RECITALS: --------Purchase and Sale Agreement • February 25th, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts
965,518 SHARESUnderwriting Agreement • April 6th, 1998 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
1 EXHIBIT 10.2 LOAN AGREEMENT Dated as of January 30, 1997 by and betweenLoan Agreement • April 15th, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
September 17, 2001 Pacific Retail, L.P. 5550 LBJ Freeway Suite 380 Dallas, TX 75240 RE: AMENDMENT TO PURCHASE AGREEMENT Dear Gentlemen: With reference to that certain Agreement for Purchase and Sale dated August 29, 2001 ("Purchase Agreement") by and...Purchase Agreement • January 3rd, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts
SECOND AMENDMENT TO OPERATING AGREEMENT OF BPP RETAIL, LLC, a Delaware limited liability companyOperating Agreement • January 14th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • Delaware
EXHIBIT 10.52 SEVENTH AMENDMENT TO LOAN AGREEMENT THIS SEVENTH AMENDMENT TO LOAN AGREEMENT (this "MODIFICATION AGREEMENT") is made as of December 17, 2000, by and among BANK ONE, ARIZONA, NA, a national banking association ("LENDER"), BPP/VAN NESS,...Loan Agreement • April 3rd, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts • California
Exhibit 10.1.4 BURNHAM PACIFIC EMPLOYEES LLC LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • August 13th, 1999 • Burnham Pacific Properties Inc • Real estate investment trusts • Delaware
EXHIBIT 10.1.1 AGREEMENT OF LIMITED PARTNERSHIP OF BURNHAM PACIFIC OPERATING PARTNERSHIP, L.P.Limited Partnership Agreement • December 16th, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • Delaware
II. TERM OF AGREEMENTIndemnification Agreement • April 3rd, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
PROMISSORY NOTEPromissory Note • February 25th, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts • California
EXHIBIT 10.50 BURNHAM PACIFIC August 28, 2000 Mr. James W. Gaube 18340 River Edge Lane Lake Oswego, OR 97034 RE: SEPARATION AGREEMENT Dear Jim: This document, upon your signature, will constitute the agreement between you, James W. Gaube ("Gaube") and...Separation Agreement • April 3rd, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts
EXHIBIT 10.3 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • February 25th, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts
WITNESSETHEmployment Agreement • November 14th, 1995 • Burnham Pacific Properties Inc • Real estate investment trusts • California
Burnham Pacific Properties, Inc. 110 West A Street San Diego, CA 92101 September 11, 2000 Re: EXCHANGE AGREEMENT Ladies and Gentlemen: Pursuant to the Exchange Agreement (the "Exchange Agreement"), dated August 31, 2000, entered into among Burnham...Exchange Agreement • September 21st, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
RECITALSLoan Modification Agreement • April 3rd, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts • California
Exhibit 10.5 WAIVER, AMENDMENT AND SECOND CONSENT TO CREDIT AGREEMENT This WAIVER, AMENDMENT AND SECOND CONSENT TO CREDIT AGREEMENT (this "SECOND CONSENT"), dated as of December 15, 1999, is among BPP RETAIL, LLC, a Delaware limited liability company...Credit Agreement • January 14th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts
1 Exhibit 10.1 AGREEMENT FOR SALE OF PARTNERSHIP INTERESTS by and between DSL SERVICE COMPANY, A CALIFORNIA CORPORATIONPartnership Agreement • April 15th, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • California
R E C I T A L SShareholder Agreement • September 21st, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
Exhibit 10.1 BURNHAM PACIFIC OPERATING PARTNERSHIP, L.P. Third Amendment to the Agreement of Limited Partnership of Burnham Pacific Operating Partnership, L.P. ---------------------------------------------------------- This Third Amendment to the...Agreement of Limited Partnership • June 1st, 1998 • Burnham Pacific Properties Inc • Real estate investment trusts
Shares of Common StockUnderwriting Agreement • March 25th, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
