AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of December 12, 2018 among BRIXMOR OPERATING PARTNERSHIP LP The Lenders Party Hereto JPMORGAN CHASE BANK, N.A., as Administrative Agent PNC BANK, NATIONAL ASSOCIATION and RBC CAPITAL MARKETS, as...Term Loan Agreement • February 11th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
AMENDED AND RESTATED TERM LOAN AGREEMENT (this “Agreement”) dated as of December 12, 2018, among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
BRIXMOR OPERATING PARTNERSHIP LP, as Issuer - and - THE BANK OF NEW YORK MELLON, as TrusteeIndenture • January 21st, 2015 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
INDENTURE, dated as of January 21, 2015 (the “Indenture”), between: BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 420 Lexington Avenue, New York, New York 10170, as issuer, and THE BANK OF NEW YORK MELLON, as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).
EMPLOYMENT AGREEMENT (Brian Finnegan)Employment Agreement • February 13th, 2017 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
EMPLOYMENT AGREEMENT (the “Agreement”) dated December 5, 2014 by and between Brixmor Property Group, Inc. (the “Company”) and Brian Finnegan (“Executive”).
BRIXMOR OPERATING PARTNERSHIP LP 5.750% Senior Notes due 2035 UNDERWRITING AGREEMENTUnderwriting Agreement • May 28th, 2024 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
BRIXMOR PROPERTY GROUP INC. 42,400,000 Shares Common Stock ($0.01 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • August 12th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
Brixmor Property Group Inc., a corporation organized under the laws of the State of Maryland (the “Company”), Brixmor Operating Partnership L.P., a Delaware Limited Partnership, and each of the Selling Stockholders named in Schedule II hereto (collectively, the “Selling Stockholders”) confirm their respective agreements with you and each of the other Underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, with respect to the sale by the Selling Stockholders, and the purchase by the Underwriters, acting severally and not jointly, of 42,400,000 shares of common stock, $0.01 par value per share (“Common Stock”) of the Company (said shares to be sold by the Selling Stockholders being hereinafter called the “Securities”).
AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of April 28, 2022 among BRIXMOR OPERATING PARTNERSHIP LP The Lenders Party Hereto WELLS FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent JPMORGAN CHASE BANK, N.A. and BANK OF AMERICA, N.A. as...Term Loan Agreement • May 2nd, 2022 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 2nd, 2022 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • February 11th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Agreement”) dated as of December 12, 2018, among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
BRIXMOR PROPERTY GROUP INC. RESTRICTED STOCK UNIT AGREEMENT (TRSUs, PRSUs, and OPRSUs)Restricted Stock Unit Agreement • February 12th, 2024 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”) dated as of the Effective Date set forth in the Award Certificate attached hereto (the “Award Certificate”) is made by and between Brixmor Property Group Inc. (together with its Subsidiaries and any successors thereto, the “Company”) and the Participant set forth in the Award Certificate. The Award Certificate is included with and made part of this Agreement. In this Agreement and each Award Certificate, unless the context otherwise requires, words and expressions shall have the meanings given to them in the Plan, except as herein defined.
EMPLOYMENT AGREEMENTEmployment Agreement • February 13th, 2017 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
EMPLOYMENT AGREEMENT (the “Agreement”), dated May 11, 2016, by and between Brixmor Property Group Inc. (the “Company”) and Mark Horgan (“Executive”).
SEPARATION AGREEMENT AND RELEASESeparation Agreement • February 8th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This Separation Agreement and Release (“Agreement”) is made and entered into this 7th day of February, 2016 (the “Effective Date”), by and among Brixmor Property Group, Inc., a Maryland corporation (“Brixmor”), and Michael Carroll (“Executive”) (collectively, the “Parties” or each individually a “Party”).
FORM OF EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 1st, 2022 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
Brixmor Property Group Inc., a corporation organized under the laws of the State of Maryland (the “Company”), and Brixmor Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), confirm their joint and several agreement with [[●] (in its capacity as purchaser under any Forward Contract (as defined in Section 19 below), the “Forward Purchaser”) and] [●] (in its capacity as agent for the Company and/or principal under any Terms Agreement (as defined in Section 1(a) below) in connection with the offering and sale of any Issuance Shares (as defined below) hereunder, the “Subject Agent” and, in its capacity as agent for the Forward Purchaser in connection with the offering and sale of any Forward Hedge Shares (as defined in Section 19 below) hereunder, the “Forward Seller”), with respect to the offering and sale from time to time, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of up to
BRIXMOR PROPERTY GROUP INC. RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • April 26th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”) dated as of the Effective Date set forth in the Award Certificate (the “Award Certificate”) is made by and between Brixmor Property Group Inc. (together with its Subsidiaries, the “Company”) and the Participant. The Award Certificate is included with and made part of this Agreement. In this Agreement and each Award Certificate, unless the context otherwise requires, words and expressions shall have the meanings given to them in the Plan, except as herein defined.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 30th, 2024 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”), dated July 24, 2024, by and between Brixmor Property Group Inc. (the “Company”) and Brian Finnegan (“Executive”).
