FIFTH AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENT
Exhibit 10.17.6
FIFTH AMENDMENT
TO
SIXTH AMENDED AND RESTATED CREDIT AGREEMENT
THIS FIFTH AMENDMENT TO SIXTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is made and entered into as of the 24th day of September, 2007, by and among CBL & ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (hereinafter referred to as “Borrower”), CBL & ASSOCIATES PROPERTIES, INC., a Delaware corporation (hereinafter referred to as the “Parent”), XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, U.S. BANK NATIONAL ASSOCIATION, a national banking association, COMMERZBANK AG, NEW YORK AND GRAND CAYMAN BRANCHES, a German banking corporation, PNC BANK, NATIONAL ASSOCIATION, a national banking association, SUNTRUST BANK, a Georgia banking corporation, KEYBANK NATIONAL ASSOCIATION, a national banking association, ALLIED IRISH BANKS, P.L.C., an Irish publicly quoted company, LASALLE BANK NATIONAL ASSOCIATION, a national banking association, SOCIETE GENERALE, UNION BANK OF CALIFORNIA, N.A., a national banking association, and WESTDEUTSCHE IMMOBILIENBANK, a German banking corporation (hereinafter referred to individually as an “Existing Lender” and collectively as “Existing Lenders”), and AAREAL BANK AG, a German banking association (hereinafter referred to as “New Lender”) (New Lender and Existing Lenders are sometimes hereinafter referred to individually as a “Lender” and collectively as the “Lenders”) and XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as contractual representative of the Lenders (in such capacity, the “Agent”).
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W I T N E S S E T H: |
WHEREAS, Borrower, Parent, the Existing Lenders party thereto and Agent entered into that certain Sixth Amended and Restated Credit Agreement dated as of February 28, 2003 (the “Credit Agreement”), pursuant to which the Existing Lenders party thereto agreed to extend to Borrower a credit facility (the “Credit Facility”) in the aggregate principal amount of up to Two Hundred Fifty-Five Million and No/100 Dollars ($255,000,000.00) at any one time outstanding; and
WHEREAS, Borrower, Parent, the Existing Lenders party thereto and Agent entered into that certain First Amendment to Sixth Amended and Restated Credit Agreement dated as of May 3, 2004 (the “First Amendment”), pursuant to which the parties modified and amended the Credit Agreement to, among other matters, increase the aggregate principal amount of the Credit Facility to up to Three Hundred Seventy-Three Million and No/100 Dollars ($373,000,000.00) at any one time outstanding; and
WHEREAS, Borrower, Parent, the Existing Lenders party thereto and Agent entered into that certain Second Amendment to Sixth Amended and Restated Credit Agreement dated as of September 21, 2005 (the “Second Amendment”), pursuant to which the parties modified and amended the Credit Agreement as more particularly set forth therein; and
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1832700_2.DOC |
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WHEREAS, Borrower, Parent, the Existing Lenders party thereto and Agent entered into that certain Third Amendment to Sixth Amended and Restated Credit Agreement dated as of February 14, 2006 (the “Third Amendment”), pursuant to which the parties modified the Credit Agreement to, among other matters, increase the maximum aggregate principal amount of the Credit Facility to up to Four Hundred Seventy-Six Million Dollars ($476,000,000.00) at any one time outstanding
WHEREAS, Borrower, Parent, the Existing Lenders party thereto and Agent entered into that certain Fourth Amendment to Sixth Amended and Restated Credit Agreement dated as of August 29, 2006 (the “Fourth Amendment”), pursuant to which the parties modified and amended the Credit Agreement as more particularly set forth therein (the Credit Agreement as modified by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment being hereinafter referred to as the “Credit Agreement”); and
WHEREAS, Borrower, Parent, Lenders and Agent desire to further modify and amend the Credit Agreement in order to increase the maximum aggregate principal amount of the Credit Facility to up to Five Hundred Twenty-Five Million Dollars ($525,000,000.00), to make the New Lender a party thereto, and for the other purposes set forth herein, all as more particularly set forth hereinbelow.
NOW THEREFORE, for and in consideration of the premises, for Ten and No/100 Dollars ($10.00) in hand paid by the parties to each other, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by Borrower, Parent, Lenders, and Agent, Borrower, Parent, Lenders and Agent do hereby covenant and agree as follows:
1. Definitions. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Credit Agreement.
2. Exercise of Accordion. Borrower has notified Agent that it has exercised its rights under Section 2.11 of the Credit Agreement to request an increase of $49,000,000.00 in the aggregate amount of the Commitments. After giving effect to such increase, the aggregate amount of the Commitments shall not exceed $525,000,000.00.
