AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EXCEL TRUST, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES...Limited Partnership Agreement • January 31st, 2011 • Excel Trust, Inc. • Real estate investment trusts • Delaware
EXCEL TRUST, INC. 3,200,000 SHARESUnderwriting Agreement • January 26th, 2012 • Excel Trust, Inc. • Real estate investment trusts • New York
Excel Trust, Inc., a Maryland corporation (the “Company”), and Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its agreement with Wells Fargo Securities, LLC, Raymond James & Associates, Inc. and UBS Securities LLC, as representatives (the “Representatives”) of the several Underwriters named in Schedule I hereto (the “Underwriters”), with respect to the proposed issuance and sale of 3,200,000 shares of the Company’s 8.125% Series B Cumulative Redeemable Preferred Stock, par value $0.01 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 480,000 shares of its 8.125% Series B Cumulative Redeemable Preferred Stock, par value $0.01 per share (the “Additional Shares”), if and to the extent that you, as Representatives of the Underwriters, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares granted to the Underwriters in
EMPLOYMENT AGREEMENTEmployment Agreement • April 28th, 2010 • Excel Trust, Inc. • Real estate investment trusts • California
THIS EMPLOYMENT AGREEMENT (this “Agreement”), effective as of the Effective Date (as defined below), is entered into by and among Excel Trust, Inc., a Maryland corporation (the “REIT”), Excel Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), and James Y. Nakagawa (the “Executive”).
CREDIT AGREEMENT Dated as of July 8, 2010 by and among EXCEL TRUST, L.P., as Borrower, EXCEL TRUST, INC., as Parent, THE FINANCIAL INSTITUTIONS PARTY HERETO AND THEIR ASSIGNEES UNDER SECTION 13.6., as Lenders, WELLS FARGO SECURITIES, LLC, and KEYBANC...Credit Agreement • July 13th, 2010 • Excel Trust, Inc. • Real estate investment trusts • New York
THIS CREDIT AGREEMENT (this “Agreement”) dated as of July 8, 2010 by and among EXCEL TRUST, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), EXCEL TRUST, INC., a corporation formed under the laws of the State of Maryland (the “Parent”), WELLS FARGO SECURITIES, LLC and KEYBANC CAPITAL MARKETS, as Joint Lead Arrangers (each a “Joint Lead Arranger”) and Joint Bookrunners (each a “Joint Bookrunner”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6. (the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), KEYBANK NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”) and PNC CAPITAL MARKETS, LLC and U.S. BANK NATIONAL ASSOCIATION, as Documentation Agents (the “Documentation Agents”).
CONTRIBUTION AGREEMENT (OP Units) by and between Gary B. Sabin and Excel Trust, L.P. a Delaware limited partnership Dated as of December 24, 2009Contribution Agreement • March 5th, 2010 • Excel Trust, Inc. • Real estate investment trusts • California
THIS CONTRIBUTION AGREEMENT (including all exhibits and schedules, this “Agreement”) is made and entered into as of December 24, 2009 by and between Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), Gary B. Sabin (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Agreement the term “Contributor” shall include Mr. Sabin and the Contributor Entity, to the extent of Mr. Sabin’s equity interest therein).
