0000950133-02-001876 Sample Contracts

GUARANTY
New Plan Excel Realty Trust Inc • May 10th, 2002 • Real estate investment trusts

GUARANTY (as the same may be amended, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of March 1, 2002, by and among ERT DEVELOPMENT CORPORATION, a Delaware corporation (the “Subsidiary Guarantor”) and FLEET NATIONAL BANK, as administrative agent (in such capacity, the “Administrative Agent”) on behalf of the Lenders under and as defined in the Loan Agreement (hereinafter defined).

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GUARANTY
New Plan Excel Realty Trust Inc • May 10th, 2002 • Real estate investment trusts

GUARANTY (as the same may be amended, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of March 1, 2002, by CA NEW PLAN ASSET PARTNERSHIP IV, L.P., a Delaware limited partnership (the “Subsidiary Guarantor”) and FLEET NATIONAL BANK, as administrative agent (in such capacity, the “Administrative Agent”) on behalf of the Lenders under and as defined in the Loan Agreement (hereinafter defined).

TERM LOAN AGREEMENT BY AND AMONG NEW PLAN EXCEL REALTY TRUST, INC., THE LENDERS PARTY HERETO, AND FLEET NATIONAL BANK AS ADMINISTRATIVE AGENT DATED AS OF MARCH 1, 2002 FLEET SECURITIES, INC. AS SOLE LEAD ARRANGER AND SYNDICATION AGENT
Term Loan Agreement • May 10th, 2002 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

TERM LOAN AGREEMENT, dated as of March 1, 2002, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), each lender party hereto or which becomes a “Lender” pursuant to the provisions of Section 11.7 (each a “Lender” and, collectively, the “Lenders”), and FLEET NATIONAL BANK (“FNB”), as administrative agent (in such capacity, the “Administrative Agent”).

EMPLOYMENT AGREEMENT
Employment Agreement • May 10th, 2002 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

AGREEMENT (“Agreement”), dated as of March 1, 2002, by and between CA New Plan Management, Inc., a Delaware corporation (the “Company”) and Scott MacDonald (“Executive”).

GUARANTY
New Plan Excel Realty Trust Inc • May 10th, 2002 • Real estate investment trusts

GUARANTY (as the same may be amended, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of March 1, 2002, by and among each of the Subsidiaries listed on Schedule I hereto (collectively, the “Subsidiary Guarantors”) and FLEET NATIONAL BANK, as administrative agent (in such capacity, the “Administrative Agent”) on behalf of the Lenders under and as defined in the Loan Agreement (hereinafter defined).

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