INDEMNIFICATION AGREEMENTIndemnification Agreement • October 12th, 2011 • Wheeler Real Estate Investment Trust, Inc. • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 20 , by and between Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WHEELER REAL ESTATE INVESTMENT TRUST, L.P. a Virginia limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES...Limited Partnership Agreement • March 19th, 2012 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WHEELER REAL ESTATE INVESTMENT TRUST, L.P., dated as of [ ], 2012, is made and entered into by and among WHEELER REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, as the General Partner, and the Persons whose names are set forth on Exhibit A attached hereto, as limited partners, and any Additional Limited Partner that is admitted from time to time to the Partnership and listed on Exhibit A attached hereto.
WHEELER REAL ESTATE INVESTMENT TRUST, INC. FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • September 1st, 2023 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”), effective as of [DATE] (the “Effective Date”), by and between Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and [DIRECTOR/OFFICER] (“Indemnitee”).
CREDIT AGREEMENT DATED AS OF MAY 29, 2015 by and among WHEELER REIT, L.P., AS BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS AGREEMENT, KEYBANK NATIONAL...Credit Agreement • June 2nd, 2015 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS CREDIT AGREEMENT is made as of the 29th day of May, 2015, by and among WHEELER REIT, L.P., a Virginia limited partnership (“Borrower”), the Guarantors party hereto from time to time, KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto pursuant to §18, KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Agent”), and KEYBANC CAPITAL MARKETS, as Sole Lead Arranger and Sole Book Runner.
WHEELER REAL ESTATE INVESTMENT TRUST, INC. Public Offering of Shares of Common Stock Maximum: 4,000,000 Shares Minimum: 3,000,000 Shares PLACEMENT AGREEMENTPlacement Agreement • December 7th, 2012 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
The undersigned, Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), hereby confirms its agreement with you (unless otherwise defined herein, the term “you” shall collectively refer to the Placement Agents) as follows:
LOAN AGREEMENTLoan Agreement • July 8th, 2022 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of July 6, 2022 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this "Agreement"), between CITI REAL ESTATE FUNDING INC., having an address at 388 Greenwich Street, 6th Floor, New
144,000 Units WHEELER REAL ESTATE INVESTMENT TRUST, INC. Units, Each of Which Consists of Five Shares of Series B Preferred Stock and Six Warrants to Purchase Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • September 12th, 2014 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions contained herein, to sell to you and the other underwriters named on Schedule I to this Agreement (the “Underwriters”), for whom Maxim Group LLC (“Maxim”) is acting as Representative (the “Representative,” “you” or similar terminology), an aggregate of 144,000 units (the “Firm Units”), each of which consists of five shares of the Company’s Series B Preferred Stock, without par value per share (the “Series B Preferred Stock”), and six warrants (the “Warrants”) with the right to purchase the Company’s common stock, $0.01 par value per share (the “Common Stock”). The respective numbers of the Firm Units to be purchased by each of the several Underwriters are set forth opposite their names on Schedule I hereto. In addition, the Company proposes to grant to the Underwriters an option to purchase up to an additional 108,000 shares of Series B Preferred Stock (the
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WHEELER REAL ESTATE INVESTMENT TRUST, L.P. a Virginia limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES...Agreement of Limited Partnership • August 20th, 2014 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WHEELER REAL ESTATE INVESTMENT TRUST, L.P., dated as of November 16, 2012, is made and entered into by and among WHEELER REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, as the General Partner, and the Persons whose names are set forth on Exhibit A attached hereto, as limited partners, and any Additional Limited Partner that is admitted from time to time to the Partnership and listed on Exhibit A attached hereto.
