FORM OF AMENDED AND RESTATED ESCROW AGREEMENT FOR PENNSYLVANIA INVESTORSEscrow Agreement • July 24th, 2006 • Wells Timber Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
EXHIBIT 10.2 SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WELLS TIMBERLAND OPERATING PARTNERSHIP, L.P. TABLE OF CONTENTSLimited Partnership Agreement • April 3rd, 2007 • Wells Timberland REIT, Inc. • Real estate investment trusts • Delaware
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • September 23rd, 2013 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 2013, by and between CatchMark Timber Trust, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
FORM OF AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • July 24th, 2006 • Wells Timber Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
FORM OF AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • August 8th, 2006 • Wells Timber Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WELLS TIMBERLAND OPERATING PARTNERSHIP, L.P.Limited Partnership Agreement • August 7th, 2009 • Wells Timberland REIT, Inc. • Real estate investment trusts • Delaware
Wells Timberland Operating Partnership, L.P., formerly know as Wells Timber Operating Partnership, L.P. (the “Partnership”), was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Delaware effective as of November 9, 2005, and amended on November 16, 2006. The Second Amended and Restated Agreement of Limited Partnership dated as of March 27, 2007 superseded and replaced the First Amended and Restated Agreement of Limited Partnership dated as of August 22, 2006 between Wells Timberland REIT, Inc., a Maryland corporation, formerly known as Wells Timber Real Estate Investment Trust, Inc. (the “General Partner”), and the limited partner(s) set forth on Exhibit A hereto (the “Limited Partners”) and superseded and replaced the Agreement of Limited Partnership executed by the parties hereto as of November 9, 2005. This Third Amended and Restated Agreement of L
FORM OF INDENTURE CATCHMARK TIMBER TRUST, INC. as the Company as Trustee Dated as of __________, 20___Indenture • February 28th, 2020 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
Indenture dated as of ____________, 20____ between CatchMark Timber Trust, Inc., a Maryland corporation (the “Company”), and __________________ as trustee (the “Trustee”).
EXHIBIT 10.2 FORM OF FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WELLS TIMBER OPERATING PARTNERSHIP, L.P. TABLE OF CONTENTSLimited Partnership Agreement • June 8th, 2006 • Wells Timber Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
5,000,000 Shares CATCHMARK TIMBER TRUST, INC. Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 16th, 2018 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
CatchMark Timber Trust, Inc., a Maryland corporation (the “Company”), and CatchMark Timber Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), propose, subject to the terms and conditions stated herein, that the Company will issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 5,000,000 shares of its Class A Common Stock, par value $0.01 per share (the “Class A Common Stock”). The aggregate of 5,000,000 shares to be purchased from the Company are called the “Firm Shares.” In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional 750,000 shares of Class A Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are collectively referred to in this Agreement as the “Shares.” Raymond James & Associates, Inc. (“Raymond James”), Citigroup Global Markets Inc. (“Citigroup”), Stifel, Nicolaus &
AGREEMENT AND PLAN OF MERGER by and among POTLATCHDELTIC CORPORATION, Horizon Merger Sub 2022, LLC, CATCHMARK TIMBER TRUST, INC., and CATCHMARK TIMBER OPERATING PARTNERSHIP, L.P. Dated as of May 29, 2022Merger Agreement • May 31st, 2022 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Maryland
This AGREEMENT AND PLAN OF MERGER, dated as of May 29, 2022 (this “Agreement”), is entered into by and among PotlatchDeltic Corporation, a Delaware corporation (“Parent”), Horizon Merger Sub 2022, LLC, a Delaware limited liability company (“Merger Sub” and, together with Parent, the “Parent Parties”), CatchMark Timber Trust, Inc., a Maryland corporation (the “Company”), and CatchMark Timber Operating Partnership, L.P., a Delaware limited partnership (the “Partnership” and, together with the Company, the “Company Parties”). Parent, Merger Sub, the Partnership and the Company are each sometimes referred to herein as a “Party” and, collectively, as the “Parties”.
