LOAN AGREEMENT Dated as of August 22, 2012 Between DAYTON MALL II, LLC, as Borrower andLoan Agreement • October 26th, 2012 • Glimcher Realty Trust • Real estate investment trusts • New York
RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • October 26th, 2012 • Glimcher Realty Trust • Real estate investment trusts • New York
THIS RESTRICTED STOCK AWARD AGREEMENT (“Agreement”), effective September __, 2012 (the “Effective Date”), represents the grant of restricted stock (“Stock”) by Glimcher Realty Trust (the “Company”), to __________ (the “Participant”) pursuant to the terms, provisions, and definitions of the Glimcher Realty Trust 2012 Incentive Compensation Plan (the “Plan”), which was adopted on February 15, 2012 by the Company’s Board of Trustees (“Board”) and approved on May 10, 2012 by the Company’s common shareholders. Stock granted hereby is intended to be restricted and shall be subject to the restrictions set forth in this Agreement and the Plan.
GUARANTY OF RECOURSE OBLIGATIONSGlimcher Realty Trust • October 26th, 2012 • Real estate investment trusts
FOR VALUE RECEIVED, and to induce WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, MAC A0227-020, Oakland, California 94612 (together with its successors and/or assigns, “Lender”), to lend to DAYTON MALL II, LLC, a Delaware limited liability company, having its principal place of business at 180 E. Broad Street, 21st Floor, Columbus, OH 43215 (“Borrower”), the principal sum of EIGHTY-TWO MILLION AND NO/100 DOLLARS ($82,000,000) (the “Loan”), evidenced by that certain Promissory Note (as the same may be amended, restated, replaced, split or otherwise modified, the “Note”) and that certain Loan Agreement (as the same may be amended, restated, replaced or otherwise modified the “Loan Agreement”) and secured by that certain Open-End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the “Security Instrument”) Guarantor (defined below) is delivering this Guaranty (defined below) to Lender. The Not
OPEN-END MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING DAYTON MALL II, LLC, as mortgagorSecurity Agreement and Fixture Filing • October 26th, 2012 • Glimcher Realty Trust • Real estate investment trusts • Ohio
THIS OPEN-END MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 22nd day of August, 2012, by DAYTON MALL II, LLC, a Delaware limited liability company, having its principal place of business at 180 E. Broad Street, 21st Floor, Columbus, OH 43215, as mortgagor (together with its permitted successors and assigns, “Borrower”) for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, with a mailing address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, MAC A0227-020, Oakland, California 94612, as mortgagee (together with its successors and assigns, “Lender”). All capitalized terms not defined herein shall have the respective meanings set forth in the Loan Agreement (defined below).
PROMISSORY NOTEGlimcher Realty Trust • October 26th, 2012 • Real estate investment trusts • New York
FOR VALUE RECEIVED DAYTON MALL II, LLC, a Delaware limited liability company, as maker, having its principal place of business at 180 E. Broad Street, 21st Floor, Columbus, OH 43215 (“Borrower”), hereby unconditionally promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, MAC A0227-020, Oakland, California 94612 (together with its successors and/or assigns, “Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of EIGHTY-TWO MILLION AND NO/100 DOLLARS ($82,000,000), or so much thereof as is advanced, in lawful money of the United States of America, with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this Note and that certain Loan Agreement dated the date hereof between Borrower and Lender (as the same may be amended, restated, replaced, supplemented or o