1,303,000 Shares WHEELER REAL ESTATE INVESTMENT TRUST, INC. Series D Cumulative Convertible Preferred Stock UNDERWRITING AGREEMENTUnderwriting Agreement • January 12th, 2018 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and Wheeler REIT, L.P., a Virginia limited partnership for which the Company is the sole general partner (the “Operating Partnership” and together with the Company, the “Transaction Entities”), agree with Ladenburg Thalmann & Co. Inc., as the representative (the “Representative”) of the several Underwriters named in Schedule A hereto (collectively, the “Underwriters”) to issue and sell to the several Underwriters 1,303,000 shares (the “Firm Shares”) of its Series D Cumulative Convertible Preferred Stock, without par value per share, of the Company (the “Series D Preferred Stock”), and also proposes to issue and sell to the Underwriters, at the option of the Underwriters, an aggregate of not more than 195,450 additional shares of its Series D Preferred Stock (the “Optional Shares”) as set forth below. The Firm Shares and the Optional Shares are herein collectively called the “Offered Shares.”
ESCROW AGREEMENTEscrow Agreement • March 19th, 2012 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
This Escrow Agreement (this “Agreement”) is made and entered into as of the day of , 2012, by and among WELLINGTON SHIELDS & CO., LLC, a limited liability company and CAPITOL SECURITIES MANAGEMENT, INC., a corporation (individually and collectively, the “Placement Agent”), WHEELER REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (the “Company”), and SUNTRUST BANK, a Georgia banking corporation (the “Escrow Agent”).
MANAGEMENT AGREEMENT among WHEELER REAL ESTATE INVESTMENT TRUST, INC. WHEELER REAL ESTATE INVESTMENT TRUST, L.P. and WHLR MANAGEMENT, LLC Dated as of November 16, 2012Management Agreement • August 20th, 2014 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS MANAGEMENT AGREEMENT dated as of November 16, 2012, among Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Trust”), Wheeler Real Estate Investment Trust, L.P., a Virginia limited partnership (the “Operating Partnership”), and WHLR Management, LLC, a Virginia limited liability company (the “Manager”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • December 21st, 2015 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
THIS PURCHASE AND SALE AGREEMENT (the “Contract”) is made as of this 17th day of December, 2015 (the “Effective Date”) by and between Riverbridge, LTD., a Georgia limited partnership, (the “Seller”), and WHLR-Riverbridge Shopping Center, LLC, a Delaware limited liability company, or assigns (the “Purchaser”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 20th, 2018 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made as of February 14, 2018, between Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”) on its behalf and on behalf of its subsidiaries, including Wheeler REIT, L.P., a Virginia limited partnership, and Matthew Reddy (the “Executive”).
PURCHASE AND SALE AGREEMENT AMONG SOUTH SQUARE ASSOCIATES, LLC; CLOVER PLAZA ASSOCIATES, LLC; WATERWAY PLAZA ASSOCIATES, LLC; WESTLAND SQUARE ASSOCIATES, LLC; AND ST. GEORGE PLAZA ASSOCIATES, LLC, AS SELLER; AND WHEELER REIT, L.P., AS BUYER DATE:...Purchase and Sale Agreement • December 27th, 2013 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • South Carolina
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of the 23rd day of December, 2013 (the “Effective Date”) by and among SOUTH SQUARE ASSOCIATES, LLC; CLOVER PLAZA ASSOCIATES, LLC; WATERWAY PLAZA ASSOCIATES, LLC; WESTLAND SQUARE ASSOCIATES, LLC; and ST. GEORGE PLAZA ASSOCIATES, LLC, each a Virginia limited liability company (individually and collectively, the “Seller”), and WHEELER REIT, L.P., a Virginia limited partnership (or its assignees pursuant to Section 9.1) (the “Buyer”).
CONTRIBUTION AND SUBSCRIPTION AGREEMENT WHEELER REIT, L.P.Contribution and Subscription Agreement • November 16th, 2016 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THE UNITS ACQUIRED HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, STATE SECURITIES LAWS OR THE LAWS OF ANY COUNTRY OUTSIDE THE UNITED STATES. ISSUANCE OF THE UNITS IS MADE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION. THE UNITS CANNOT BE SOLD, ASSIGNED OR OTHERWISE TRANSFERRED UNLESS THEY ARE REGISTERED IN COMPLIANCE WITH FEDERAL AND STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION THEREFROM.