FORM OF DEALER MANAGER AGREEMENT WELLS TIMBERLAND REIT, INC. Up to $2,200,000,000 of Shares of Common Stock FORM OF DEALER MANAGER AGREEMENTDealer Manager Agreement • June 19th, 2009 • Wells Timberland REIT, Inc. • Real estate investment trusts • Georgia
AMENDED AND RESTATED GUARANTYGuaranty • December 26th, 2013 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
AMENDED AND RESTATED GUARANTY, dated as of December 19, 2013 (as amended, supplemented, restated or otherwise modified from time to time, this “Guaranty”), made by CATCHMARK HBU, LLC (f/k/a Wells Timberland HBU, LLC), a Delaware limited liability company (the “Guarantor”), in favor of COBANK, ACB, as administrative agent (in such capacity, the “Administrative Agent”) for each Lender Party. This Guaranty amends and restates in its entirety that certain Guaranty, dated as of March 24, 2010 (the “Original Guaranty”), by the Guarantor in favor of the Administrative Agent for the benefit of itself and each other Lender Party.
AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • July 2nd, 2013 • Wells Timberland REIT, Inc. • Real estate investment trusts
THIS AMENDED AND RESTATED ADVISORY AGREEMENT (this “AGREEMENT”), dated and effective as of July 1, 2013 (the “EFFECTIVE DATE”), is by and among WELLS TIMBERLAND REIT, INC., a Maryland corporation (the “COMPANY”), WELLS TIMBERLAND OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “PARTNERSHIP”), and WELLS TIMBERLAND MANAGEMENT ORGANIZATION, LLC, a Georgia limited liability company (the “ADVISOR”).
EXHIBIT 10.2 AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • November 10th, 2005 • Wells Timber Real Estate Investment Trust, Inc. • Delaware
THIRD AMENDED AND RESTATED PLEDGE AGREEMENTPledge Agreement • December 30th, 2014 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
THIRD AMENDED AND RESTATED PLEDGE AGREEMENT, dated as of December 23, 2014 (as amended, supplemented, restated or otherwise modified from time to time, this “Agreement”), made by CATCHMARK TIMBER OPERATING PARTNERSHIP, L.P. (f/k/a Wells Timberland Operating Partnership, L.P.), a Delaware limited partnership (the “Borrower”), TIMBERLANDS II, LLC, a Delaware limited liability company (“Timberlands II”), CATCHMARK TIMBER TRS, INC. (f/k/a Wells Timberland TRS, INC.), a Delaware corporation (“CatchMark TRS”), CATCHMARK TRS HARVESTING OPERATIONS, LLC (f/k/a Wells TRS Harvesting Operations, LLC), a Delaware limited liability company (“CatchMark TRS Subsidiary”), CATCHMARK HBU, LLC (f/k/a WELLS TIMBERLAND HBU, LLC), a Delaware limited liability company (“CatchMark HBU”), CATCHMARK TEXAS TIMBERLANDS GP, LLC (“CatchMark Texas GP”), a Texas limited liability company, CATCHMARK TEXAS TIMBERLANDS, L.P. (“CatchMark Texas LP”), a Texas limited liability company, and each Additional Grantor (such capi
SECOND AMENDED AND RESTATED LIMITED GUARANTYLimited Guaranty • December 26th, 2013 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
SECOND AMENDED AND RESTATED LIMITED GUARANTY, dated as of December 19, 2013 (as amended, supplemented, restated or otherwise modified from time to time, this “Guaranty”), made by CATCHMARK TIMBER TRUST, INC. (f/k/a Wells Timberland REIT, INC.), a Maryland corporation (the “Guarantor”), in favor of COBANK, ACB, as administrative agent (in such capacity, the “Administrative Agent”) for each of the Lender Parties. This Guaranty amends and restates in its entirety that certain Amended and Restated Limited Guaranty, dated as of March 24, 2010 (the “Original Guaranty”), by the Guarantor in favor of the Administrative Agent for the benefit of each Lender Party.
