Documentation Agents (each a “Documentation Agent”), and each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 12.5.(d).
Conformed Signature Copy) September 2, 1997 BRADLEY OPERATING LIMITED PARTNERSHIP SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP BRADLEY OPERATING LIMITED PARTNERSHIP SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP TABLE OF CONTENTSLimited Partnership Agreement • September 7th, 2001 • Heritage Property Investment Trust Inc • Delaware
TERM LOAN AGREEMENT Dated as of November 28, 2005 by and among HERITAGE PROPERTY INVESTMENT TRUST, INC.,Term Loan Agreement • December 1st, 2005 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
THIS TERM LOAN AGREEMENT (this “Agreement”) dated as of November 28, 2005 by and among HERITAGE PROPERTY INVESTMENT TRUST, INC., a corporation formed under the laws of the State of Maryland (the “Borrower”), WACHOVIA CAPITAL MARKETS, LLC, as Arranger (the “Arranger”), WACHOVIA INVESTMENT HOLDINGS, LLC, as Agent, and each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 12.5.(d).
ARTICLE I FORM OF WARRANTWarrant Agreement • September 7th, 2001 • Heritage Property Investment Trust Inc • Maryland
SEVERANCE AGREEMENTSeverance Agreement • October 12th, 2004 • Heritage Property Investment Trust Inc • Real estate investment trusts • Massachusetts
THIS SEVERANCE AGREEMENT (this "Agreement") is made as of this 13th day of February 2004, between Heritage Property Investment Trust, Inc., a corporation organized under the State of Maryland and having its principal place of business at 535 Boylston Street, Boston, Massachusetts 02116 (the "Company") and Patrick O'Sullivan of Hanover, Massachusetts (the "Executive").
Exhibit 10.18 SECOND AMENDED AND RESTATED STOCKHOLDERS AGREEMENT This Second Amended and Restated Stockholders Agreement (this "AGREEMENT") dated as of March [__], 2002, is by and among (i) Heritage Property Investment Trust, Inc., a Maryland...Stockholders Agreement • March 13th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • Maryland
REVOLVING CREDIT AGREEMENT AND GUARANTY HERITAGE PROPERTY INVESTMENT LIMITED PARTNERSHIP AND BRADLEY OPERATING LIMITED PARTNERSHIPRevolving Credit Agreement • June 5th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts
AGREEMENTSeverance Agreement • September 13th, 2005 • Heritage Property Investment Trust Inc • Real estate investment trusts
THIS AGREEMENT (this “Agreement”) is made as of this 12th day of September, 2005, between Heritage Property Investment Trust, Inc., a corporation organized under the State of Maryland and having its principal place of business at 131 Dartmouth Street, Boston, Massachusetts 02116 (the “Company”), and Patrick O’Sullivan of Hanover, Massachusetts (the “Executive”).
FLEET NATIONAL BANK Administrative AgentRevolving and Term Credit Agreement • September 7th, 2001 • Heritage Property Investment Trust Inc • Massachusetts
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF HERITAGE PROPERTY INVESTMENT LIMITED PARTNERSHIP ---------------------------------- As ofAgreement of Limited Partnership • March 13th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts • Delaware
AGREEMENTSeverance Agreement • September 13th, 2005 • Heritage Property Investment Trust Inc • Real estate investment trusts
THIS AGREEMENT (this “Agreement”) is made as of this 12th day of September, 2005, between Heritage Property Investment Trust, Inc., a corporation organized under the State of Maryland and having its principal place of business at 131 Dartmouth Street, Boston, Massachusetts 02116 (the “Company”), and Bruce Anderson of Newton, Massachusetts (the “Executive”).
EXHIBIT 99.2 BRADLEY OPERATING LIMITED PARTNERSHIP AMENDMENT TO THE SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP This Amendment to the Second Restated Agreement of Limited Partnership of Bradley Operating Limited Partnership, dated May 17, 2002...Second Restated Agreement of Limited Partnership • June 5th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts
FIRST SUPPLEMENTAL INDENTURE TO INDENTURE DATED OCTOBER 15, 2004Supplemental Indenture • October 6th, 2006 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
This First Supplemental Indenture, dated as of October 5, 2006 (the “Supplemental Indenture”), among Heritage Property Investment Trust, Inc., a Maryland corporation (the “Company”), Centro Saturn MergerSub LLC, a Delaware limited liability company (the “Successor”) and LaSalle Bank National Association, as trustee (the “Trustee”).
FIFTH AMENDMENT of the EMPLOYMENT AGREEMENT between THOMAS C. PRENDERGAST and HERITAGE PROPERTY INVESTMENT TRUST, INC.Employment Agreement • July 12th, 2006 • Heritage Property Investment Trust Inc • Real estate investment trusts
This agreement (the “Agreement”), dated this 9th day of July 2006, is by and between Heritage Property Investment Trust, Inc., a corporation organized under the laws of the State of Maryland and having its principal place of business at 131 Dartmouth Street, Boston, Massachusetts 02116 (the “Company”), and Thomas C. Prendergast, an individual currently residing at 62 Jack Pine Drive, Sudbury, Massachusetts 01776 (the “Executive”):
Heritage Property Investment Trust, Inc. 131 Dartmouth Street Boston, MA 02116Separation Agreement • October 12th, 2004 • Heritage Property Investment Trust Inc • Real estate investment trusts • Massachusetts
As we discussed with respect to your departure from Heritage Property Investment Trust, Inc., its affiliates and subsidiaries ("Heritage"), your employment with Heritage will end effective July 2, 2004 (the "Separation Date"). The purpose of this letter is to set forth our agreement with respect to your separation (the "Agreement"). This Agreement is intended to provide you with benefits substantially equivalent to those you would have received pursuant to the form of Severance Agreement you were provided but did not execute prior to the Separation Date. This Agreement is in lieu of that Severance Agreement and supercedes it in all respects.