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF DECEMBER 21, 2017 by and among WHEELER REIT, L.P., AS BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS...Credit Agreement • December 22nd, 2017 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT is made as of the 21st day of December, 2017, by and among WHEELER REIT, L.P., a Virginia limited partnership (“Borrower”), the Guarantors party hereto from time to time, KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto pursuant to §18, KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Agent”), and KEYBANC CAPITAL MARKETS, as Sole Lead Arranger and Sole Book Runner.
EMPLOYMENT AGREEMENTEmployment Agreement • October 30th, 2014 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
This Employment Agreement (“Agreement”) is made as of October 24, 2014 between Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (“Employer”), and Steven M. Belote (“Employee”).
FINANCING AGREEMENTFinancing Agreement • March 12th, 2021 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
Financing Agreement, dated as of March 12, 2021, by and among Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Borrower”), each subsidiary listed as a “Guarantor” on the signature pages hereto (together with each other Person that executes a joinder agreement and becomes a “Guarantor” hereunder, each a “Guarantor” and collectively, the “Guarantors”), the lenders from time to time party hereto (each a “Lender” and, collectively, the “Lenders”), Wilmington Savings Fund Society, FSB, as collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”), and Wilmington Savings Fund Society, FSB, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, the “Administrative Agent” and, together with the Collateral Agent, each an “Agent” and, collectively, the “Agents”).
PARTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENTPartial Assignment of Purchase and Sale Agreement • December 27th, 2013 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS PARTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENT made as of the 23rd day of December, 2013, by and between WHEELER INTERESTS, LLC, a Virginia limited partnership (the “Assignor”), and WHLR-CLOVER LLC, a Delaware limited liability company (the “Assignee”).
TERM LOAN AGREEMENTTerm Loan Agreement • October 31st, 2022 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This Term Loan Agreement (this “Agreement”) is entered into as of October 28, 2022 between THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO (collectively, the “Borrower”), and GUGGENHEIM REAL ESTATE, LLC, a Delaware limited liability company (“Lender”). The following recitals form the basis and are a material part of this Agreement:
FOURTEENTH AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • January 9th, 2018 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FOURTEENTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made as of the 19th day of December, 2017, by and between JANAF SHOPPING CENTER, LLC, a Delaware limited liability company (“JSC”), JANAF SHOPS, LLC, a Delaware limited liability company (“Shops”), JANAF HQ, LLC, a Virginia limited liability company (“JHQ”) and JANAF CROSSINGS, LLC, a Virginia limited liability company (“Crossings”) (collectively and each individually, “Seller”), and WHLR-JANAF, LLC, a Delaware limited liability company, or assigns (the “Purchaser”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYPurchase and Sale Agreement • September 8th, 2015 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (together with the Exhibits and Schedule attached hereto, this “Agreement”) is made this 2nd day of September, 2015, by and between LADDER CAPITAL FINANCE LLC and/or its assignee as permitted under this Agreement (“Buyer”), and WHLR-BIXBY COMMONS, LLC (“Seller”).
WHEELER REAL ESTATE INVESTMENT TRUST, INC. and COMPUTERSHARE TRUST COMPANY, N.A., as Trustee INDENTURE 6.00% Subordinated Convertible Notes due 2028 WHEELER REAL ESTATE INVESTMENT TRUST, INC. Dated [●], 2023 RECONCILIATION AND TIE BETWEEN TRUST...Indenture • January 5th, 2023 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
INDENTURE, dated as of [●], 2023 (this “Indenture”), among WHEELER REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (the “Company”), and COMPUTERSHARE TRUST COMPANY, N.A., a national association duly organized and existing under the laws of the United States, as trustee (together with its successors and assigns, in such capacity, the “Trustee”).