PLACEMENT AGENT AGREEMENTPlacement Agent Agreement • January 5th, 2011 • Wells Timberland REIT, Inc. • Real estate investment trusts • Berlin
AMENDED AND RESTATED ASSET Management AgreementAsset Management Agreement • June 24th, 2020 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Delaware
This AMENDED AND RESTATED ASSET MANAGEMENT AGREEMENT (as amended or restated from time to time, including all appendixes and exhibits thereto, this “Agreement”), dated as of June 24, 2020 (the “Amendment Effective Date”), by and between Creek Pine REIT, LLC, a Delaware limited liability company (the “Company”), Crown Pine Realty 1, Inc., a Delaware corporation (“CPR1”), and CatchMark TRS Creek Management, LLC, a Delaware limited liability company (the “Asset Manager”). The Company, CPR1 and the Asset Manager are each referred to herein as a “Party” and collectively as the “Parties.”
THIRD AMENDED AND RESTATED SECURITY AGREEMENTSecurity Agreement • December 30th, 2014 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
THIRD AMENDED AND RESTATED SECURITY AGREEMENT, dated as of December 23, 2014 (as amended, supplemented, restated or otherwise modified from time to time, this “Agreement”), made by CATCHMARK TIMBER TRUST, INC. (f/k/a Wells Timberland REIT, Inc.), a Maryland corporation (the “Grantor”), in favor of COBANK, ACB, as administrative agent (in such capacity, the “Administrative Agent”) for the benefit of itself and each other Lender Party (such capitalized term and all other capitalized terms not otherwise defined herein to have the meanings provided for in Article I). This Agreement amends and restates in its entirety that certain Second Amended and Restated Security Agreement, dated as of December 19, 2013 (the “Original Security Agreement”), by the Grantor in favor of the Administrative Agent for the benefit of itself and each other Lender Party.
WITNESSETHAdvisory Agreement • April 3rd, 2007 • Wells Timberland REIT, Inc. • Real estate investment trusts
EMPLOYMENT AGREEMENTEmployment Agreement • October 30th, 2013 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Georgia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into this 30th day of October, 2013 by and between CatchMark Timber Trust, Inc., a Maryland corporation (the “Company”), and Jerrold Barag (“Executive”), to be effective as of the Effective Date, as defined in Section 1.
LIMITED PARTNERSHIP AGREEMENT OF TEXMARK TIMBER TREASURY, L.P. Dated as of July 6, 2018Limited Partnership Agreement • September 12th, 2018 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Delaware
This LIMITED PARTNERSHIP AGREEMENT (this “Agreement”) of TexMark Timber Treasury, L.P., a Delaware limited partnership (the “Partnership”), is dated effective as of July 6, 2018 (the “Effective Date”) and is made by and among, Triple T GP, LLC, a Delaware limited liability company, as general partner (the “General Partner”), Creek Pine Holdings, LLC, a Delaware limited liability company, as limited partner (“CTT Partner” and, together with the General Partner, the “Common Partners”), each of IMC RRIF C US Inc., a Canadian corporation, IMC RRIF M US Inc., a Canadian corporation, IMC RRIF PS US Inc., a Canadian corporation, IMC RRIF T US Inc., a Canadian corporation, IMC RRIF WS US Inc., a Canadian corporation, IMC RRIF H US Inc., a Canadian corporation, and bcIMC (WCBAF REKYN) Investment Corporation, a Canadian corporation, as limited partner (each, a “BCI Partner” and, collectively, “BCI Partners”), Caddo TIG Newco L.P., a Delaware limited partnership, as limited partner (“TIG Partner”
AMENDED AND RESTATED MASTER PURCHASE AGREEMENTMaster Purchase Agreement • April 10th, 2009 • Wells Timberland REIT, Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED MASTER PURCHASE AGREEMENT, dated as of April 8, 2009 (including all exhibits and schedules, this “Agreement”), is by and among Wells-DFH Timberland Nr. 88 GmbH & Co. KG, a German closed end fund that will elect to be treated as partnership for U.S. tax purposes (the “2008 Fund”), Wells-DFH Materia GmbH & Co. KG, a German closed end fund that will elect to be treated as partnership for U.S. tax purposes (“Materia”), any other fund that is not a “U.S. person,” as defined under Rule 902(k) of Regulation S under the Securities Act of 1933, as amended, that subsequently executes a joinder to this Agreement substantially in the form attached hereto as Exhibit A (together with Materia, the “Funds”), Deutsche Fonds Holding AG (“DFH”), a corporation organized under the laws of Germany, Wells Timberland Management Organization, LLC, a Georgia limited liability company (“Wells TIMO”) and Wells Timberland REIT, Inc., a corporation organized and existing under the laws of
FIRST AMENDMENT TO OPTION AGREEMENTOption Agreement • March 1st, 2019 • CatchMark Timber Trust, Inc. • Real estate investment trusts
This First Amendment to Option Agreement (“First Amendment”) is made and entered into effective as of June 28, 2018 (the “Effective Date”), by and between LRT III LLC, a Delaware limited liability company (hereinafter referred to as “Seller”), and CATCHMARK TIMBER TRUST, INC., a Maryland corporation (hereinafter referred to as “Purchaser”).