3. Commitment. (a) From and after the effective date hereof, the Commitment of each Lender shall be the amount set forth beside each Lender’s name below:
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Lender |
Commitment |
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Xxxxx Fargo Bank, National Association |
$85,000,000.00 |
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Wachovia Bank, National Association |
$47,000,000.00 |
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U.S. Bank National Association |
$71,000,000.00 |
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Commerzbank AG, New York and Grand Cayman |
$47,000,000.00 |
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Branches |
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PNC Bank, National Association |
$47,000,000.00 |
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SunTrust Bank |
$32,000,000.00 |
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KeyBank National Association |
$47,000,000.00 |
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LaSalle Bank National Association |
$20,000,000.00 |
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Allied Irish Banks, p.l.c. |
$20,000,000.00 |
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Societe Generale |
$20,000,000.00 |
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Union Bank of California N.A. |
$20,000,000.00 |
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Westdeutsche ImmobilienBank |
$20,000,000.00 |
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Aareal Bank AG |
$49,000,000.00 |
4. Availability of Proceeds. Notwithstanding anything to the contrary in the foregoing, in no event shall Borrower be entitled to any Advance if immediately after the making of such Advance, the aggregate principal amount of all outstanding Advances together with the aggregate amount of all Letter of Credit Liabilities would exceed either (a) the aggregate amount of the Commitments or (b) the Borrowing Base, as adjusted to reflect the release of the Collateral Property commonly known as Twin Peaks Mall located in Boulder County, Colorado from the Liens created by the Collateral Documents (the "Twin Peaks Release"). Giving effect to the Twin Peaks Release, the Borrowing Base is the amount set forth as such in the Borrowing Base Certificate submitted by Borrower in connection with this release.
5. Additional Collateral Property. Borrower has notified Agent that it desires to include a Property commonly known as Turtle Creek Mall located in Hattiesburg, Mississippi as Collateral Property (the "Hattiesburg Mall"). Notwithstanding anything to the contrary contained herein, the Hattiesburg Mall shall not be deemed to be a Collateral Property and shall not be included in the Borrowing Base until all conditions for Hattiesburg Mall to become a Collateral Property pursuant to Section 4.1 and Section 6.3 of the Credit Agreement have been satisfied in full.
6. Litigation. Borrower warrants and represents that Schedule 7.1(f) attached to the Credit Agreement is true, accurate and complete as of the date hereof.
7. Addition of New Lender. Borrower, Agent, Existing Lenders and New Lender hereby acknowledge, agree and confirm that, by its execution of this Amendment, immediately upon the effectiveness of this Amendment, New Lender will be deemed to be a party to the Credit Agreement, as amended, and a “Lender” for all purposes under the Credit Agreement and the other Loan Documents, and shall have all of the rights and benefits of a Lender thereunder as fully as if it had executed the Credit Agreement and the other Loan Documents.
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8. Conditions Precedent. Subject to the other terms and conditions hereof, this Amendment shall not become effective until the Agent shall have received each of the following instruments, documents or agreements, each in form and substance satisfactory to the Agent:
(a) counterparts of this Amendment duly executed and delivered by Borrower, Parent, Agent and each of the Lenders;
(b) Promissory Note executed by the Borrower, payable to New Lender, in the face amount of such New Lender’s Commitment (the “Note”);
(c) an amendment to each Mortgage (collectively, the “Mortgage Amendments”) encumbering a Collateral Property, amending each such Mortgage to reflect this Amendment and the transactions contemplated hereby;
(d) endorsements to each of the title insurance policies insuring the validity and priority of the Mortgages (as amended by the Mortgage Amendments) covered thereby as a first priority Lien upon the Property described therein, subject to Permitted Liens, and increasing the amounts of such policies to amounts approved by Agent;
(e) Acknowledgements and Consents executed by the Parent and each Guarantor (collectively, the “Guarantor Consents”), consenting to this Amendment and the transactions contemplated hereby;
