EMPLOYMENT AND NONCOMPETITION AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") dated as of September 1, 1998, is made by and among BRI OP Limited Partnership ("BRI OP"), its Special Limited Partner, Berkshire Realty Company, Inc., a Delaware...Employment Agreement • November 17th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
EXHIBIT 1 Execution Copy 10,000,000 Shares BERKSHIRE REALTY COMPANY, INC. Common Shares of Beneficial Interest UNDERWRITING AGREEMENT November 4, 1997 Lehman Brothers Inc. BT Alex. Brown Incorporated A.G. Edwards & Sons, Inc. Legg Mason Wood Walker...Underwriting Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • New York
LOAN AGREEMENTLoan Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Maryland
amongRevolving Credit Agreement • March 19th, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
Execution Version of 8/27/97 Hilltop CONTRIBUTION AGREEMENT This CONTRIBUTION AGREEMENT dated as of August 25, 1997 between Gorn Properties, Inc., a Maryland corporation (the "Transferor Corporation"), with an address c/o Questar Properties, Inc., 124...Contribution Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Maryland
BRI OP LIMITED PARTNERSHIP 470 Atlantic Avenue Boston, Massachusetts 02210 AMENDMENT NO. 3 OF AMENDED AND RESTATED 1992 CREDIT AGREEMENT As of June 26, 1996Credit Agreement • November 14th, 1996 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
BERKSHIRE REALTY COMPANY, INC., as Issuer and ----------------------------------, as Trustee INDENTUREIndenture • July 31st, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
BRI OP LIMITED PARTNERSHIP 470 Atlantic Avenue Boston, Massachusetts 02210 AMENDMENT NO. 1 OF REVOLVING CREDIT AGREEMENT As of April 15, 1998 BANKBOSTON, N.A., for Itself and as Agent 100 Federal Street Boston, Massachusetts 02110 Attn: Real Estate...Revolving Credit Agreement • March 19th, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
EMPLOYMENT AND NONCOMPETITION AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") dated as of March 1, 1997, is made by and among BRI OP Limited Partnership ("BRI OP"), its General Partner, Berkshire Realty Company, Inc., a Delaware corporation (the...Employment Agreement • November 17th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
EMPLOYMENT AND NONCOMPETITION AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement") dated March 1, 1996, is made by and among BRI OP Limited Partnership ("BRI OP"), its General Partner, Berkshire Realty Company, Inc., a Delaware corporation (the...Employment Agreement • November 17th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
EMPLOYMENT AND NONCOMPETITION AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") dated March 1, 1997, is made by and among BRI OP Limited Partnership ("BRI OP"), its General Partner, Berkshire Realty Company, Inc., a Delaware corporation (the...Employment Agreement • November 17th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
April 13, 1999 Reference is hereby made to (i) that certain Agreement of Limited Partnership of Berkshire Realty Holdings, L.P. dated as of the date hereof (as it may be amended, modified or supplemented from time to time, the "Partnership Agreement")...Partnership Agreement • June 23rd, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts
Reference is hereby made to (i) that certain Agreement of Limited Partnership of Berkshire Realty Holdings, L.P. dated as of the date hereof (as it may be amended, modified or supplemented from time to time, the "Partnership Agreement") and (ii) that certain commitment letter date as of the date hereof (the "Bridge Loan Commitment Letter") issued by Whitehall Street Real Estate Limited Partnership XI and Blackstone Real Estate Acquisitions III L.L.C. All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Partnership Agreement.
BRI OP LIMITED PARTNERSHIP 470 Atlantic Avenue Boston, Massachusetts 02210 AMENDMENT NO. 2 OF REVOLVING CREDIT AGREEMENT As of July 21, 1998 BANKBOSTON, N.A., for Itself and as Agent 100 Federal Street Boston, Massachusetts 02110 Attn: Real Estate...Revolving Credit Agreement • March 19th, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • New York
VOTING AGREEMENTVoting Agreement • June 23rd, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
ARTICLE 1 Definitions Section 1.1 "Action"..................................................................... 1 Section 1.2 "ADA"........................................................................ 1 Section 1.3 "Advancing...Stock Purchase Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • New York
AMONGMerger Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
EXHIBIT 99.10 AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • June 23rd, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
AMENDMENT NO. 2 TO AMENDED AND RESTATED EMPLOYMENT AND NONCOMPETITION AGREEMENT September 1, 1998 Marianne Pritchard 128 Reed Street Lexington, MA 02173 Re: Amendment No. 2 to Amended and Restated Employment and Noncompetition Agreement dated March 1,...Employment and Noncompetition Agreement • November 17th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts
THIRD AMENDMENT TO MASTER CREDIT FACILITY AGREEMENTMaster Credit Facility Agreement • March 19th, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts
SECTION 1Contribution Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Maryland
AMONGMerger Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
AMONGMerger Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
g) Each of the Banks shall have received from the REIT, the Borrower and each applicable Subsidiary and Nominee an incumbency certificate, dated as of the effective date of this Amendment No. 4, signed by a duly authorized officer of the REIT or...Credit Agreement • November 14th, 1996 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
DEVELOPMENT CONTRIBUTION AGREEMENT (Liriope)Development Contribution Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Maryland
BRI OP LIMITED PARTNERSHIP 470 Atlantic Avenue Boston, Massachusetts 02210 AMENDMENT NO. 1 OF AMENDED AND RESTATED 1992 CREDIT AGREEMENT As of March 1, 1996 THE FIRST NATIONAL BANK OF BOSTON, for Itself and as Agent 100 Federal Street Boston,...Credit Agreement • November 14th, 1996 • Berkshire Realty Co Inc /De • Real estate investment trusts • Massachusetts
TERMSFinal Commitment • August 17th, 1999 • Berkshire Realty Co Inc /De • Real estate investment trusts • Virginia
Exhibit 99.1 ------------ REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT, dated as of November 14, 1998, by and among BERKSHIRE REALTY COMPANY, INC., a Delaware corporation, its subsidiary, Berkshire Apartments, Inc. (collectively, the...Registration Rights Agreement • November 23rd, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
PEABODY & BROWN A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 101 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1832Registration Statement on Form S-3 • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts
AMONGMerger Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT, dated as of May 1, 1995, by and among BERKSHIRE REALTY COMPANY, INC., a Delaware corporation (the "General Partner"), and each of those parties who are or become parties to the Amended and...Registration Rights Agreement • September 29th, 1998 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
REGISTRATION RIGHTS AGREEMENT REGISTRATION RIGHTS AGREEMENT, dated as of _________, 1997, by and among BERKSHIRE REALTY COMPANY, INC., a Delaware corporation, its subsidiary, Berkshire Apartments, Inc. (collectively, the "General Partner"), and each...Registration Rights Agreement • October 15th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Delaware
EXCHANGE AND AMENDMENT AGREEMENT (the "Agreement") dated as of September 30, 1997, by and among Berkshire Realty Company, Inc., a Delaware corporation (the "Company"), Westbrook Berkshire Holdings, L.L.C., a Delaware limited liability company...Exchange and Amendment Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • New York
BACKGROUNDDevelopment Acquisition Agreement • November 5th, 1997 • Berkshire Realty Co Inc /De • Real estate investment trusts • Maryland
