SEVENTH AMENDMENT TO LOAN AGREEMENT
EXHIBIT 10.5.h
SEVENTH AMENDMENT TO LOAN AGREEMENT
This SEVENTH AMENDMENT TO LOAN AGREEMENT (hereinafter, the “Seventh Amendment”) is dated as of
October 17, 2007, by and among BANK OF AMERICA, N.A., a national banking association having an
address at IL1-231-10-35, 000 Xxxxx XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, as Administrative
Agent (hereinafter, the “Administrative Agent”), BANK OF AMERICA, N.A., PB CAPITAL CORPORATION, a
lending institution having an address at 000 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx
00000, MANUFACTURERS AND TRADERS TRUST COMPANY, a lending institution having an address at Xxx X &
X Xxxxx, Xxxxxxx, Xxx Xxxx 00000, SOVEREIGN BANK, a lending institution having an address at 00
Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, XXXXXXX XXXXX BANK, FSB, a lending institution having an
address at 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, CITIZENS BANK OF PENNSYLVANIA, a
lending institution having an address at 0000 Xxxxxxxx Xxxx 194-0245, Xxxxx 000, Xxxxxxxx Xxxxxxx,
Xxxxxxxxxxxx 00000, KEYBANK, NATIONAL ASSOCIATION, a lending institution having an address at 000
Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx, 00000, LASALLE BANK NATIONAL ASSOCIATION, a
lending institution having an address at 000 X. XxXxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx, 00000, and the
other lending institutions which are or may hereafter become parties to the Loan Agreement (as
defined below), as the Lenders (collectively, the “Lenders”), and CEDAR SHOPPING CENTERS
PARTNERSHIP, L.P., a Delaware limited partnership having an address at 00 Xxxxx Xxxxxx Xxxxxx, Xxxx
Xxxxxxxxxx, Xxx Xxxx 00000, as the Borrower (hereinafter, the “Borrower”). All capitalized terms
not otherwise defined herein shall have the same meaning ascribed to such terms and set forth under
the Loan Agreement.
BACKGROUND
WHEREAS, Bank of America, N.A., as Administrative Agent, Bank of America, N.A., Commerzbank AG
New York Branch, PB Capital Corporation, Manufacturers and Traders Trust Company, Sovereign Bank,
Xxxxxxx Xxxxx Bank, FSB, Keybank, National Association, LaSalle Bank National Association and
Citizens Bank of Pennsylvania, as the lenders (hereinafter, the “Original Lenders”), and Borrower
entered into a certain loan arrangement (hereinafter, the “Loan Arrangement”) evidenced by, among
other documents, instruments and agreements, that certain Loan Agreement dated as of January 30,
2004, as amended by that certain First Amendment to Loan Agreement dated as of June 16, 2004, that
certain Second Amendment to Loan Agreement dated as of November 2, 2004, that certain Third
Amendment to Loan Agreement dated as of January 28, 2005, that certain Fourth Amendment to Loan
Agreement dated as of December 16, 2005, that certain Fifth Amendment to Loan Agreement dated as of
June 29, 2006, and that certain Sixth Amendment to Loan Agreement dated as of October 20, 2006
(hereinafter, collectively, the “Loan Agreement”), and those certain promissory notes dated as of
various dates executed by the Borrower in favor of the Lenders in the aggregate principal amount of
up to $300,000,000.00 (hereinafter, individually and collectively, the “Note”); and
WHEREAS, the Administrative Agent, Lenders and Borrower have agreed to amend the Loan
Agreement as more particularly set forth herein.