(f) a certificate of the Secretary of CBL Holdings I, Inc. dated as of the date hereof certifying (i) that the Certificate of Incorporation and By-laws of CBL Holdings I, Inc. have not been modified since August 29, 2006; (ii) that the Partnership Agreement and Certificate of Limited Partnership of Borrower have not been modified since August 29, 2006; (iii) that attached thereto is a true and complete copy of Resolutions adopted by the Board of Directors of CBL Holdings I, Inc., authorizing the execution and delivery on behalf of Borrower of this Amendment and the other instruments, documents or agreements executed and delivered by or on behalf of Borrower in connection herewith (all such instruments, documents or agreements executed and delivered in connection herewith by or on behalf of CBL Holdings I, Inc. or Borrower are hereinafter collectively referred to as the “Borrower Amendment Documents”); and (iv) as to the incumbency and genuineness of the signatures of the officers of CBL Holdings I, Inc. executing the Borrower Amendment Documents to which CBL Holdings I, Inc. or Borrower is a party;
(g) a certificate of the Secretary of CBL Holdings I, Inc. dated as of the date hereof certifying (i) that the Partnership Agreements, Certificates of Limited Partnership, Articles of Incorporation, Articles of Organization, Bylaws and other organizational documents of each Loan Party owning a Collateral Property have not been modified since August 29, 2006; (ii) that attached thereto is a true and complete copy of Resolutions adopted by the Board of Directors of CBL Holdings I, Inc., authorizing the execution and delivery on behalf of each Loan Party owning a Collateral Property of the Mortgage Amendments, the Guarantor Consents and the other instruments, documents or agreements executed and delivered by or on behalf of such Loan Parties in connection herewith (all such instruments, documents or agreements executed and delivered in connection herewith by or on behalf of CBL Holdings I, Inc. or any Loan Party are hereinafter collectively referred to as the “Loan Party Amendment Documents”); and (iii) as to
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the incumbency and genuineness of the signatures of the officers of CBL Holdings I, Inc. executing the Loan Party Amendment Documents to which any Loan Party is a party;
(h) a certificate of the Secretary of CBL & Associates Properties, Inc. dated as of the date hereof certifying (i) that the Certificate of Incorporation and By-laws of CBL & Associates Properties, Inc. have not been modified since August 29, 2006; (ii) that attached thereto is a true and complete copy of Resolutions adopted by the Board of Directors of CBL & Associates Properties, Inc., authorizing the execution and delivery on behalf of CBL & Associates Properties, Inc. of this Amendment and the other instruments, documents or agreements executed and delivered by CBL & Associates Properties, Inc. in connection herewith (all such instruments, documents or agreements executed and delivered in connection herewith by or on behalf of CBL & Associates Properties, Inc., Inc., Borrower or any Subpartnership are hereinafter collectively referred to as the “Properties Amendment Documents”); and (iii) as to the incumbency and genuineness of the signatures of the officers of CBL & Associates Properties, Inc. executing the Properties Amendment Documents to which CBL & Associates Properties, Inc. is a party;
(i) the opinions of Borrower’s counsel, addressed to Agent and each Lender and satisfactory in form and substance to Agent, covering such matters relating to the transaction contemplated by this Amendment as Agent may reasonably request; and
(j) payment to Agent, for the benefit of Lenders, of all loan fees due in connection with the increase in the amount of the Commitments and this Amendment.
Upon fulfillment of the foregoing conditions precedent, this Amendment shall become effective as of the date hereof.
9. Representations and Warranties; No Default. Borrower hereby represents and warrants to the Agent and the Lenders that:
(a) all of Borrower’s representations and warranties contained in the Credit Agreement and the other Loan Documents are true and correct on and as of the date of Borrower’s execution of this Amendment;
(b) no Default or Event of Default has occurred and is continuing as of such date under any Loan Document;
(c) Borrower and Parent have the power and authority to enter into this Amendment and to perform all of its obligations hereunder;
(d) the execution, delivery and performance of this Amendment by Borrower and Parent have been duly authorized by all necessary corporate, partnership or other action;
(e) the execution and delivery of this Amendment and performance thereof by Borrower and Parent do not and will not violate the Partnership Agreements or other organizational documents of Borrower or the Certificate of Incorporation, By-laws or other organizational documents of CBL Holdings I, Inc. or Parent and do not and will not violate or conflict with any law, order, writ, injunction, or decree of any court, administrative agency or
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other governmental authority applicable to Borrower, Parent, CBL Holdings I, Inc., or their respective properties; and
(f) this Amendment, the Note, the Mortgage Amendments, the Guarantor Consents, and all other documents executed in connection herewith, constitute legal, valid and binding obligations of the parties thereto, in accordance with the respective terms thereof, subject to bankruptcy, insolvency and similar laws of general application affecting the rights and remedies of creditors and, with respect to the availability of the remedies of specific enforcement, subject to the discretion of the court before which any proceeding therefor may be brought.