DISTRIBUTION AGREEMENTDistribution Agreement • May 7th, 2020 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
SECOND AMENDMENT TO OPTION AGREEMENTOption Agreement • March 1st, 2019 • CatchMark Timber Trust, Inc. • Real estate investment trusts
This Second Amendment to Option Agreement (“Second Amendment”) is made and entered into effective as of August 3, 2018 (the “Effective Date”), by and between LRT III LLC, a Delaware limited liability company (hereinafter referred to as “Seller”), and CATCHMARK TIMBER TRUST, INC., a Maryland corporation (hereinafter referred to as “Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 8th, 2016 • CatchMark Timber Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (“First Amendment”) is made effective as of April 27, 2016, by and between FIATP SSF TIMBER LLC, a Delaware limited liability company (hereinafter referred to as “Seller”), and CATCHMARK TIMBER TRUST, INC., a Maryland corporation (hereinafter referred to as “Purchaser”).
SUBORDINATED SECURITY AGREEMENTSubordinated Security Agreement • December 14th, 2007 • Wells Timberland REIT, Inc. • Real estate investment trusts • New York
SUBORDINATED SECURITY AGREEMENT, dated as of October 9, 2007 (as amended, supplemented, restated or otherwise modified from time to time, this “Agreement”), made by TIMBERLANDS II, LLC, a Delaware limited liability company, WELLS TIMBERLAND ACQUISITION, LLC, a Delaware limited liability company (each a “Borrower” and collectively, the “Borrowers”), WELLS TRS HARVESTING OPERATIONS, LLC, a Delaware limited liability company (“Wells TRS Subsidiary”), and each Additional Grantor (such capitalized term and all other capitalized terms not otherwise defined herein to have the meanings provided for in Article I) that may from time to time become a party hereto (the Borrowers, Wells TRS Subsidiary and the Additional Grantors are collectively referred to as the “Grantors” and individually as a “Grantor”), in favor of WACHOVIA BANK NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”) for each of the Lenders.
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • March 1st, 2019 • CatchMark Timber Trust, Inc. • Real estate investment trusts • Delaware
This Second Amended and Restated Agreement of Limited Partnership is entered into as of October 31, 2018 between CatchMark Timber Trust, Inc., formerly known as Wells Timberland REIT, Inc., as General Partner, and CatchMark LP Holder, LLC, as Limited Partner, and supersedes and replaces the Amended and Restated Agreement of Limited Partnership dated as of October 25, 2013, as amended.
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 24, 2010, among TIMBERLANDS II, LLC and WELLS TIMBERLAND OPERATING PARTNERSHIP, L.P., as the Borrowers, COBANK, ACB, as the Administrative Agent and Co-Arranger, WELLS FARGO SECURITIES, LLC as...Credit Agreement • March 26th, 2010 • Wells Timberland REIT, Inc. • Real estate investment trusts
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of March 24, 2010 (this “Agreement”), among TIMBERLANDS II, LLC, a Delaware limited liability company (“Wells Timberland”), and WELLS TIMBERLAND OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Wells Partnership”; Wells Timberland and Wells Partnership each a “Borrower” and collectively, the “Borrowers”), the various financial institutions as are, or may from time to time become, parties hereto (collectively, the “Lenders”), and COBANK, ACB (“CoBank”), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms to Article I.