CONTRIBUTION AND SUBSCRIPTION AGREEMENT WHEELER REAL ESTATE INVESTMENT TRUST, L.P.Contribution and Subscription Agreement • March 19th, 2012 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THE UNITS ACQUIRED HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, STATE SECURITIES LAWS OR THE LAWS OF ANY COUNTRY OUTSIDE THE UNITED STATES. ISSUANCE OF THE UNITS IS MADE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION. THE UNITS CANNOT BE SOLD, ASSIGNED OR OTHERWISE TRANSFERRED UNLESS THEY ARE REGISTERED IN COMPLIANCE WITH FEDERAL AND STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION THEREFROM.
PARTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENTPartial Assignment of Purchase and Sale Agreement • December 27th, 2013 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS PARTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENT made as of the 23rd day of December, 2013, by and between WHEELER REIT, L.P., a Virginia limited partnership (the “Assignor”), and WHLR-WATERWAY LLC, a Delaware limited liability company (the “Assignee”).
REVERE HIGH YIELD FUND, LP WITH WHEELER REIT, LP TERM LOAN AGREEMENT Dated as of April 8, 2016Term Loan Agreement • April 12th, 2016 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS TERM LOAN AGREEMENT (this “Agreement”) dated as of April 8, 2016 between REVERE HIGH YIELD FUND, LP, a Delaware limited partnership having an office and place of business located at 2000 McKinney Avenue, Suite 2125, Dallas, Texas 75201 (the “Lender”) and WHEELER REIT, L.P., a Virginia limited partnership having an office and place of business located at 2529 Virginia Beach Boulevard, Virginia Beach, Virginia 23452 (the “Borrower”).
February 5, 2024 Stilwell Activist Investments, L.P. Stilwell Activist Fund, L.P. Stilwell Value Partners VII, L.P. Stilwell Associates, L.P. c/o Stilwell Value LLC Segundo PisoExcepted Holder Agreement • February 6th, 2024 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
Reference is hereby made to that certain Excepted Holder Agreement (the “Excepted Holder Agreement”) dated as of December 5, 2023, by and among Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), Stilwell Activist Investments, L.P., a Delaware limited partnership, Stilwell Activist Fund, L.P., a Delaware limited partnership, Stilwell Value Partners VII, L.P., a Delaware limited partnership, and Stilwell Associates, L.P., a Delaware limited partnership (each an “Investor” and, collectively, the “Investors”). Capitalized terms not defined herein shall have the meanings assigned thereto in the Excepted Holder Agreement.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 12th, 2015 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Illinois
THIS PURCHASE AND SALE AGREEMENT (“Contract”) is made as of this 11th day of November, 2015 (the “Effective Date”) by and between Romeoville, LLC, an Illinois limited liability company, (“Seller”), and WHLR-Highpoint Square, LLC, a Delaware limited liability company, or assigns (“Purchaser”).
guarantyGuaranty • August 25th, 2022 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
This Guaranty (hereinafter, the “Guaranty”) is given pursuant to the terms and conditions of that certain Loan Agreement, dated as of the date hereof (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Loan Agreement”), among Cedar Realty Trust Partnership, L.P. (the “Borrower”), the Lenders from time to time party thereto, and KeyBank National Association, as Administrative Agent (in such capacity as Administrative Agent, the “Agent”). Capitalized terms used herein and not otherwise specifically defined shall have the same meaning herein as in the Loan Agreement.
Wheeler Real Estate Investment Trust, Inc. and Computershare Inc. and Computershare Trust Company, N.A., Warrant Agent Warrant Agreement Dated as of April 25, 2014Warrant Agreement • April 29th, 2014 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
WARRANT AGREEMENT dated as of April 25, 2014 (this “Agreement”), between Wheeler Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), Computershare Inc., a Delaware corporation (“Computershare”) and its wholly owned subsidiary, Computershare Trust Company, N.A., a national banking association (collectively with Computershare, the “Warrant Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 23rd, 2018 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • Virginia
THIS REGISTRATION RIGHTS AGREEMENT, dated as of January 18, 2018 (this “Agreement”), by and between Janaf Shopping Center, LLC, a Delaware limited liability company (“Seller”), and Wheeler Real Estate Investment Trust, Inc. a Maryland corporation, or assigns (the “Company”).
AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WHEELER REIT, L.P. AMENDED DESIGNATION OF SERIES C MANDITORILY CONVERTIBLE PREFERRED UNITS April 13, 2015Amendment to the Amended and Restated Agreement of Limited Partnership • April 15th, 2015 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
Pursuant to the Amended and Restated Agreement of Limited Partnership of Wheeler REIT, L.P. (the “Partnership Agreement”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of the Series C Mandatorily Convertible Cumulative Perpetual Preferred Stock, without par value per share (the “Series C Preferred Stock”), of Wheeler Real Estate Investment Trust, Inc., a Maryland corporation, and the issuance to the General Partner of Series C Preferred Units (as defined below) in exchange for the contribution by the General Partner of the net proceeds from the issuance and sale of the Series C Preferred Stock to the Partnership:
LOAN AGREEMENT Dated as of May 5, 2023 By and between WHLR-ALEX CITY MARKETPLACE LLC, a Delaware limited liability company, WHLR-SUNSHINE SHOPPING PLAZA, LLC, a Delaware limited liability company, WHLR-PARKWAY PLAZA, LLC, a Delaware limited liability...Loan Agreement • August 8th, 2023 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), dated as of May 5, 2023 (the “Execution Date”), by and between INSURANCE STRATEGY FUNDING XXVIII, LLC, a Delaware limited liability company, having an address at c/o J.P. Morgan Asset Management, 277 Park Avenue, 23rd Floor, New York, New York 10172 (together with its successors and assigns, “Lender”) and each of WHLR-ALEX CITY MARKETPLACE LLC, a Delaware limited liability company, WHLR-SUNSHINE SHOPPING PLAZA, LLC, a Delaware limited liability company, WHLR-PARKWAY PLAZA, LLC, a Delaware limited liability company, WHLR-RIVERBRIDGE SHOPPING CENTER, LLC, a Delaware limited liability company, WHLR-HARRODSBURG MARKETPLACE LLC, a Delaware limited liability company, WHLR-CARDINAL PLAZA, LLC, a Delaware limited liability company, WHLR-FRANKLINTON SQUARE, LLC, a Delaware limited liability company, WHLR-NASHVILLE COMMONS, LLC, a Delaware limited liability company, WHLR-
TENANT IN COMMON INTERESTS PURCHASE AGREEMENTTenant in Common Interests Purchase Agreement • December 27th, 2013 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS TENANT IN COMMON INTERESTS PURCHASE AGREEMENT (the “Agreement”) effective as of the 2nd day of December, 2013 (“Effective Date”), is made by and among the parties identified on Schedule 1 attached hereto (collectively, “Seller”); WHEELER INTERESTS, LLC, a Virginia limited liability company (“Buyer”); and the parties identified on Schedule 2 attached hereto (collectively, the “Wheeler TICs”) (Seller and the Wheeler TICs are sometimes referred to collectively as the “Tenants in Common”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and upon the terms and subject to the conditions hereinafter set forth, the parties do hereby agree as follows:
LOAN AGREEMENT Dated as of August 22, 2022 Among CEDAR REALTY TRUST PARTNERSHIP, L.P. as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO KEYBANC CAPITAL MARKETS, as Lead Arranger and Bookrunner KEYBANK NATIONAL ASSOCIATION, as Administrative AgentLoan Agreement • August 25th, 2022 • Wheeler Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This agreement (this “Loan Agreement” or “Agreement”) is made and entered into as of August 22, 2022, by and between CEDAR REALTY TRUST PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”) and the several banks and other financial institutions as are, or may from time to time become parties to this Agreement (each a “Lender” and collectively, the “Lenders”), KEYBANC CAPITAL MARKETS, as Lead Arranger and Bookrunner, and KEYBANK NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”).