10. Expenses. Borrower agrees to pay, immediately upon demand by the Agent, all reasonable costs, expenses, fees and other charges and expenses actually incurred by the Agent in connection with the negotiation, preparation, execution and delivery of this Amendment, the Borrower Amendment Documents, the Loan Party Amendment Documents, and the Properties Amendment Documents.
11. Defaults Hereunder. The breach of any representation, warranty or covenant contained herein or in any document executed in connection herewith, or the failure to observe or comply with any term or agreement contained herein shall constitute a Default or Event of Default under the Credit Agreement (subject to any applicable cure period set forth in the Credit Agreement) and the Agent and the Lenders shall be entitled to exercise all rights and remedies they may have under the Credit Agreement, any other documents executed in connection therewith and applicable law.
12. References. All references in the Credit Agreement and the Loan Documents to the Credit Agreement shall hereafter be deemed to be references to the Credit Agreement as amended hereby and as the same may hereafter be amended from time to time.
13. Limitation of Agreement. Except as especially set forth herein, this Amendment shall not be deemed to waive, amend or modify any term or condition of the Credit Agreement, each of which is hereby ratified and reaffirmed and which shall remain in full force and effect, nor to serve as a consent to any matter prohibited by the terms and conditions thereof.
14. Counterparts. To facilitate execution, this Amendment may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single document. It shall not be necessary in making proof of this document to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signature thereon and thereafter attached to another counterpart identical thereto having attached to it additional signature pages.
15. Further Assurances. Borrower agrees to take such further action as the Agent or the Lenders shall reasonably request in connection herewith to evidence the amendments herein contained to the Credit Agreement.
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16. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto.
17. Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to principles of conflicts of law.
[Signatures Begin on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to Sixth Amended and Restated Credit Agreement to be executed by their authorized officers all as of the day and year first above written.
BORROWER:
CBL & ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
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By: |
CBL Holdings I, Inc., a Delaware corporation, its sole |
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general partner |
By: /s/ Xxxxxxx W.A. Xxxxxxx, Jr.
Name: Xxxxxxx W. A. Xxxxxxx, Jr.
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Title: |
Senior Vice President - Real Estate Finance |
PARENT:
CBL & ASSOCIATES PROPERTIES, INC., a Delaware corporation, solely for the limited purposes set forth in Section 13.20 of the Credit Agreement.
By: /s Xxxxxxx W.A. Xxxxxxx, Jr.
Name: Xxxxxxx W. A. Xxxxxxx, Jr.
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Title: |
Senior Vice President - Real Estate Finance |
[Signatures Continued on Following Page]
1832700_2.DOC
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
XXXXX FARGO BANK, NATIONAL ASSOCIATION, as Agent and as a Lender
By: /s/ X. Xxxxxxx Xxxxxx
Name: X. Xxxxxxx Xxxxxx
Title: Senior Vice President
Commitment Amount:
$85,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
0000 Xxxxx Xxxxx Xxxx, Xxxxx 0000
Xxxxxxx, XX 00000
Attn: Loan Administration Manager
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
U.S. BANK NATIONAL ASSOCIATION
By: /s/ Xxxxxxx Xxxxxx
Name: Xxxxxxx Xxxxxx
Title: Senior Vice President
Commitment Amount:
$71,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
000 Xxxxxxxx Xxxx
0xx Xxxxx
Xxxxxxxxxxx, XX 00000
Attn: Xxxxxxx Xxxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
COMMERZBANK AG, NEW YORK AND GRAND CAYMAN BRANCHES
By: /s/ Xxxxxxxx X. Xxxxxxx
Name: Xxxxxxxx X. Xxxxxxx
Title: Senior Vice President
By: /s/ Xxxxxx Xxxxxx
Name: Xxxxxx Xxxxxx
Title: Senior Vice President
Commitment Amount:
$47,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Lending Office and Loan Administration:
0 Xxxxx Xxxxxxxxx Xxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000-0000
Attention: Commercial Lending Services – 32nd Floor
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
Loan Administration:
Eurohypo AG, New York Branch
0000 Xxxxxx xx xxx Xxxxxxxx
0xx Xxxxx
Xxx Xxxx, XX 00000
Attention: Portfolio Admin
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
WACHOVIA BANK, NATIONAL ASSOCIATION
By: /s/ Xxx Xxxx
Name: Xxx X. Xxxx
Title: Managing Director
Commitment Amount:
$47,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
000 Xxxxx Xxxxxxx Xxxxxx
XX - 0000
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Xxxxxxxxx, XX |
00000-0000 |
Attention: Xxx Xxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
KEYBANK NATIONAL ASSOCIATION
By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxxx X. Xxxxx
Title: Vice President
Commitment Amount:
$47,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Keybank REC - Institutional
000 Xxxxxx Xxxxxx, 0xx Xxxxx
Xxxxxxxxx, XX 00000-0000
Attn: Xxxx Xxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
PNC BANK, NATIONAL ASSOCIATION
By: /s/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Title: Vice President
Commitment Amount:
$47,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
PNC Real Estate Finance
0000 Xxxxxx Xxxxxx, 00xx Xxxxx
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Xxxxxxxxxxxx, XX |
00000 |
Attention: Xxxxxx Xxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
SUNTRUST BANK
By: /s W. Xxxx Xxxxxxx
Name: W. Xxxx Xxxxxxx
Title: Senior Vice President
Commitment Amount:
$32,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Mail Code ALX 2608
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0000 Xxxxx Xxxx. |
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0xx Xxxxx |
Xxxxxx, XX 00000-0000
Attention: Xxxx Xxxxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
ALLIED IRISH BANKS, P.L.C.