Accordingly, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, it is hereby agreed by and among the Administrative Agent, Lenders and
Borrower as follows:
| 1. | Notwithstanding Section 3.4.1(a) of the Loan Agreement, for the period commencing as of the effective date of this Seventh Amendment through January 31, 2008, the Individual Property known as Trexlertown Plaza (Units 1, 3A and 4) located in Trexlertown, Pennsylvania (the “Trexlertown Plaza”) shall be deemed a Stabilized Asset (notwithstanding that the Occupancy Ratio with respect thereto is less than eighty percent (80%)), provided that the Occupancy Ratio with respect to Trexlertown Plaza during such period remains equal to or greater than seventy percent (70%). | ||
| 2. | In addition to all other rights of Borrower with respect to Additional Borrowing Base Properties, Borrower shall be permitted to have the appraised value of that certain parcel of land adjacent to the Borrowing Base Property known as Swede Square Shopping Center located in East Norriton, Pennsylvania (the “Swede Square Shopping Center”) which adjacent parcel is known and referred to herein as the “Penn Square Tavern” property (the “Penn Square Tavern”) added to the appraised value of the Swede Square Shopping Center Borrowing Base Property and, following the aforementioned addition to the Swede Square Shopping Center appraised value, the Penn Square Tavern and the Swede Square Shopping Center shall be deemed to be one (1) combined property (the “Combined Swede Square Property”) for the purpose of adding the Combined Swede Square Property as a Borrowing Base Property (the “Combined Swede Square Transaction”), and the Combined Swede Square Property shall be added as a Borrowing Base Property in accordance with the terms and conditions of the Loan Agreement, provided that Swede Square Associates L.P. (i) enters into and executes such agreements with the Administrative Agent as may be reasonably required by Administrative Agent to facilitate the Combined Swede Square Transaction, (ii) is the owner of both the Swede Square Shopping Center and the Penn Square Tavern, and (iii) performs all other acts, as are necessary to facilitate the Combined Swede Square Transaction. | ||
| 3. | The Lenders shall agree to the acceptance of the property known as McDonalds and Waffle House located in Medina, Ohio as an additional Borrowing Base Property only upon receipt of a current environmental Phase I Site Assessment performed by a firm reasonably acceptable to the Administrative Agent which indicates the property is free from recognized hazardous materials or substances apparent from the inspection, or affected by such environmental matters as may be reasonably acceptable to the Administrative Agent and each of the Lenders in their sole and absolute discretion, such acceptance as a Borrowing Base Property being effective as of the date that all Lenders have approved of the aforesaid Phase I Site Assessment. Administrative Agent hereby acknowledges that Xxxxx Environmental, Inc. is an acceptable environmental inspection firm with respect to the performance of the Phase I Site Assessment for the above referenced property. |
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| 4. | Section 15.1 is hereby amended by deleting the name “Xxxxxx X. X’Xxxxxx” and replacing with “Xxxxxxxx X. Xxxxxxx, Xx.” | ||
| 5. | The definition of “Knowledge or knowledge” at Exhibit A to the Loan Agreement is hereby amended by deleting the name “Xxxxxx X. X’Xxxxxx” and replacing with “Xxxxxxxx X. Xxxxxxx, Xx.” | ||
| 6. | Exhibit D to the Loan Agreement is hereby amended by deleting the name “Xxxxxx X. X’Xxxxxx” and replacing it with “Xxxxxxxx X. Xxxxxxx, Xx.” | ||
| 7. | Exhibit F to the Loan Agreement is hereby deleted in its entirety and shall be replaced with the Exhibit F attached hereto as Exhibit A. | ||
| 8. | Immediately after the execution hereof, Exhibit J to the Loan Agreement shall be deemed deleted in its entirety and shall be replaced with the Exhibit J attached hereto as Exhibit B. The Borrower hereby certifies, warrants and represents that, to the best of Borrower’s knowledge, the Individual Properties being added as Borrowing Base Properties satisfy the Borrowing Base Property Requirements and the related Eligibility Criteria, all as set forth in the Loan Agreement. | ||
| 9. | Immediately after the execution hereof, Schedule 6.14.2(i) to the Loan Agreement shall be deemed deleted in its entirety and shall be replaced with the Schedule 6.14.2(i) attached hereto as Exhibit C. | ||
| 10. | The Borrower, the Administrative Agent and the Lenders hereby acknowledge and agree that the Borrower’s compliance with the Financial Covenants for the period ended September 30, 2007 shall be calculated as if the terms and conditions of this Seventh Amendment were in effect as of September 30, 2007. | ||
| 11. | The Borrower hereby ratifies, confirms, and reaffirms all of the terms and conditions of the Loan Agreement, and all of the other documents, instruments, and agreements evidencing the Loan Arrangement including, without limitation, the Note. The Borrower further acknowledges and agrees that all of the terms and conditions of the Loan Arrangement shall remain in full force and effect except as expressly provided in this Seventh Amendment. No novation of the indebtedness evidenced by the Note, the Loan Agreement or any other Loan Document shall occur as a result of the execution of this Seventh Amendment. | ||