AGREEMENTSeverance Agreement • May 6th, 2005 • Heritage Property Investment Trust Inc • Real estate investment trusts
THIS AGREEMENT (this “Agreement”) is made as of this 6th day of May, 2005, between Heritage Property Investment Trust, Inc., a corporation organized under the State of Maryland and having its principal place of business at 131 Dartmouth Street, Boston, Massachusetts 02116 (the “Company”), and Robert G. Prendergast of 70 Alpine Drive, Holliston, Massachusetts (the “Executive”).
Exhibit 10.17 PIMS INDEMNIFICATION LETTER PRUDENTIAL INVESTMENT MANAGEMENT SERVICES LLC 8 Campus Drive Parsippany, New Jersey 07054 Ladies and Gentlemen: In connection with the engagement agreement, dated the date hereof, between Prudential Investment...Indemnification Agreement • September 7th, 2001 • Heritage Property Investment Trust Inc
In connection with the engagement agreement, dated the date hereof, between Prudential Investment Management Services, LLC ("PIMS") and Heritage Realty Trust, Inc. (the "Company"), the Company agrees to indemnify and hold harmless PIMS and its affiliates, their respective directors, officers, controlling persons (within the meaning of Section 15 of the Securities Act of 1933, as amended, or Section 20(a) of the Securities Exchange Act of 1934, as amended), if any, agents and employees (collectively, "Indemnified Persons" and individually, an "Indemnified Person") from and against any and all actions, claims, suits, proceedings, liabilities, losses, damages and expenses incurred, joint or several (collectively, "Claims"), by any Indemnified Person (including reasonable fees and disbursements of one counsel for PIMS and the Indemnified Persons ) which are related to or arise from PIMS' engagement by the Company under that engagement agreement dated as of the date hereof, including Claims
BY AND AMONGRegistration Rights, Lock-Up and Redemption Agreement • October 7th, 2003 • Heritage Property Investment Trust Inc • Real estate investment trusts • Maryland
Exhibit 10.19 SECOND AMENDED AND RESTATED STOCKHOLDERS AGREEMENT This Second Amended and Restated Stockholders Agreement (this "AGREEMENT") dated as of April 29, 2002, is by and among (i) Heritage Property Investment Trust, Inc., a Maryland...Stockholders Agreement • October 7th, 2003 • Heritage Property Investment Trust Inc • Real estate investment trusts • Maryland
Exhibit 10.6 BRADLEY OPERATING LIMITED PARTNERSHIP AMENDMENT TO THE SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP This Amendment to the Second Restated Agreement of Limited Partnership of Bradley Operating Limited Partnership, a Delaware limited...Amendment to the Second Restated Agreement of Limited Partnership • September 7th, 2001 • Heritage Property Investment Trust Inc
Heritage Property Investment Trust, Inc. $150,000,000 4.50% Notes due 2009 PURCHASE AGREEMENTPurchase Agreement • October 13th, 2004 • Heritage Property Investment Trust Inc • Real estate investment trusts • New York
Heritage Property Investment Trust, Inc., a Maryland corporation (the "Company"), Heritage Property Investment Limited Partnership, a Delaware limited partnership ("Heritage OP") and Bradley Operating Limited Partnership, a Delaware limited partnership ("Bradley OP," and, together with Heritage OP, the "Guarantors"), hereby confirm their agreement with Deutsche Bank Securities Inc., UBS Securities LLC and Wachovia Capital Markets, LLC and (the "Initial Purchasers"), as set forth below.
Exhibit 10.5 BRADLEY OPERATING LIMITED PARTNERSHIP AMENDMENT TO SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP RELATING TO 8.875% SERIES C CUMULATIVE REDEEMABLE PERPETUAL PREFERRED UNITS This Amendment to Second Restated Agreement of Limited...Amendment to Second Restated Agreement of Limited Partnership • September 7th, 2001 • Heritage Property Investment Trust Inc
THIRD AMENDMENT OF THE EMPLOYMENT AGREEMENT BETWEEN THOMAS C. PRENDERGAST AND HERITAGE PROPERTY INVESTMENT TRUST, INC.Employment Agreement • August 6th, 2002 • Heritage Property Investment Trust Inc • Real estate investment trusts
Exhibit 10.3 BRADLEY OPERATING LIMITED PARTNERSHIP AMENDMENT TO SECOND RESTATED AGREEMENT OF LIMITED PARTNERSHIP ESTABLISHING AND FIXING THE RIGHTS, LIMITATIONS AND PREFERENCES OF 8.4% SERIES A CONVERTIBLE PREFERRED UNITS This Amendment to the Second...Second Restated Agreement of Limited Partnership • September 7th, 2001 • Heritage Property Investment Trust Inc
FOURTH AMENDMENT of the EMPLOYMENT AGREEMENT between THOMAS C. PRENDERGAST and HERITAGE PROPERTY INVESTMENT TRUST, INC.Employment Agreement • January 5th, 2006 • Heritage Property Investment Trust Inc • Real estate investment trusts
This agreement (the “Agreement”), dated this 30th day of December, 2005, is by and between Heritage Property Investment Trust, Inc., a corporation organized under the laws of the State of Maryland and having its principal place of business at 131 Dartmouth Street, Boston, Massachusetts 02116 (the “Company”), and Thomas C. Prendergast, an individual currently residing at 62 Jack Pine Drive, Sudbury, Massachusetts 01776 (the “Executive”):