EXCEL TRUST, INC. RESTRICTED STOCK AWARD GRANT NOTICE AND RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • May 10th, 2011 • Excel Trust, Inc. • Real estate investment trusts • California
Excel Trust, Inc., a Maryland corporation (the “Company”), pursuant to its 2010 Equity Incentive Award Plan (the “Plan”), hereby grants to the individual listed below (“Participant”) the number of shares of the Company’s Stock (the “Shares”) set forth below. This Restricted Stock award (the “Award”) is subject to all of the terms and conditions as set forth herein and in the Restricted Stock Award Agreement attached hereto as Exhibit A (the “Restricted Stock Agreement”) and the Plan, which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Restricted Stock Agreement.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2011 • Excel Trust, Inc. • Real estate investment trusts • California
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), effective as of March 7, 2011, is entered into by and among Excel Trust, Inc., a Maryland corporation (the “REIT”), Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), and James Y. Nakagawa (the “Executive”).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FAISON-BRANDYWINE, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY “SELLER” AND EXCEL TRUST, L.P., A DELAWARE LIMITED PARTNERSHIP “BUYER” SEPTEMBER 3, 2010Purchase and Sale Agreement • September 9th, 2010 • Excel Trust, Inc. • Real estate investment trusts • Maryland
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 4th, 2010 • Excel Trust, Inc. • Real estate investment trusts • California
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of May 4, 2010, is entered into by and among Excel Trust, Inc., a Maryland corporation (the “Company”), Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), and the contributors whose names are set forth on the signature pages hereto (each a “Contributor” and collectively, the “Contributors”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 20, 2012 by and among EXCEL TRUST, L.P.,Credit Agreement • July 25th, 2012 • Excel Trust, Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of July 20, 2012 by and among EXCEL TRUST, L.P., a limited partnership formed under the laws of the State of Delaware (the “Borrower”), EXCEL TRUST, INC., a corporation formed under the laws of the State of Maryland (the “Parent”), WELLS FARGO SECURITIES, LLC and KEYBANC CAPITAL MARKETS, INC. as Joint Lead Arrangers (each a “Joint Lead Arranger”) and Joint Bookrunners (each a “Joint Bookrunner”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6. (the “Lenders”), WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), KEYBANK NATIONAL ASSOCIATION, as Syndication Agent (the “Syndication Agent”) and US BANK, NATIONAL ASSOCIATION, PNC BANK, NATIONAL ASSOCIATION and UNION BANK, N.A., as Documentation Agents (the “Documentation Agents”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EXCEL TRUST, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE...Limited Partnership Agreement • February 2nd, 2012 • Excel Trust, Inc. • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EXCEL TRUST, L.P., dated as of January 31, 2012, is entered into by and among Excel Trust, Inc., a Maryland corporation (the “Company”), as the General Partner, and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.
CONTRIBUTION AGREEMENT (Common Stock) by and between Gary B. Sabin and Excel Trust, Inc. a Maryland corporation Dated as of December 24, 2009Contribution Agreement • March 5th, 2010 • Excel Trust, Inc. • Real estate investment trusts • California
THIS CONTRIBUTION AGREEMENT (including all exhibits and schedules, this “Agreement”) is made and entered into as of December 24, 2009 by and between Excel Trust, Inc., a Maryland corporation (the “Company”), Gary B. Sabin (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Agreement the term “Contributor” shall include Mr. Sabin and the Contributor Entity, to the extent of Mr. Sabin’s equity interest therein).
11,000,000 Shares EXCEL TRUST, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • June 25th, 2014 • Excel Trust, Inc. • Real estate investment trusts • New York
Excel Trust, Inc., a Maryland corporation (the “Company”), and Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its agreement with Barclays Capital Inc. and Raymond James & Associates, Inc., as representatives (the “Representatives”) of the several Underwriters named in Schedule I hereto (the “Underwriters”), with respect to the proposed issuance and sale of 11,000,000 shares of the Company’s common stock, par value $0.01 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 1,650,000 shares of its common stock, par value $0.01 per share (the “Additional Shares”) if and to the extent that you, as Representatives of the Underwriters, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively
AMENDED AND RESTATED SALES AGREEMENTSales Agreement • May 2nd, 2013 • Excel Trust, Inc. • Real estate investment trusts • New York
EXCEL TRUST, INC., a Maryland corporation (the “Company”), and EXCEL TRUST, L.P., a Delaware limited partnership (the “Partnership”), confirm their respective agreements with BARCLAYS CAPITAL INC. (“Barclays”) as follows:
REAL ESTATE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • April 7th, 2011 • Excel Trust, Inc. • Real estate investment trusts • California
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is made and entered as of the 9th of December, 2010 (the “Effective Date”), by and between Lakha Properties – Gilroy, LLC, a Delaware limited liability company, referred to herein as “Seller,” and Excel Trust, L.P., a Delaware limited partnership and/or (subject to Section 16.3 hereof) its assignees, collectively referred to herein as “Buyer.” (Each of Seller and/or Buyer may hereinafter be individually referred to as a “Party” and collectively referred to as the “Parties”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 8th, 2010 • Excel Trust, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of December 3, 2010 by and among EXCEL TRUST, L.P. (the “Borrower”), EXCEL TRUST, INC. (the “Parent”), each of the Lenders party hereto (each a “Consenting Lender”), and WELLS FARGO BANK, as Administrative Agent (the “Administrative Agent”).