| 12. | Any determination that any provision of this Seventh Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not effect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Seventh Amendment. | ||
| 13. | This Seventh Amendment may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, and all of which together shall constitute one instrument. In proving this Seventh Amendment, it shall not be necessary to produce or account |
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| for more than one such counterpart signed by the party against whom enforcement is sought. |
| 14. | The Loan Agreement, as amended by this Seventh Amendment, constitutes the entire agreement of the parties regarding the matters contained herein and shall not be modified by any prior oral or written communications. | ||
| 15. | The Borrower acknowledges, confirms and agrees that it has no offsets, defenses, claims or counterclaims against the Administrative Agent or the Lenders with respect to any of the Borrower’s liabilities and obligations to the Administrative Agent or the Lenders under the Loan Arrangement, and to the extent that the Borrower has any such claims under the Loan Arrangement, the Borrower affirmatively WAIVES and RENOUNCES such claims as of the date hereof. | ||
| 16. | Conditions Precedent. This Seventh Amendment shall become effective as of the date first above written, at such time when all of the following conditions are satisfied: |
| a. | All Required Lenders shall have executed this Seventh Amendment. | ||
| b. | The Borrower shall have executed this Seventh Amendment. | ||
| c. | The Lenders shall have received such executed resolutions, secretary’s certificates and certificates of legal existence as the Administrative Agent may specify all in form and substance satisfactory to the Administrative Agent and its counsel. | ||
| d. | The Lenders shall have received such legal opinions for the Borrower and such other parties as the Administrative Agent may require, all in form and substance satisfactory to the Administrative Agent and its counsel. | ||
| e. | The Borrower shall have paid the fees, costs and expenses of the Administrative Agent’s counsel in connection with this Seventh Amendment. |
[The balance of this page is intentionally left blank]
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IN WITNESS WHEREOF, this Seventh Amendment has been executed as a sealed instrument as of the
date first set forth above.
| BORROWER: CEDAR SHOPPING CENTERS PARTNERSHIP, L.P., a Delaware limited partnership |
||||
| By: | Cedar Shopping Centers, Inc., | |||
| its general partner | ||||
| By: | /s/ Xxxxxx X. Xxxxxx | |||
| Name: | Xxxxxx X. Xxxxxx | |||
| Title: | President | |||
| ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A. |
||||
| By: | /s/ Xxxx Xxxxxxx | |||
| Name: | Xxxx Xxxxxxx | |||
| Title: | Vice President | |||
| LENDERS: BANK OF AMERICA, N.A. |
||||
| By: | /s/ Xxxx Xxxxxxx | |||
| Name: | Xxxx Xxxxxxx | |||
| Title: | Vice President | |||
| PB CAPITAL CORPORATION |
||||
| By: | /s/ Xxxxxxx X. Xxxxxxx | |||
| Name: | Xxxxxxx X. Xxxxxxx | |||
| Title: | Vice President | |||
| By: | /s/ Xxxxxx X. Xxx | |||
| Name: | Xxxxxx X. Xxx | |||
| Title: | Vice President | |||
S-1
| SOVEREIGN BANK |
||||
| By: | /s/ T. Xxxxxxx Xxxxxxx | |||
| Name: | T. Xxxxxxx Xxxxxxx | |||
| Title: | Senior Vice President | |||
| XXXXXXX XXXXX BANK, FSB |
||||
| By: | /s/ Xxxxxx X. Xxxxx | |||
| Name: | Xxxxxx X. Xxxxx | |||
| Title: | Vice President | |||
| CITIZENS BANK OF PENNSYLVANIA |
||||
| By: | /s/ Xxxxxx X. Xxxxxx | |||
| Name: | Xxxxxx X. Xxxxxx | |||
| Title: | Senior Vice President | |||
| KEYBANK, NATIONAL ASSOCIATION |
||||
| By: | /s/ Xxxxxxx X. Xxxx | |||
| Name: | Xxxxxxx X. Xxxx | |||
| Title: | Vice President | |||
| LASALLE BANK NATIONAL ASSOCIATION |
||||
| By: | /s/ Xxxxxx X. Xxxxxxx | |||
| Name: | Xxxxxx X. Xxxxxxx | |||
| Title: | FVP | |||
S-2
EXHIBIT A
EXHIBIT F TO LOAN AGREEMENT
OWNERSHIP INTERESTS AND TAXPAYER IDENTIFICATION NUMBERS
| Tax Identification | ||||
| Entity Name | Partners/Members | Number | ||
Cedar-South Philadelphia I,
LLC
|
Cedar-South Philadelphia II, LLC (100%) | 00-0000000 | ||
Cedar-South Philadelphia II,
LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Riverview LP
|
Cedar-Riverview LLC (1%; general partner); CSC-Riverview LLC (99%; limited partner) | 00-0000000 | ||
Cedar-Riverview LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
CSC-Riverview LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Lender LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Delaware 1851 Associates, LP
|
Cedar-Columbus LLC (1%; general partner); CSC-Columbus LLC (99%; limited partner) | 00-0000000 | ||
Cedar-Columbus LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Sunset Crossing, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
CSC-Columbus LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Xxxxxx, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Swede Square Associates, L.P.
