AGREEMENT OF MODIFICATION OF NOTE CONSOLIDATION AND MODIFICATION AGREEMENTNote Consolidation and Modification Agreement • February 28th, 2011 • Acadia Realty Trust • Real estate investment trusts • New York
THIS AGREEMENT OF MODIFICATION OF NOTE CONSOLIDATION AND MODIFICATION AGREEMENT (“Agreement”) dated November 5, 2010 but deemed effective as of October 30, 2010 (the “Effective Date”) made by and between ACADIA TARRYTOWN LLC, a New York limited liability company having an address c/o Acadia Realty Trust, 1311 Mamaroneck Avenue, Suite 260, White Plains, New York 10605 (“Borrower”) and ANGLO IRISH BANK CORPORATION LIMITED (f/k/a Anglo Irish Bank Corporation plc) a limited company organized under the laws of the Republic of Ireland, having an address at Stephen Court, 18/21 St. Stephen’s Green, Dublin 2, Ireland (“Lender”)
AMENDED AND RESTATED LOAN AGREEMENT among ACADIA CORTLANDT LLC, as Borrower and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent and THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO Dated as of October 26, 2010 BANC OF...Loan Agreement • February 28th, 2011 • Acadia Realty Trust • Real estate investment trusts • New York
THIS AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) dated as of October 26, 2010 is made by and among each lender from time to time a party hereto (individually, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association (“BofA”) as Administrative Agent, and ACADIA CORTLANDT LLC, a Delaware limited liability company (“Borrower”).
LOAN AGREEMENT among P/A-ACADIA PELHAM MANOR, LLC, as Borrower and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent and THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO Dated as of December 1, 2010 BANC OF AMERICA SECURITIES...Rents and Security Agreement • February 28th, 2011 • Acadia Realty Trust • Real estate investment trusts • New York
FOR VALUE RECEIVED, P/A-ACADIA PELHAM MANOR LLC (“Borrower”, whether one or more) hereby promises to pay to the order of Bank of America, N.A. (“Lender”) under that certain Loan Agreement (defined below) among Borrower, Bank of America N.A., a national banking association and administrative agent (together with any and all of its successors and assigns, “Administrative Agent”) for the benefit of Lenders from time to time a party to that certain Loan Agreement (the “Loan Agreement”) dated of even date herewith, without offset, in immediately available funds in lawful money of the United States of America, at Administrative Agent’s Office as defined in the Loan Agreement, the principal sum of Two Million Four Hundred Forty-Six Thousand Two Hundred Ninety-Eight and 11/100 Dollars ($2,446,298.11) (or the unpaid balance of all principal advanced against this Note, if that amount is less), together with interest on the unpaid principal balance of this Note from day to day outstanding as here
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 22, 2010 among ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, as Borrower, and BANK OF AMERICA, N.A., as Lender and BANK OF AMERICA, N.A., as Administrative AgentCredit Agreement • February 28th, 2011 • Acadia Realty Trust • Real estate investment trusts • New York
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (“this Agreement”) dated as of December 22, 2010 by and among ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, a Delaware limited liability company (“Borrower”), ACADIA REALTY ACQUISITION II, LLC, a Delaware limited liability company (“Managing Member”), ACADIA INVESTORS II, INC., a Maryland corporation (“Acadia Investors II”), BANK OF AMERICA, N.A., successor by merger to Fleet National Bank (in its individual capacity and not as Administrative Agent, “BofA”; BofA and each other lender who may become a Lender pursuant to Section 10.10, each, a “Lender” and collectively, “Lenders”) and BANK OF AMERICA, N.A., as Administrative Agent for Lenders (together with its successors in such capacity, “Administrative Agent”).
SECOND AMENDMENT TO BUILDING LOAN AGREEMENT Dated: as of October 20, 2010 By and between ACADIA ATLANTIC AVENUE, LLC, as Borrower andBuilding Loan Agreement • February 28th, 2011 • Acadia Realty Trust • Real estate investment trusts • New York
This SECOND AMENDMENT TO BUILDING LOAN AGREEMENT (this “Amendment”), dated as of October 20, 2010 (the “Effective Date”), by and between U.S. BANK NATIONAL ASSOCIATION, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE MAIDEN LANE COMMERCIAL MORTGAGE-BACKED SECURITIES TRUST 2008-1, c/o Bank of America, 900 West Trade Street, S 650, NCI-026-06-01, Charlotte, North Carolina 28255 (“Lender”) and ACADIA ATLANTIC AVENUE, LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue-Suite 260, White Plains, New York 10605 (“Borrower”), and acknowledged and agreed to by ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, a Delaware limited liability company (“Fund II”), POST MANAGEMENT, LLC, a Delaware limited liability company (“Post”; Fund II and Post, individually and/or collectively, as the context may require, the “Guarantor”) and SELF STORAGE MANAGEMENT LLC, a Delaware limited liability company (“Manager”).
