0000950123-11-074123 Sample Contracts

AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • August 8th, 2011 • Cogdell Spencer Inc. • Real estate investment trusts

This AMENDMENT NO. 1 TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 16, 2011 (this “Amendment”), is made by and among COGDELL SPENCER LP, a Delaware limited partnership (the “Borrower”), COGDELL SPENCER INC., a Maryland corporation (“CSI”), EACH LENDER PARTY HERETO, EACH OF THE UNDERSIGNED GUARANTORS and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), L/C Issuer and Swing Line Lender.

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GUARANTY AGREEMENT
Guaranty Agreement • August 8th, 2011 • Cogdell Spencer Inc. • Real estate investment trusts • New York

THIS GUARANTY AGREEMENT (this “Guaranty Agreement”), dated as of August 2, 2011, among EACH OF THE UNDERSIGNED AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A GUARANTY JOINDER AGREEMENT (each a “Guarantor” and collectively the “Guarantors”) and BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States, as administrative agent (in such capacity, the “Agent”) for each of the Benefited Parties. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement (defined below).

SECURITIES PLEDGE AGREEMENT
Securities Pledge Agreement • August 8th, 2011 • Cogdell Spencer Inc. • Real estate investment trusts • New York

THIS SECURITIES PLEDGE AGREEMENT dated as of August 2, 2011 (this “Pledge Agreement”), is being entered into among COGDELL SPENCER LP, a Delaware limited partnership (the “Borrower”), COGDELL SPENCER ADVISORS MANAGEMENT, LLC, a Delaware limited liability company (“Advisors” and, together with the Borrower, collectively, the “Pledgors”), and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the “Administrative Agent”) for each of the Secured Parties (as defined in the Credit Agreement referenced below).

AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • August 8th, 2011 • Cogdell Spencer Inc. • Real estate investment trusts

This AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT, dated as of August 1, 2011 (this “Amendment”), is made by and among COGDELL SPENCER LP, a Delaware limited partnership (the “Borrower”), COGDELL SPENCER INC., a Maryland corporation (“CSI”), EACH LENDER PARTY HERETO, EACH OF THE UNDERSIGNED GUARANTORS and BANK OF AMERICA, N.A., as Administrative Agent for the Lenders (in such capacity, the “Administrative Agent”), L/C Issuer and Swing Line Lender.

CREDIT AGREEMENT Dated August 2, 2011 among COGDELL SPENCER LP, as Borrower, COGDELL SPENCER INC., as a Guarantor, BANK OF AMERICA, N.A., as Administrative Agent, and THE OTHER LENDERS PARTY HERETO MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED as...
Credit Agreement • August 8th, 2011 • Cogdell Spencer Inc. • Real estate investment trusts • New York

This CREDIT AGREEMENT (this “Agreement”) is entered into effective as of August 2, 2011, among COGDELL SPENCER LP, a Delaware limited partnership (“Borrower”), COGDELL SPENCER INC., a Maryland corporation (“CSI”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent.

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