AMENDMENT NO. 1 TO AMENDED AND RESTATEDTerm Loan Agreement • May 1st, 2020 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 1 TO AMENDED AND RESTATED TERM LOAN AGREEMENT, dated as of April 29, 2020 (this “Amendment No. 1”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Amended and Restated Term Loan Agreement, dated as of December 12, 2018 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
DIRECTOR RESTRICTED STOCK AWARD AGREEMENTDirector Restricted Stock Award Agreement • February 13th, 2023 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIS DIRECTOR RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”), which is made effective as of the date set forth on the signature page (the “Signature Page”) attached hereto (the “Date of Grant”), is between Brixmor Property Group Inc. (together with its successors and assigns, the “Company”) and the participant identified on the Signature Page attached hereto (the “Participant”).
BRIXMOR OPERATING PARTNERSHIP LP LTIP UNIT AGREEMENTLtip Unit Agreement • April 27th, 2015 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIS LTIP UNIT AGREEMENT (this “Agreement”) dated as of the Effective Date set forth in the Award Certificate (the “Award Certificate”) is made by and between Brixmor Operating Partnership LP (the “Partnership”) and Brixmor Property Group Inc. (together with its Subsidiaries, the “Company”), and the Participant. The Award Certificate is included with and made part of this Agreement. In this Agreement and each Award Certificate, unless the context otherwise requires, words and expressions shall have the meanings given to them in the Plan, except as herein defined.
EMPLOYMENT AGREEMENT (Barry Lefkowitz)Employment Agreement • February 16th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
EMPLOYMENT AGREEMENT (the “Agreement”) dated February 15, 2016 by and between Brixmor Property Group, Inc. (the “Company”) and Barry Lefkowitz (“Executive”) (collectively, the “Parties” or each individually a “Party”).
BRIXMOR OPERATING PARTNERSHIP LP AS ISSUER AND THE BANK OF NEW YORK MELLON AS TRUSTEE TENTH SUPPLEMENTAL INDENTURE Dated as of March 5, 2021 $350,000,000 2.250% SENIOR NOTES DUE 2028 SUPPLEMENT TO INDENTURE DATED AS OF JANUARY 21, 2015, BETWEEN...Tenth Supplemental Indenture • March 5th, 2021 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
TENTH SUPPLEMENTAL INDENTURE, dated as of March 5, 2021 (this “Tenth Supplemental Indenture”), between BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 450 Lexington Avenue, New York, New York 10017, and THE BANK OF NEW YORK MELLON, as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” Paying Agent” and “Transfer Agent,” respectively), which supplements that certain Indenture, dated as of January 21, 2015, by and between the Operating Partnership and the Trustee (the “Base Indenture”).
REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • May 1st, 2020 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of April 29, 2020 (this “Amendment No. 1”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Second Amended and Restated Revolving Credit and Term Loan Agreement, dated as of December 12, 2018 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
AMENDMENT NO. 1 TO TERM LOAN AGREEMENTTerm Loan Agreement • February 11th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 1 TO TERM LOAN AGREEMENT, dated as of December 12, 2018 (this “Amendment No. 1”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Term Loan Agreement, dated as of July 28, 2017 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
AMENDMENT NO. 1 TO AMENDED AND RESTATED TERM LOAN AGREEMENTTerm Loan Agreement • February 13th, 2023 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 1 TO AMENDED AND RESTATED TERM LOAN AGREEMENT, dated as of July 7, 2022 (this “Amendment No. 1”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Amended and Restated Term Loan Agreement, dated as of April 28, 2022 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 29th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (“Second Amendment”) is effective this 26th day of April, 2019 by and between Brixmor Property Group, Inc. (the “Company”) and Steven Siegel (“Executive”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • September 29th, 2023 • Brixmor Operating Partnership LP • Real estate investment trusts
This AMENDMENT TO EMPLOYMENT AGREEMENT (“Amendment”) is effective this 27th day of September, 2023 (the “Effective Date”) by and between Brixmor Property Group Inc. (the “Company”) and Brian Finnegan (“Executive”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • April 29th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“First Amendment”) is effective this 26th day of February, 2019 by and between Brixmor Property Group, Inc. (the “Company”) and Steven Siegel (“Executive”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BRIXMOR OPERATING PARTNERSHIP LP a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTEREDLimited Partnership Agreement • October 28th, 2019 • Brixmor Operating Partnership LP • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BRIXMOR OPERATING PARTNERSHIP LP, dated as of October 28, 2019, is made and entered into by and among Brixmor OP GP LLC, a Delaware limited liability company, as the General Partner, BPG Subsidiary Inc., a Delaware corporation, as a Limited Partner, BPG Sub LLC, a Delaware limited liability company, as a Limited Partner, and any Additional Limited Partner that is admitted from time to time to the Partnership and listed in the books and records of the Partnership. This Agreement shall be effective at the Effective Time.
