AGREEMENT OF TERMSAgreement of Terms • February 24th, 2012 • Leucadia National Corp • Lumber & wood products (no furniture)
THIS AGREEMENT OF TERMS (this “Agreement”) is made as of December 31, 2011, by and between Berkshire Hathaway Inc. (“Berkshire”) and Leucadia National Corporation (“Leucadia”), each of which indirectly owns 50% of the equity of Berkadia Commercial Partners LLC and Berkadia Commercial Holding LLC, and their wholly-owned subsidiaries (collectively, “Berkadia”).
GENERAL TERMINATION AND RELEASEGeneral Termination and Release • February 24th, 2012 • Leucadia National Corp • Lumber & wood products (no furniture) • New York
THIS GENERAL TERMINATION AND RELEASE (this “Agreement”) is dated as of December 31, 2011 (the “Effective Date”), and is by and among BERKADIA COMMERCIAL MORTGAGE LLC, a Delaware limited liability company (the “Borrower”), BH FINANCE LLC, a Nebraska limited liability company (the “BH Finance”), as a lender under the Credit Agreement referred to below, Baldwin Enterprises, Inc., a Colorado corporation as a participant under the Credit Agreement referred to below (the “Participant”; together with BH Finance, the “Lenders”), BERKADIA COMMERCIAL MORTGAGE INC., a Delaware corporation (“BCM-Inc.”), as the guarantor under the Subsidiary Guaranty referred to below, and LEUCADIA NATIONAL CORPORATION, a New York corporation (“Leucadia”; together with the Borrower, the Lenders and BCM-Inc, the “Parties”), as the guarantor under the Guaranty referred to below.