By: /s/ Xxxxxxx X. Xxxxxxx
Name: Xxxxxxx X. Xxxxxxx
Title: Vice President
By: /s/ Xxxxx Xxxxxx
Name: Xxxxx Xxxxxx
Title: Vice President
Commitment Amount:
$20,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Allied Irish Banks, p.l.c.
000 Xxxx Xxxxxx
00xx Xxxxx
Xxx Xxxx, XX 00000
Attention: Xxxxxxx Xxxxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
LASALLE BANK NATIONAL ASSOCIATION
By: /s/ Katon A. Susid
Name: Katon A. Susid
Title: Vice President
Commitment Amount:
$20,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
000 Xxxxx XxXxxxx Xxxxxx
Xxxxx 0000
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Xxxxxxx, Xxxxxxxx |
00000 |
Attention: Xxxxxxx Xxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
SOCIETE GENERALE
By: /s/ X.X Xxxxxxxxxxx
Name: X. X. Xxxxxxxxxxx
Title: Director
Commitment Amount:
$20,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Xxxxxxxx Xxxx Center
0000 Xxxx Xxxxxx
Xxxxx 0000
Xxxxxx, XX 00000
Attn: Xxxxx Xxxxxxxxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
UNION BANK OF CALIFORNIA N.A.
By: /s/ Xxxxxxxx Xxxxx
Name: Xxxxxxxx Xxxxx
Title: Vice President
Commitment Amount:
$20,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Lending Office:
000 Xxxxxxxxxx Xxxxxx
Xxxxx 000
Xxx Xxxxxxxxx, XX 00000
Attn: Xxxxx Xxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
E-mail Address: Xxxxxxxx.Xxxxx@xxxx.xxx
Loan Administration:
Commercial Real Estate Loan Administration
00000 Xxx Xxxxxx Xxxxxx, Xxxxx 000
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Xxxxxx, XX |
00000 |
Attn: Xxxxxxxx Xxxxxxx
Telecopier: (000) 000-0000
Telephone: (000) 000-0000
E-mail Address: Xxxxxxxx.Xxxxxxx@xxxx.xxx
[Signatures Continued on Following Page]
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
WESTDEUTSCHE IMMOBILIENBANK
By: /s/ Armin Gemmerich
Name: Armin Gemmerich
Title: Executive Director
Commitment Amount:
$20,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
Xxxxxx Xxxxxxx 00
00000 Xxxxx
Xxxxxxx
Attention: Xxxxxx Xxxxxxxx
Telecopier: 0 0000 0000 0000
Telephone: 0 0000 0000 0000
[Signature Page to Fifth Amendment to Sixth Amended and Restated Credit Agreement]
AAREAL BANK AG
By: /s/ Xxxxxx Xxxxx
Name: Xxxxxx Xxxxx
Title: Director
Commitment Amount:
$49,000,000.00
Lending Office (all Types of Advances) and
Address for Notices:
000 Xxxx Xxx. Xxxxx 000
Xxx Xxxx, XX 00000
Attention: Xxxxx X. Xxxxx, Xx.
Telecopier: 000-000-0000
Telephone: 000-000-0000
[End of Signatures]
1832700_2.DOC