AGREEMENT REGARDING AMENDMENTS AND TERM A-4 LOAN CREDIT FACILITYTerm a-4 Loan Credit Facility • March 1st, 2019 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
This AGREEMENT REGARDING AMENDMENTS AND TERM A-4 LOAN CREDIT FACILITY, dated as of August 22, 2018 (this “Agreement”), among CATCHMARK TIMBER OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), the other Loan Parties party hereto, COBANK, ACB, as administrative agent (in such capacity, the “Administrative Agent”) for the Lender Parties, and the Lenders and Voting Participants under the Credit Agreement defined below that have executed this Agreement. Unless otherwise defined herein or the context otherwise requires, terms used herein shall have the meaning provided in the Credit Agreement.
AMENDMENT ONE TO THE FIBER SUPPLY AGREEMENTFiber Supply Agreement • March 26th, 2010 • Wells Timberland REIT, Inc. • Real estate investment trusts
This AMENDMENT (“Amendment One”), executed this 28 day of Jan, 2010, to the original FIBER SUPPLY AGREEMENT, dated October 9, 2007 (“FSA”), is made by and between Wells TRS Harvesting Operations, LLC, a Delaware limited liability company (“Supplier”), MEADWESTVACO CORPORATION (“Parent”), and MEADWESTVACO COATED BOARD, INC., a Delaware corporation (“MeadWestvaco”).
CROWN PINE PURCHASE AGREEMENT by and among CROWN PINE PARENT, L.P., CROWN PINE REIT, INC., GPT1 LLC, CROWN PINE TIMBER 1, L.P., and CREEK PINE HOLDINGS, LLC Dated as of May 14, 2018Purchase Agreement • May 18th, 2018 • CatchMark Timber Trust, Inc. • Real estate investment trusts • New York
This CROWN PINE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of May 14, 2018 (the “Effective Date”), by and among Crown Pine Parent, L.P., a Delaware limited partnership (“CP Parent LP”), Crown Pine REIT, Inc., a Delaware corporation (“CP REIT”), and GPT1 LLC, a Delaware limited liability company (“GPT1” and together with CP Parent LP and CP REIT, collectively, the “Sellers” and each a “Seller”), Crown Pine Timber 1, L.P., a Delaware limited partnership (“Crown Pine Timber 1” or the “Company”), and Creek Pine Holdings, LLC, a Delaware limited liability company (the “Buyer”). Each of the parties named above may be referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used, but not otherwise defined, herein shall have the meanings set forth in Article XIII below.
F O R M O F P E R F O R M A N C E – B A S E DPerformance-Based Ltip Unit Award Certificate • March 1st, 2019 • CatchMark Timber Trust, Inc. • Real estate investment trusts
by CatchMark Timber Operating Partnership, L.P. (the “Company”) of LTIP Units (the “LTIP Units”) (as defined in the LP Agreement) pursuant to and subject to the provisions of the CatchMark Timber Trust, Inc. LTI Program Plan (the “LTIP”), which operates as a sub-plan of the CatchMark Timber Trust, Inc. 2017 Incentive Plan (the “Equity Incentive Plan”) and to the terms and conditions set forth in this award certificate (this “Certificate”).
RECOGNITION AGREEMENT (Fiber Supply Agreement) (Alabama)Recognition Agreement • December 14th, 2007 • Wells Timberland REIT, Inc. • Real estate investment trusts • New York
RECOGNITION AGREEMENT, dated as of October 9, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), among WELLS TRS HARVESTING OPERATIONS, LLC, a Delaware limited liability company (together with such company and with any assignee or delegate of any of its rights and/or responsibilities under the Fiber Supply Agreement (as defined below), the “Supplier”), TIMBERLANDS II, LLC, a Delaware limited liability company (“Wells Timberland”; together with any future owner of the Timberlands (as defined below), the “Owner”), MEADWESTVACO COATED BOARD, INC., a Delaware corporation (“MW”), MEADWESTVACO CORPORATION, a Delaware corporation (the “Parent”), COBANK, ACB, as administrative agent (in such capacity, the “Senior Administrative Agent”) for the 2007 Senior Lenders (as defined below), and WACHOVIA BANK, N.A., as administrative agent (in such capacity, the “Subordinated Administrative Agent”) for the 2007 Subordinated Lenders (as defined below).