Exhibit 10.35 MODIFICATION TO LOAN AGREEMENT AND OTHER DOCUMENTS This Modification to Loan Agreement and Other Documents (this "MODIFICATION"), dated as of December 20, 1999, is made by and among BURNHAM PACIFIC OPERATING PARTNERSHIP, L.P., a Delaware...Loan Agreement • March 30th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
Burnham Pacific Properties, Inc. Westbrook Burnham Holdings, Inc. 100 Bush Street, 24th Floor Westbrook Burnham Co-Holdings, Inc. San Francisco, CA 94104 265 Franklin Street, suite 1900 Boston, MA 02110 Blackacre SMC Master Holdings, L.P. Blackacre...Letter of Intent • August 23rd, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts
REVOLVING LOAN AGREEMENT.................................................1 ARTICLE 1. DEFINITIONS AND RELATED MATTERS............................1 Section 1.1. DEFINITIONS................................1 Section 1.2. RELATED...Revolving Loan Agreement • January 23rd, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • California
JOINT FILING AGREEMENTJoint Filing Agreement • January 10th, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts
EXHIBIT 10.53 FOURTH MODIFICATION TO LOAN AGREEMENT AND OTHER DOCUMENTS This Fourth Modification to Loan Agreement and Other Documents (this "MODIFICATION"), dated as of December 29, 2000, is made by and among BURNHAM PACIFIC OPERATING PARTNERSHIP,...Loan Agreement • April 3rd, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
Exhibit 4.2.1 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 14th, 1998 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
EXHIBIT 10.6 BURNHAM PACIFIC PROPERTIES, INC. EXECUTIVE RETENTION AGREEMENT AGREEMENT made as of this 9th day of April, 2001 (the "Effective Date"), by and among Burnham Pacific Properties, Inc., a Maryland corporation with its principal place of...Executive Retention Agreement • May 15th, 2001 • Burnham Pacific Properties Inc • Real estate investment trusts • California
Exhibit 10.4 INDEMNIFICATION AGREEMENT This INDEMNIFICATION AGREEMENT is made this _____ day of ___________, 199_ ("Agreement"), by and among BURNHAM PACIFIC PROPERTIES, INC., a Maryland corporation (the "Company"), BURNHAM PACIFIC OPERATING...Indemnification Agreement • December 30th, 1998 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
BETWEENLoan Agreement • March 30th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • New York
1 Exhibit 10.3 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT ("Agreement"), is made and entered into this 26th day of March, 1997 by and between BRE PROPERTIES, INC., a Maryland corporation ("Seller"), and...Purchase and Sale Agreement • April 15th, 1997 • Burnham Pacific Properties Inc • Real estate investment trusts • California
EXHIBIT 4.2 AMENDMENT NO. 1 TO RIGHTS AGREEMENT AMENDMENT, dated as of August 31, 2000, between Burnham Pacific Properties, Inc., a Maryland corporation (the "Company") and First Chicago Trust Company of New York, a New York corporation, as Rights...Rights Agreement • November 7th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
andShareholder Rights Agreement • June 23rd, 1999 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALEAgreement for Purchase and Sale • January 3rd, 2002 • Burnham Pacific Properties Inc • Real estate investment trusts
ARTICLE I. CERTAIN DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . .1 Section 1.1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . .1 ARTICLE II. GENERAL TERMS. . . . . . . . . . . . . . . . . . . . . .. . . . 27 Section 2.1....Loan Agreement • January 14th, 1998 • Burnham Pacific Properties Inc • Real estate investment trusts • California
EXHIBIT 4.3 AMENDMENT NO. 2 TO RIGHTS AGREEMENT AMENDMENT, dated as of September 11, 2000, between Burnham Pacific Properties, Inc., a Maryland corporation (the "Company") and First Chicago Trust Company of New York, a New York corporation, as Rights...Rights Agreement • November 7th, 2000 • Burnham Pacific Properties Inc • Real estate investment trusts • Maryland