EMPLOYMENT AGREEMENT (Michael Hyun)Employment Agreement • February 29th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
EMPLOYMENT AGREEMENT (the “Agreement”) dated October 19, 2015 by and between Brixmor Property Group, Inc. (the “Company”) and Michael Hyun (“Executive”).
AMENDMENT NO. 1 TO THE NINTH SUPPLEMENTAL INDENTURENinth Supplemental Indenture • August 20th, 2020 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
THIS AMENDMENT NO. 1, dated as of August 20, 2020 (this “Amendment No. 1”), between Brixmor Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”) having its principal executive office located at 450 Lexington Avenue, New York, New York 10017, and The Bank of New York Mellon, as trustee under the Indenture referred to below (the “Trustee”), amends that certain Ninth Supplemental Indenture, dated as of June 10, 2020, between the Operating Partnership and the Trustee (the “Ninth Supplemental Indenture”), which Ninth Supplemental Indenture supplements that certain indenture, dated as of January 21, 2015, by and between the Operating Partnership and the Trustee (the “Base Indenture”).
AMENDMENT NO. 2 TO TERM LOAN AGREEMENTTerm Loan Agreement • July 25th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 2 TO TERM LOAN AGREEMENT, dated as of July 25, 2016 (this “Amendment No. 2”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Term Loan Agreement, dated as of March 18, 2014, as amended by Amendment No. 1 dated as of February 5, 2015 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
BRIXMOR OPERATING PARTNERSHIP LP AS ISSUER AND THE BANK OF NEW YORK MELLON AS TRUSTEE NINTH SUPPLEMENTAL INDENTURE Dated as of June 10, 2020 $500,000,000 4.050% SENIOR NOTES DUE 2030 SUPPLEMENT TO INDENTURE DATED AS OF JANUARY 21, 2015, BETWEEN...Ninth Supplemental Indenture • June 10th, 2020 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
NINTH SUPPLEMENTAL INDENTURE, dated as of June 10, 2020 (this “Ninth Supplemental Indenture”), between BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 450 Lexington Avenue, New York, New York 10017, and THE BANK OF NEW YORK MELLON (the “Trustee”), which supplements that certain Indenture, dated as of January 21, 2015, by and between the Operating Partnership and the Trustee (the “Base Indenture”).
FORM OF EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • June 9th, 2015 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
sold pursuant to the Equity Distribution Agreements shall not exceed the Maximum Amount. This opinion letter is furnished to you pursuant to the requirements set forth in Section 5(a)(i) of the Equity Distribution Agreements in connection with the sale of securities thereunder. Capitalized terms used herein which are defined in the Equity Distribution Agreements shall have the meanings set forth in the Equity Distribution Agreements, unless otherwise defined herein (including Schedule 1 attached hereto). Certain other capitalized terms used herein which are defined on Schedule 1 attached hereto shall have the meanings set forth in Schedule 1 attached hereto.
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • July 25th, 2016 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This Separation Agreement and General Release (hereinafter referred to as “Agreement”) is made by and between Barry Lefkowitz (hereinafter referred to as “Employee” or “You”) and Brixmor Property Group Inc. and its subsidiaries and their respective successors and assigns and each of their respective employees, officers, directors, shareholders and agents (collectively referred to hereinafter as “Brixmor”).
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 4th, 2021 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“First Amendment”) is effective this 2nd day of February 2021 by and between Brixmor Property Group Inc. (the “Company”) and James Taylor (“Executive”).
AMENDMENT NO. 1 TO REVOLVING CREDIT AND TERM LOAN AGREEMENTRevolving Credit and Term Loan Agreement • February 9th, 2015 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
This AMENDMENT NO. 1 TO REVOLVING CREDIT AND TERM LOAN AGREEMENT, dated as of February 5, 2015 (this “Amendment No. 1”), is by and among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”). Reference is made to that certain Revolving Credit and Term Loan Agreement, dated as of July 16, 2013 (the “Credit Agreement”), by and among the Borrower, the Lenders referenced therein and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement, as amended hereby.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • January 21st, 2015 • Brixmor Operating Partnership LP • Real estate investment trusts • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of January 21, 2015 (this “First Supplemental Indenture”), among BRIXMOR OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Operating Partnership”), having its principal executive office located at 420 Lexington Avenue, New York, New York 10170; BRIXMOR OP GP LLC, a Delaware limited liability company (the “General Partner”), and BPG SUBSIDIARY INC., a Delaware corporation (the “Special Limited Partner,” and with the General Partner, the “Possible Future Guarantors”), each having its principal executive office located at 420 Lexington Avenue, New York, New York 10170; and THE BANK OF NEW YORK MELLON (the “Trustee”), supplements that certain Indenture, dated as of January 21, 2015, by and between the Operating Partnership and the Trustee (the “Base Indenture,” and together with this First Supplemental Indenture, the “Indenture”).