March 9, 2012 Excel Trust, Inc. 17140 Bernardo Center Drive, Suite 300 San Diego, California 92128Sales Contracts • March 9th, 2012 • Excel Trust, Inc. • Real estate investment trusts
Re: Excel Trust, Inc., a Maryland corporation (the “Company”) – Issuance and sale of shares of common stock, par value $0.01 per share (“Common Stock”), of the Company having an aggregate offering price of up to $50,000,000 (the “Shares”) to be issued and sold from time to time pursuant to the sales agreements dated as of March 9, 2012, by and among the Company, Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), and each of Cantor Fitzgerald & Co., Barclays Capital Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated and Wells Fargo Securities, LLC, as agents and/or principals (collectively, the “Agreements”), and pursuant to a Registration Statement on Form S-3 (Registration No. 333-174020) declared effective by the United States Securities and Exchange Commission (the “Commission”) on or about June 14, 2011, as amended to date (the “Registration Statement”)
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (OP Units)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), Mark T. Burton (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Mr. Burton and the Contributor Entity, to the extent of Mr. Burton’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN WEST BROAD VILLAGE III, LLC, A FLORIDA LIMITED LIABILITY COMPANY WEST BROAD VILLAGE V, LLC, A FLORIDA LIMITED LIABILITY COMPANY COLLECTIVELY, “SELLER” AND EXCEL TRUST, L.P., A DELAWARE...Purchase and Sale Agreement • October 19th, 2012 • Excel Trust, Inc. • Real estate investment trusts • Florida
All fixtures, trade fixtures, vehicles, machinery, appliances, tools, signs, equipment, systems, telephone equipment and systems, computer equipment and systems, satellite dishes and related equipment and systems, security equipment and systems, inventories, supplies and all other items of tangible and intangible personal property located on or used in connection with the ownership and/or operation of the real property described in Exhibit “B” to this Bill of Sale.
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (Common Stock)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, Inc., a Maryland corporation (the “Company”), Excel Realty Fund, LP, a Delaware limited partnership (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Excel Realty Fund, LP and the Contributor Entity, to the extent of Excel Realty Fund, LP’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN DELLA ROAD DEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND EXCEL TRUST, L.P., A DELAWARE LIMITED PARTNERSHIP May 31, 2012Purchase and Sale Agreement • October 19th, 2012 • Excel Trust, Inc. • Real estate investment trusts • Florida
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of the 9th day of October, 2012 to be effective as of the 31st day of May, 2012, by and between DELLA ROAD DEVELOPMENT, LLC, a Florida limited liability company (“Seller”), and EXCEL TRUST, L.P., a Delaware limited partnership, or its permitted assignee (“Buyer”), each of whom shall sometimes separately be referred to herein as a “Party” and all of whom shall sometimes collectively referred to herein as the “Parties,” and constitutes: (a) a binding purchase and sale agreement between Seller and Buyer; and (b) joint escrow instructions to Escrow Agent whose consent appears at the end of this Agreement.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 8th, 2010 • Excel Trust, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of September 8, 2010 by and among EXCEL TRUST, L.P. (the “Borrower”), EXCEL TRUST, INC. (the “Parent”), each of the Lenders party hereto, and WELLS FARGO BANK, as Administrative Agent (the “Administrative Agent”).
RELEASE AGREEMENT AND COVENANT NOT TO SUERelease Agreement • September 3rd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS RELEASE AGREEMENT AND COVENANT NOT TO SUE (this “Agreement”) is made as of August 30, 2010 (the “Execution Date”) by and between AIG BAKER VESTAVIA, L.L.C., a Delaware limited liability company (“Borrower”), AIG/BAKER PARTNERSHIP, a Delaware general partnership (“Guarantor”), and EXCEL VESTAVIA LLC, a Delaware limited liability company (“Purchaser”).
