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EXHIBIT 10.113
FOURTH AMENDMENT TO
AMENDED AND RESTATED
CREDIT AND SECURITY AGREEMENT
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED CREDIT AND SECURITY
AGREEMENT (this "Amendment") is made and entered into effective as of February
1,2000 between CRESCENT REAL ESTATE EQUITIES LIMITED PARTNERSHIP , a Delaware
limited partnership (the "Lender"), and CRESCENT OPERATING, INC., a Delaware
corporation (the "Borrower").
RECITALS:
A. The parties executed that certain Amended and Restated Credit and
Security Agreement dated as of May 21,1997, as amended by that certain First
Amendment to Amended and Restated Credit and Security Agreement dated as of
August 11, 1998, by that certain Second Amendment to Amended and Restated Credit
and Security Agreement dated as of September 21, 1998, and by that certain Third
Amendment to Amended and Restated Credit and Security Agreement dated as of
March 11,1999 (collectively, the "Original Agreement"). All capitalized terms
not otherwise defined in this Amendment will have the same meaning as described
in the Original Agreement.
B. The parties wish to modify the Original Agreement to defer the
principal and interest payments that would otherwise be due on the first
Business Day of February, May, August and November 2000 until the first Business
Day of February 2001.
In consideration of the mutual covenants set forth herein, and for
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Section 2.2. Section 2.2(a) of the Original Agreement is hereby
amended by the addition of the following sentence to the end thereof:
The Borrower and the Lender hereby agree that the principal that would
otherwise be due on the first Business Day of February, May, August and
November 2000 shall be deferred until, and shall be due on, the first
Business Day of February 2001.
2. Section 2.3. Section 2.3(c) of the Original Agreement is hereby
amended by the addition of the following sentence to the end thereof:
The Borrower and the Lender hereby agree that the interest that would
otherwise be due on the first Business Day of February, May, August and
November 2000 shall be deferred until, and shall be due on, the first
Business Day of February 2001.
3. Remainder of Original Agreement. Except as amended hereby, the
Original Agreement shall continue in full force and effect in the form that was
effective immediately before the execution of this Amendment.
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4. Counteparts. This Amendment may be executed in any number of
counterparts, all of which taken together shall constitute one and the same
document.
5. Binding Effect. This Amendment shall be binding upon and inure to
the benefit of the respective successors and assigns of the parties hereto.
6. Governing Law and Severability. This Amendinent shall be governed by
and construed in accordance with the laws of the State of Texas. Whenever
possible, each provision hereof shall be interpreted in such manner as to be
effective and valid under applicable law.
IN WITNESS WHEREOF, the parties below have executed this Amendinent
effective as of the date first written above.
CRESCENT OPERATING, INC.
By:
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Name:
Title:
CRESCENT REAL ESTATE EQUITIES
LIMITED PARTNERSHIP
By: Crescent Real Estate Equities, Ltd.,
its general partner
By:
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Name:
Title:
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