750,000,000 CREDIT AGREEMENT (AFFILIATE BORROWER I-A) among TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY HOLDINGS I (BORROWER-A), L.P., as Borrower, and ARCHSTONE-SMITH OPERATING TRUST, as Lender Dated as of October 5, 2007Credit Agreement • April 1st, 2008 • Archstone • Real estate investment trusts • New York
CREDIT AGREEMENT (AFFILIATE BORROWER I-A), dated as of October 5, 2007, among TISHMAN SPEYER ARCHSTONE-SMITH MULTIFAMILY HOLDINGS I (BORROWER-A), L.P., a Delaware limited partnership (the “Borrower”), and ARCHSTONE-SMITH OPERATING TRUST, a Maryland real estate investment trust (the “Lender”).
UNIT AWARD AGREEMENTUnit Award Agreement • April 1st, 2008 • Archstone • Real estate investment trusts • Delaware
This Unit Award Agreement (this “Agreement”), is made effective as of October 5, 2007, (hereinafter referred to as the “Date of Grant”), between Tishman Speyer Archstone-Smith Multifamily Parallel Guarantor II, L.L.C., a limited liability company organized under the laws of the State of Delaware (the “Company”), and R. Scott Sellers (“Sellers”). Capitalized terms not defined in this Agreement shall have the meaning given to them in the Limited Liability Company Agreement of the Company, dated as of October 5, 2007 (the “LP Agreement”).
AMENDMENT TO SEPARATION AND GENERAL RELEASE AGREEMENTSeparation and General Release Agreement • April 1st, 2008 • Archstone • Real estate investment trusts
This AMENDMENT TO SEPARATION AND GENERAL RELEASE AGREEMENT (the “Amendment”) is dated as of June 1, 2007, between Archstone-Smith Operating Trust (the “Operating Trust”), Archstone-Smith Trust (“ASN”) (Operating Trust and ASN are referred to hereinafter as the “Company”), and J. Lindsay Freeman (the “Executive”) and shall be effective upon the consummation of the Merger (as defined below).
CONFIDENTIAL PORTIONS MARKED [*******] HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.Archstone • April 1st, 2008 • Real estate investment trusts
This side letter is written in connection with (i) the Credit Agreement, dated the date hereof (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Archstone-Smith Operating Trust, a Maryland real estate investment trust (the “Borrower”), the lenders party thereto (the lenders party thereto, the “Senior Lenders”), Lehman Commercial Paper Inc., as administrative agent, and other parties party thereto, (ii) the Mezzanine A Loan Agreement, dated the date hereof (the “Mezzanine A Loan Agreement”), between the entities identified in Schedule I hereto (the “Mezzanine A Borrowers”) and Lehman Brothers Holdings Inc. (“LBHI”), Bank of America, N.A. (“BofA”), and Barclays Capital Real Estate Finance Inc. (“Barclays” and, together with LBHI and BofA, the “Mezzanine A Lenders”), (iii) the Mezzanine B Loan Agreement, dated the date hereof (the “Mezzanine B Loan Agreement” and, together with the Mezzanine A Loan Agreement, the “Mezzanine Loan Agreements”)
SEPARATION AND GENERAL RELEASE AGREEMENTSeparation and General Release Agreement • April 1st, 2008 • Archstone • Real estate investment trusts
This Separation and General Release Agreement (the “Agreement”), is made as of April 2, 2007and will be effective as of December 31, 2007, by and between J. Lindsay Freeman (“Freeman”), an individual, Archstone-Smith Operating Trust, a Maryland real estate investment trust (the “Operating Trust”) and Archstone-Smith Trust, a Maryland real estate investment trust (the “ASN”) (Operating Trust and ASN are collectively referred to as the “Company”).
TISHMAN SPEYER ARCHSTONE SMITH MULTIFAMILY PARTICIPANTS, L.L.C. Award AgreementAward Agreement • April 1st, 2008 • Archstone • Real estate investment trusts
ContractEmployment Agreement • April 1st, 2008 • Archstone • Real estate investment trusts • Delaware
EMPLOYMENT AGREEMENT (this “Agreement”) dated as of October 5, 2007, among ARCHSTONE-SMITH COMMUNITIES L.L.C., a limited liability company formed under the laws of the State of Delaware (the “Employer”), R. SCOTT SELLERS (“Executive”), and Archstone-Smith Operating Trust, a real estate investment trust formed under the laws of the State of Maryland (the “Company” or “ASOT”), as Guarantor.