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (OP Units)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), Excel Centre Inc., a California corporation (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Excel Centre Inc. and the Contributor Entity, to the extent of Excel Centre Inc.’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • March 1st, 2012 • Excel Trust, Inc. • Real estate investment trusts • Arizona
Promenade Corporate Center, The Promenade and The Promenade at Frank Lloyd Wright Boulevard and all trademarks, logos and other intellectual property associated with Promenade Corporate Center, The Promenade and The Promenade at Frank Lloyd Wright Boulevard
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 31st, 2011 • Excel Trust, Inc. • Real estate investment trusts • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of January 28, 2011, is entered into by and among Excel Trust, Inc., a Maryland corporation (the “Company”) and Stifel, Nicolaus & Company, Incorporated and Raymond James & Associates, Inc. (the “Initial Purchasers”) for the benefit of themselves and the Holders (as defined below).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN BAY HILL FOUNTAINS, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY “SELLER” AND EXCEL TRUST, L.P., A DELAWARE LIMITED PARTNERSHIP “BUYER” May 31, 2012Purchase and Sale Agreement • October 19th, 2012 • Excel Trust, Inc. • Real estate investment trusts • Florida
All fixtures, trade fixtures, vehicles, machinery, appliances, tools, signs, equipment, systems, telephone equipment and systems, computer equipment and systems, satellite dishes and related equipment and systems, security equipment and systems, inventories, supplies and all other items of tangible and intangible personal property located on or used in connection with the ownership and/or operation of the real property described in Exhibit “B” to this Bill of Sale.
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN LAKE BURDEN/OVERSTREET I, LLC A FLORIDA LIMITED LIABILITY COMPANY MAGUIRE SHOPPES, LLC A FLORIDA LIMITED LIABILITY COMPANY MAGUIRE SHOPPES II, LLC A FLORIDA LIMITED LIABILITY COMPANY...Purchase and Sale Agreement • October 19th, 2012 • Excel Trust, Inc. • Real estate investment trusts • Florida
All fixtures, trade fixtures, vehicles, machinery, appliances, tools, signs, equipment, systems, telephone equipment and systems, computer equipment and systems, satellite dishes and related equipment and systems, security equipment and systems, inventories, supplies and all other items of tangible and intangible personal property located on or used in connection with the ownership and/or operation of the real property described in Exhibit “B” to this Bill of Sale.
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (OP Units)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), James Y. Nakagawa (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Mr. Nakagawa and the Contributor Entity, to the extent of Mr. Nakagawa’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • June 4th, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“First Amendment”), is entered into this 19th day of May by CNLRS ROCKWALL, L.P., a Texas limited partnership (“Seller”), and EXCEL TRUST, L.P., a Delaware limited partnership (“Buyer”), and constitutes an amendment to that certain Purchase and Sale Agreement and Joint Escrow Instructions, made and entered into as of May 6, 2010, by and between Seller and Buyer (“Original Agreement”).
LOAN PURCHASE AGREEMENTLoan Purchase Agreement • September 3rd, 2010 • Excel Trust, Inc. • Real estate investment trusts • Alabama
THIS LOAN PURCHASE AGREEMENT (this “Agreement”) is executed as of August 30, 2010, between PROPST VESTAVIA LLC., a Delaware limited liability company (“Seller”), and EXCEL VESTAVIA LLC, a Delaware limited liability company (“Purchaser”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2011 • Excel Trust, Inc. • Real estate investment trusts • California
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), effective as of March 7, 2011, is entered into by and among Excel Trust, Inc., a Maryland corporation (the “REIT”), Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), and Mark T. Burton (the “Executive”).
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (Common Stock)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, Inc., a Maryland corporation (the “Company”), Gary B. Sabin (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Mr. Sabin and the Contributor Entity, to the extent of Mr. Sabin’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 31st, 2010 • Excel Trust, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT is made and entered into this day of , 2010 (this “Agreement”), by and between Excel Trust, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (OP Units)Contribution Agreement • April 22nd, 2010 • Excel Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (the “Amendment”) is made and entered into as of April 21, 2010 by and among Excel Trust, L.P., a Delaware limited partnership (the “Operating Partnership”), S. Eric Ottesen (“Contributor”) and the entity or entities set forth on the signature page hereto (each a “Contributor Entity,” and for purposes of this Amendment the term “Contributor” shall include Mr. Ottesen and the Contributor Entity, to the extent of Mr. Ottesen’s equity interest therein). Capitalized terms used herein, but not otherwise defined, shall have the meaning set forth in the Contribution Agreement (as defined below).
