CLASS A PROMISSORY NOTEPromissory Note • April 29th, 2008 • Maxxam Inc • Forestry
FOR VALUE RECEIVED, M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and M-SIX PENVEST II BUSINESS TRUST (LA), a Delaware business trust and M-SIX PENVEST II LIMITED PARTNERSHIP (NEV.) a Delaware limited partnership (together with their respective permitted successors and assigns, collectively referred to herein as "Owner), hereby jointly and severally promise to pay to the order of THE CAPITAL COMPANY OF AMERICA LLC, a Delaware limited liability corporation, as successor in interest to NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation (together with its successors and assigns referred to herein as "Lender"), or order, the principal sum of $9,985,451.41 and all other amounts advanced by Lender to or on behalf of Owner pursuant to the Indenture (as hereinafter defined) or any other Loan Document (as defined in the Indenture) and allocated to this Class A Note pursuant to the Indenture (collectively, as such amount may be reduced from time to time as the result of the p
LOAN AGREEMENT dated as of November 19 , 2002 between BELTWAY ASSETS LLC, as Borrower and LEGG MASON REAL ESTATE SERVICES, INC., as LenderLoan Agreement • April 29th, 2008 • Maxxam Inc • Forestry • Texas
THIS LOAN AGREEMENT (this “Loan Agreement”), dated as of November 19 , 2002, between BELTWAY ASSETS LLC, a Delaware limited liability company having an address of 5847 San Felipe, Suite 2600, Houston, Texas 77057 (“Borrower”) and LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation, having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202 (the “Lender”).
LOAN AGREEMENT BY AND BETWEEN NOMURA ASSET CAPITAL CORPORATION, as Lender and M-SIX PENVEST II BUSINESS TRUST, as OwnerLoan Agreement • April 29th, 2008 • Maxxam Inc • Forestry • New York
LOAN AGREEMENT (this "Agreement"), dated as of April 30, 1998, by and between NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation, as lender (together with its successors and assigns, "Lender"), and M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, as borrower (together with each other Owner listed on Schedule I to the Indenture referred to below and their respective permitted successors and assigns, "Owner").
LEASE AGREEMENT Among each Owner listed on Schedule AA attached hereto with respect to the related Project as Landlord and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation as TenantLease Agreement • April 29th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE AGREEMENT, dated as of April 3 0,1998 (this "Lease"), is made and entered into among M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and each other Owner listed on Schedule AA hereto through which it directly or indirectly owns its interests in a Project (together with their respective successors and assigns, herein called "Landlord", either individually or collectively as appropriate in the context used) having an address at C/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, 29th Floor, New York, New York 10019, and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation(together with its successors and assigns, herein called "Tenant"), having an address at 3 00 Delaware Avenue, Suite 571, Wilmington, Delaware 19801.
PURCHASE AGREEMENTPurchase Agreement • April 29th, 2008 • Maxxam Inc • Forestry • New York
THIS PURCHASE AGREEMENT (this "Agreement"), dated as of November 12, 2002, between USRA LEVERAGED NET LEASE, LLC, a Delaware limited liability company ("Seller") having an address c/o U.S. Realty Advisors LLC, 1370 Avenue of the Americas, New York, New York 10019, and MOTEL ASSETS HOLDINGS LLC, a Delaware limited liability company ("Purchaser") having an address at 5847 San Felipe, Suite 2600, Houston, Texas 77057.
LEASE GUARANTYLease Guaranty • April 29th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE GUARANTY, dated as of April 30, 1998 (together with all amendments and supplements hereto, this "Guaranty") made by ACCOR, a corporation duly organized under the laws of France (the "Guarantor") in favor of M-SIX PENVEST II BUSINESS TRUST (together with each Owner listed on Schedule I hereto through which it directly or indirectly holds title to the Properties, as hereinafter defined and their respective successors and assigns, collectively referred to herein as the "Owner"). Each Owner is individually referred to herein as a "Beneficiary" and collectively as the "Beneficiaries".
LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT Dated as of October 26, 2000 Between PALMAS COUNTRY CLUB, INC. a Delaware corporation and PUERTO RICO TOURISM DEVELOPMENT FUND, an instrumentality of the Commonwealth of Puerto Rico PUERTO RICO INDUSTRIAL,...Letter of Credit and Reimbursement Agreement • April 29th, 2008 • Maxxam Inc • Forestry • Puerto Rico
LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT dated as of October 26, 2000, between PALMAS COUNTRY CLUB, INC. (the "Company"), a Delaware corporation, and the PUERTO RICO TOURISM DEVELOPMENT FUND, an instrumentality of the Commonwealth of Puerto Rico ("TDF").
LEASE AGREEMENT between BELTWAY ASSETS LLC, a Delaware limited liability company, as Lessor, and COOPER CAMERON CORPORATION, a Delaware corporation, as Lessee Dated as of November 19, 2002Lease Agreement • April 29th, 2008 • Maxxam Inc • Forestry
THIS LEASE, dated as of the date specified in Item 1 of Schedule B (as amended from time to time this "Lease"), between the Lessor specified in Item 2 of Schedule B ("Lessor"), having an office at the address set forth in Item 2 of Schedule B and the Lessee specified in Item 3 of Schedule B (herein, together with any Person succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, called "Lessee"), having an address at the address set forth in Item 3 of Schedule B,, both parties intending to be legally bound.
TRUST AGREEMENT Between PUERTO RICO INDUSTRIAL, TOURIST, EDUCATIONAL, MEDICAL AND ENVIRONMENTAL CONTROL FACILITIES FINANCING AUTHORITY and PAINEWEBBER TRUST COMPANY OF PUERTO RICO as Trustee Dated October 26, 2000 Securing Tourism Revenue Bonds,Trust Agreement • April 29th, 2008 • Maxxam Inc • Forestry
---Attorney-at-law and Notary Public in and for the Commonwealth of Puerto Rico, with residence in Guaynabo, Puerto Rico and offices at the Sixteenth (16th) Floor, Banco Popular Center, Ponce de Leon Avenue, Hato Rey, San Juan, Puerto Rico.
LOAN AGREEMENT Between PUERTO RICO INDUSTRIAL, TOURIST, EDUCATIONAL, MEDICAL AND ENVIRONMENTAL CONTROL FACILITIES FINANCING AUTHORITY PALMAS COUNTRY CLUB, INC. Dated October 26, 2000Loan Agreement • April 29th, 2008 • Maxxam Inc • Forestry
This Loan Agreement has been assigned to PaineWebber Trust Company of Puerto Rico, as Trustee under a Trust Agreement dated October 26, 2000, as amended or supplemented from time to time, from Puerto Rico Industrial, Tourist, Educational, Medical and Environmental Control Facilities Financing Authority to such Trustee. A copy of such Trust Agreement may be inspected at the corporate trust office of the Trustee at American International Plaza, 9th Floor, 250 Munoz Rivera Avenue, San Juan, Puerto Rico 00918.
INDEMNITY AND GUARANTY AGREEMENTIndemnification & Liability • April 29th, 2008 • Maxxam Inc • Forestry • Texas
THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), executed this 18th day of November, 2002 and effective as of the 19th day of November, 2002, by BELTWAY ASSETS HOLDINGS LLC, a Delaware limited liability company (the "Indemnitor"), having an office at c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057, in favor of LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation (together with any subsequent holder of the hereinafter defined Note, the "Lender"), having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202.
