CREDIT AGREEMENT DATED AS OF OCTOBER 31, 2006 BY AND AMONGCredit Agreement • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts • Georgia
THIS CREDIT AGREEMENT (this “Agreement”) dated as of October 31, 2006 by and among NNN APARTMENT REIT HOLDINGS, L.P., a Virginia limited partnership (“Borrower”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 12.5(d) (collectively, the “Lenders” and individually a “Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent (the “Agent”).
GUARANTY (MEZZANINE LOAN)Guaranty • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts • Georgia
THIS GUARANTY (MEZZANINE LOAN) (this “Guaranty”) dated as of October 31, 2006, executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of a Joinder Agreement (Mezzanine Loan) (all of the undersigned, together with such other Persons each a “Guarantor” and collectively, the “Guarantors”) in favor of (a) WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Lenders under that certain Mezzanine Credit Agreement dated as of October 31, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Mezzanine Credit Agreement”), by and among NNN APARTMENT REIT HOLDINGS, L.P., a Virginia limited partnership (the “Borrower”), the financial institutions party thereto and their assignees under Section 12.5 thereof (the “Lenders”), the Agent, and the other parties thereto, and (b) the Lenders (the parties described in (a) and (b) are hereinafter referred to c
CONTRACT OF SALEContract of Sale • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts • Texas
THIS CONTRACT OF SALE (this “Contract”) is made and entered as of the Effective Date (as hereinafter defined) by and between TR WALKER RANCH PARTNERS, LTD., a Texas limited partnership (“Seller”), and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”).
October 31, 2006Credit Agreement • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
AMENDMENT TO CONTRACT OF SALEContract of Sale • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Amendment to Contract of Sale (“Amendment”), the effective date of which, is June 2, 2006, is entered into by TR WALKER RANCH PARTNERS, LTD., a Texas limited partnership (“Seller”) and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”). Buyer and Seller are sometimes collectively referred to herein as, the “Parties”.
October 31, 2006Mezzanine Credit Agreement • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
MEZZANINE CREDIT AGREEMENT DATED AS OF OCTOBER 31, 2006 BY AND AMONGMezzanine Credit Agreement • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts • Georgia
THIS MEZZANINE CREDIT AGREEMENT (this “Agreement”) dated as of October 31, 2006 by and among NNN APARTMENT REIT HOLDINGS, L.P., a Virginia limited partnership (“Borrower”), each of the financial institutions initially a signatory hereto together with their assignees pursuant to Section 12.5(d) (collectively, the “Lenders” and individually a “Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as Agent (the “Agent”).
ASSIGNMENT OF CONTRACTAssignment of Contract • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF CONTRACT (the “Assignment”) is made as of the 30th day of October 2006, by Triple Net Properties, LLC, a Virginia limited liability company (“Assignor”) to Apartment REIT Walker Ranch, LP., a Texas limited partnership (“Assignee”).
AMENDMENT TO CONTRACT OF SALEContract of Sale • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Amendment to Contract of Sale (“Amendment”), the effective date of which is September 6, 2006, is entered into by TR WALKER RANCH PARTNERS, LTD; a Texas Limited partnership (“Seller”) and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability Company (“Buyer”). Buyer and Seller are sometimes collectively referred to herein as the “Parties”.
SWINGLINE NOTESwingline Note • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Note is the Swingline Note referred to in Credit Agreement dated as of October 31, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower, the financial institutions party thereto and their assignees under Section 12.5 thereof (the “Lenders”), Wachovia Bank, National Association, as Agent, and the other parties thereto, and evidences Swingline Loans made to the Borrower thereunder. Terms used but not otherwise defined in this Note have the respective meanings assigned to them in the Credit Agreement.
AMENDMENT TO CONTRACT OF SALEContract of Sale • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Amendment to Contract of Sale (“Amendment”), the effective date of which is July 31, 2006, is entered into by TR WALKER RANCH PARTNERS, LTD., a Texas limited partnership (“Seller”) and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”). Buyer and Seller are sometimes collectively referred to herein as the “Parties”.
REVOLVING NOTERevolving Note • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Note is one of the Revolving Notes referred to in the Credit Agreement dated as of October 31, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among the Borrower the financial institutions party thereto and their assignees under Section 12.5 thereof (the “Lenders”), the Agent, and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Credit Agreement.
NOTE (MEZZANINE LOAN) (Walker Ranch Property)Mezzanine Loan Agreement • November 3rd, 2006 • NNN Apartment REIT, Inc. • Real estate investment trusts
This Note is one of the Notes referred to in the Mezzanine Credit Agreement dated as of October 31, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Mezzanine Credit Agreement”), by and among the Borrower the financial institutions party thereto and their assignees under Section 12.5 thereof (the “Lenders”), the Agent, and the other parties thereto. Capitalized terms used herein, and not otherwise defined herein, have their respective meanings given them in the Mezzanine Credit Agreement.