|
Swede Square, LLC (0.1%; general partner); Cedar Shopping Centers Partnership, L.P. (99.9%; limited partner) | 00-0000000 | ||
Swede Square, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Lake Raystown, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 |
Ex A-1
| Tax Identification | ||||
| Entity Name | Partners/Members | Number | ||
Cedar Huntingdon, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Brickyard, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar St. Xxxxx, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar Kenley Village, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Valley Plaza, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Xxxx Xxxxx UK, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Fredericksburg UK, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Salem Run, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-VA Commons LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Revere LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Carlisle, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Xxxxxxx Plaza 2, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Oakhurst, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Palmyra, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Stadium Plaza, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Xxxxx Land, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Arlington Road, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Zanesville LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Cuyahoga, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Westfield LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 |
Ex A-2
| Tax Identification | ||||
| Entity Name | Partners/Members | Number | ||
Cedar-Fairview Commons, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Xxxxxx LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 | ||
Cedar-Xxxxxxx, LLC
|
Cedar Shopping Centers Partnership, L.P. (100%) | 00-0000000 |
Ex A-3
EXHIBIT B
EXHIBIT J TO LOAN AGREEMENT
| Adjusted Appraised Value as | ||
| Borrowing Base Property | of September 30, 0000 | |
Xxxxx Xxxxxxxxxxxx Shopping Plaza |
$36,400,000.00 | |
Philadelphia, Pennsylvania |
||
Riverview Shopping Center |
$43,200.000.00 | |
Philadelphia, Pennsylvania |
||
Sunset Crossing Shopping Center |
$11,250,000.00 | |
Xxxxxxx, Pennsylvania |
||
Columbus Crossing Shopping Center |
$23,000,000.00 | |
Philadelphia, Pennsylvania |
||
Dubois Commons Shopping Center |
$17,690,000.00 | |
Xxxxx, Pennsylvania |
||
Swede Square Shopping Center |
$11,500,000.00 (subject to | |
East Norriton, Pennsylvania |
further update to take into | |
| account the appraised value | ||
| of the Penn Square Tavern) | ||
Lake Raystown Shopping Center |
$6,700,000.00 | |
Smithfield, Pennsylvania |
||
Brickyard Shopping Center |
$28,200,000.00 | |
Berlin, Connecticut |
||
Valley Plaza Shopping Center, Hagerstown, Maryland |
$9,950,000.00 | |
St. Xxxxx Shopping Center, Hagerstown, Maryland |
$4,250,000.00 | |
Xxxxxx Xxxxxxx Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx |
$3,750,000.00 | |
Ukrop’s Shopping Center, Fredericksburg, Virginia |
$16,000,000.00 | |
Ukrop’s Shopping Center, Glen Allen, Virginia |
$6,300,000.00 | |
Virginia Center Commons Glen Allen, Virginia |
$4,900,000.00 | |
The Shoppes at Salem Run Fredericksburg, Virginia |
$5,300,000.00 |
Ex B-1
| Adjusted Appraised Value as | ||
| Borrowing Base Property | of September 30, 2007 | |
Unit 2 of The Shops at Suffolk Downs |
$19,300,000.00 (As Is) | |
Condominium |
$20,900,000.00 (At | |
Revere, Massachusetts |
Completion) | |
Point at Carlisle Shopping Center Carlisle, Pennsylvania |
