1 EXHIBIT 10.52 EMPLOYMENT AGREEMENT THIS AGREEMENT (the "Agreement), effective as of the first day of July, 1991, by and between JOHN A. CAMPBELL (the "Employee") and THE PACIFIC LUMBER COMPANY, a Delaware corporation (the "Company"). W I T N E S S E...Employment Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum • California
1 EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT Dated December 23, 1996Registration Rights Agreement • December 24th, 1996 • Maxxam Inc • Primary production of aluminum • New York
EXECUTION COPY AMENDMENT NO. 2 TO THE CREDIT AGREEMENT, dated as of October 20, 2004 (this "Amendment"), among The Pacific Lumber Company, a Delaware corporation, and Britt Lumber Co., Inc., a California corporation (each, a "Borrower" and together,...Credit Agreement • November 15th, 2004 • Maxxam Inc • Primary production of aluminum • California
OMNIBUS AMENDMENT TO REVOLVING CREDIT AGREEMENT AND GUARANTEE AND COLLATERAL AGREEEMENTRevolving Credit Agreement • October 17th, 2006 • Maxxam Inc • Primary production of aluminum • York
THIRD AMENDMENT TO LOAN AGREEMENT AND FIRST AMENDMENT TO PROMISSORY NOTE THIS THIRD AMENDMENT TO LOAN AGREEMENT AND FIRST AMENDMENT TO PROMISSORY NOTE (the "Amendment") is made and entered into effective the 30th day of September, 2001, by and between...Loan Agreement • March 31st, 2003 • Maxxam Inc • Primary production of aluminum
LOAN AGREEMENTLoan Agreement • November 16th, 1998 • Maxxam Inc • Primary production of aluminum • Texas
AMENDMENT TO RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum
andRights Agreement • January 14th, 2000 • Maxxam Inc • Primary production of aluminum • Delaware
Exhibit 99.1 AMENDMENT NO. 5 TO TERM LOAN AGREEMENT This AMENDMENT NO. 5 TO TERM LOAN AGREEMENT (this "Amendment") is dated as of February 16, 2006, by THE PACIFIC LUMBER COMPANY, a Delaware corporation ("Palco"), THE BRITT LUMBER CO., INC., a...Term Loan Agreement • February 22nd, 2006 • Maxxam Inc • Primary production of aluminum • New York
FORM OF DEFERRED COMPENSATION AGREEMENTDeferred Compensation Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum • Texas
LOAN AGREEMENTLoan Agreement • March 31st, 1999 • Maxxam Inc • Primary production of aluminum • Texas
ANDIndenture • September 15th, 1998 • Maxxam Inc • Primary production of aluminum • New York
FOURTH AMENDMENT TO LOAN AGREEMENT THIS FOURTH AMENDMENT TO LOAN AGREEMENT (the "Amendment") is made and entered into effective the 13th day of December, 2001, by and between MCO PROPERTIES INC., a Delaware corporation, MCO PROPERTIES L.P., a Delaware...Loan Agreement • March 31st, 2003 • Maxxam Inc • Primary production of aluminum
MAXXAM INC.,Indenture • December 24th, 1996 • Maxxam Inc • Primary production of aluminum • New York
Exhibit 10.3 GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • April 28th, 2005 • Maxxam Inc • Primary production of aluminum • New York
MAXXAM INC. INDENTUREIndenture • March 18th, 1996 • Maxxam Inc • Land subdividers & developers (no cemeteries) • New York
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, 34th Floor Los Angeles, California 90071 Attention: Howard N. Weinberg...Deed of Trust • August 3rd, 1998 • Maxxam Inc • Primary production of aluminum • California
MAXXAM INC. TAX ALLOCATION AGREEMENT WITH MAXXAM GROUP INC. THE PACIFIC LUMBER COMPANY and BRITT LUMBER CO., INC. OF FEBRURAY 9, 2004Tax Allocation Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum
AmongCredit Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum • California
AMENDMENT NO. 2Loan and Pledge Agreement • November 9th, 2000 • Maxxam Inc • Primary production of aluminum • New York
March 10, 1995 VIA CERTIFIED MAIL Mr. John A. Campbell The Pacific Lumber Company 125 Main Street Scotia, California 95565 Dear John: In accordance with Section 2.b. of the Employment Agreement dated as of July 1, 1991 (the "Employment Agreement"),...Employment Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum
AMENDMENT NO.1 TO THE CREDIT AGREEMENT, SECURITY AGREEMENT AND FEE LETTER AND LIMITED WAIVER dated as of May 7, 2004 among THE PACIFIC LUMBER COMPANY, a Delaware corporation, and BRITT LUMBER CO., INC., a California corporation (together, the...Credit Agreement • May 11th, 2004 • Maxxam Inc • Primary production of aluminum • California
CREDIT AGREEMENT DATED AS OF JULY 20, 1998 AMONG SCOTIA PACIFIC COMPANY LLC, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, AS AGENT, AND THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO ARRANGED BY BA SECURITIES, INC.Credit Agreement • August 3rd, 1998 • Maxxam Inc • Primary production of aluminum • New York
EXHIBIT 10.55 November 10, 1992 Mr. Gary L. Clark Kaiser Aluminum & Chemical Corporation/MAXXAM Inc. 5847 San Felipe, Suite 2600 Houston, TX 77057 Dear Gary: When countersigned by you and delivered to me, this letter shall witness and constitute an...Employment Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum
SECOND AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE THIS SECOND AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE (the "Amendment") is made and entered into effective the 1st day of October, 2000, by and between MCO PROPERTIES INC., a Delaware...Loan Agreement and Promissory Note • March 30th, 2001 • Maxxam Inc • Primary production of aluminum
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING by and from THE PACIFIC LUMBER COMPANY, “Grantor” to FIDELITY NATIONAL TITLE COMPANY, “Trustee” for the benefit of MARATHON STRUCTURED FINANCE FUND L.P., in its...Deed of Trust • July 21st, 2006 • Maxxam Inc • Primary production of aluminum
THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (as hereafter amended, modified, extended, restated, supplemented or renewed from time to time, the “Deed of Trust”) is dated as of July 18, 2006, by and from THE PACIFIC LUMBER COMPANY, a Delaware corporation (“Grantor”), having an address at 125 Main Street, Scotia, California 95565, to FIDELITY NATIONAL TITLE COMPANY (“Trustee”), having an address at 404 H Street, Eureka, California 95501, for the benefit of MARATHON STRUCTURED FINANCE FUND L.P., as administrative agent (in such capacity, “Agent”) for the lenders party to the Loan Agreement (defined below) (all such lenders, together with their respective successors and assigns, are collectively referred to as the “Lenders”), having an address at 461 Fifth Avenue, New York, New York 10017 (Agent, together with its successors and assigns, “Beneficiary”). The term “Grantor” shall be synonymous with the term “Trustor” for purposes of California la
CLASS A PROMISSORY NOTEPromissory Note • April 30th, 2008 • Maxxam Inc • Forestry
FOR VALUE RECEIVED, M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and M-SIX PENVEST II BUSINESS TRUST (LA), a Delaware business trust and M-SIX PENVEST II LIMITED PARTNERSHIP (NEV.) a Delaware limited partnership (together with their respective permitted successors and assigns, collectively referred to herein as "Owner), hereby jointly and severally promise to pay to the order of THE CAPITAL COMPANY OF AMERICA LLC, a Delaware limited liability corporation, as successor in interest to NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation (together with its successors and assigns referred to herein as "Lender"), or order, the principal sum of $9,985,451.41 and all other amounts advanced by Lender to or on behalf of Owner pursuant to the Indenture (as hereinafter defined) or any other Loan Document (as defined in the Indenture) and allocated to this Class A Note pursuant to the Indenture (collectively, as such amount may be reduced from time to time as the result of the p
WITNESSETH:Deferred Compensation Agreement • March 28th, 1996 • Maxxam Inc • Land subdividers & developers (no cemeteries) • Texas
LOAN AGREEMENT [FEI Space] dated as of June 28, 2001 between LAKEPOINTE ASSETS LLC, as Borrower and LEGG MASON REAL ESTATE SERVICES, INC., as LenderLoan Agreement • March 31st, 2009 • Maxxam Inc • Forestry • Texas
THIS LOAN AGREEMENT (this "LOAN AGREEMENT"), dated as of June 28, 2001, between LAKEPOINTE ASSETS LLC, a Delaware limited liability company, having an address c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057 ("BORROWER") and LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation, having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202 (the "LENDER").
LOAN AGREEMENT BY AND BETWEEN NOMURA ASSET CAPITAL CORPORATION, as Lender and M-SIX PENVEST II BUSINESS TRUST, as OwnerLoan Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
LOAN AGREEMENT (this "Agreement"), dated as of April 30, 1998, by and between NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation, as lender (together with its successors and assigns, "Lender"), and M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, as borrower (together with each other Owner listed on Schedule I to the Indenture referred to below and their respective permitted successors and assigns, "Owner").
LEASE AGREEMENT Among each Owner listed on Schedule AA attached hereto with respect to the related Project as Landlord and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation as TenantLease Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE AGREEMENT, dated as of April 3 0,1998 (this "Lease"), is made and entered into among M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and each other Owner listed on Schedule AA hereto through which it directly or indirectly owns its interests in a Project (together with their respective successors and assigns, herein called "Landlord", either individually or collectively as appropriate in the context used) having an address at C/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, 29th Floor, New York, New York 10019, and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation(together with its successors and assigns, herein called "Tenant"), having an address at 3 00 Delaware Avenue, Suite 571, Wilmington, Delaware 19801.
PURCHASE AGREEMENTPurchase Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS PURCHASE AGREEMENT (this "Agreement"), dated as of November 12, 2002, between USRA LEVERAGED NET LEASE, LLC, a Delaware limited liability company ("Seller") having an address c/o U.S. Realty Advisors LLC, 1370 Avenue of the Americas, New York, New York 10019, and MOTEL ASSETS HOLDINGS LLC, a Delaware limited liability company ("Purchaser") having an address at 5847 San Felipe, Suite 2600, Houston, Texas 77057.
ContractCredit Agreement • March 22nd, 2005 • Maxxam Inc • Primary production of aluminum • California
AMENDMENT NO. 4 TO THE CREDIT AGREEMENT AND LIMITED WAIVER, dated as of March 18, 2005 (this "Amendment and Limited Waiver"), among The Pacific Lumber Company, a Delaware corporation, and Britt Lumber Co., Inc., a California corporation (each, a "Borrower" and together, the "Borrowers"), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the "Lenders") and Bank of America, N.A., as agent (the "Agent") for the Lenders.
RECITALSStock Purchase Agreement • November 5th, 1997 • Maxxam Inc • Primary production of aluminum • Delaware
LEASE GUARANTYLease Guaranty • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE GUARANTY, dated as of April 30, 1998 (together with all amendments and supplements hereto, this "Guaranty") made by ACCOR, a corporation duly organized under the laws of France (the "Guarantor") in favor of M-SIX PENVEST II BUSINESS TRUST (together with each Owner listed on Schedule I hereto through which it directly or indirectly holds title to the Properties, as hereinafter defined and their respective successors and assigns, collectively referred to herein as the "Owner"). Each Owner is individually referred to herein as a "Beneficiary" and collectively as the "Beneficiaries".