$12,900,000.00 | |
Xxxxxxxxxxx Xxxxx (Xxxxx 0, 0X xxx 0) Xxxxxxxxxxx, Xxxxxxxxxxxx |
$27,500,000.00 | |
Oakhurst Plaza Harrisburg, Pennsylvania |
$22,500,000.00 | |
Palmyra Shopping Center Palmyra, Pennsylvania |
$7,400,000.00 | |
Stadium Plaza East Lansing, MI |
$11,500,000.00 | |
Xxxxx Land Plaza |
$4,200,000.00 | |
Lovington, Virginia |
||
First Merit Bank |
$900,000.00 | |
Akron, Ohio |
||
Family Dollar |
$700,000.00 | |
Zanesville, Ohio |
||
First Merit Bank |
$975,000.00 | |
Cuyahoga Falls, Ohio |
||
CVS Drugstore |
$2,250,000.00 | |
Village of Westfield, New York |
||
Fairview Commons |
$4,700,000 (As Is) | |
Fairview Township, Pennsylvania |
$5,200,000 (Upon Stabilization) | |
McDonalds and Waffle House |
$1,100,000.00 | |
Medina, Ohio |
||
Hannaford Plaza |
$9,600,000.00 | |
Norwood, Massachusetts |
Ex B-2
EXHIBIT C
SCHEDULE 6.14.2(i) TO LOAN AGREEMENT
| Borrowing Base Property | Fee or Leasehold Estate Interest | |
South Philadelphia Shopping Plaza Philadelphia, Pennsylvania |
Leasehold | |
Riverview Shopping Center Philadelphia, Pennsylvania |
Fee and Leasehold | |
Sunset Crossing Shopping Center Xxxxxxx, Pennsylvania |
Fee | |
Columbus Crossing Shopping Center Philadelphia, Pennsylvania |
Fee | |
Dubois Commons Shopping Center Xxxxx, Pennsylvania |
Fee | |
Swede Xxxxxx Xxxxxxxx Xxxxxx Xxxx Xxxxxxxx, Xxxxxxxxxxxx |
Fee | |
Lake Raystown Shopping Center Smithfield, Pennsylvania |
Fee | |
Brickyard Shopping Center Berlin, Connecticut |
Fee | |
Valley Plaza Shopping Center, Hagerstown, Maryland |
Fee | |
St. Xxxxx Shopping Center, Hagerstown, Maryland |
Fee | |
Kenley Village Shopping Center, Hagerstown, Maryland |
Fee | |
Ukrop’s Shopping Center, Fredericksburg, Virginia |
Fee | |
Ukrop’s Shopping Center, Glen Allen, Virginia |
Fee | |
Virginia Center Commons, Glen Allen, Virginia |
Fee | |
The Shoppes at Salem Run, Fredericksburg, Virginia |
Fee | |
Xxxx 0 xx Xxx Xxxxx xx Xxxxxxx
Xxxxx Condominium, Revere, Massachusetts |
Fee | |
Point at Carlisle Shopping Center Carlisle, Pennsylvania |
Fee | |
Trexlertown Plaza (Units 1, 3A
and 4) Trexlertown, Pennsylvania |
Fee |
Ex C-1
| Borrowing Base Property | Fee or Leasehold Estate Interest | |
Oakhurst Plaza Harrisburg, Pennsylvania |
Fee | |
Palmyra Shopping Center Palmyra, Pennsylvania |
Fee and Access Easement | |
Stadium Plaza East Lansing, MI |
Fee | |
Xxxxx Land Plaza Lovington, Virginia |
Fee | |
First Merit Bank Akron, Ohio |
Fee | |
Family Dollar Zanesville, Ohio |
Fee | |
First Merit Bank Cuyahoga Falls, Ohio |
Fee | |
CVS Xxxxxxxxx Xxxxxxx xx Xxxxxxxxx, Xxx Xxxx |
Fee | |
Fairview Commons Fairview Township, Pennsylvania |
Fee | |
McDonalds and Waffle House Medina, Ohio |
Fee | |
Hannaford Plaza Norwood, Massachusetts |
Fee |
Ex C-2
Rights of First Refusal
Right of First Refusal, executed on October 31, 2003, and effective as of November 3, 2003, granted
by Cedar-Riverview LP, a Pennsylvania limited partnership, to Firehouse Realty Corp., a
Pennsylvania corporation, Xxxx Development Associates, Inc., a Pennsylvania corporation, South
River View Plaza, Inc., a Pennsylvania corporation, River View Development Corp., a Pennsylvania
corporation, and Riverview Commons, Inc., a Pennsylvania corporation.
Right of First Refusal, executed on November 19, 2003, and effective as of December 9, 2003,
granted by Delaware 1851 Associates, LP, a Pennsylvania limited partnership, to Welsh-Square, Inc.,
a Pennsylvania corporation, Indenture of Trust of Xxxx Xxxxxxxxx dated as of June 9, 1998, a
Pennsylvania trust, and Irrevocable Indenture of Trust of Xxxxxx Xxxxxxxxx dated July 13, 1999, a
Pennsylvania trust.
RFR-1
