0000950144-05-003699 Sample Contracts

AGREEMENT AND FIRST AMENDMENT TO CREDIT AGREEMENT
Agreement and First • April 8th, 2005 • Education Realty Trust, Inc. • Real estate investment trusts • New York

THIS AGREEMENT and First Amendment to Credit Agreement, hereinafter referred to as this “Amendment”, dated as of April 4, 2005, is made and entered into by and among EDUCATION REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership, EDR ATHENS I, LLC, a Delaware limited liability company, EDR TALLAHASSEE I, LLC, a Delaware limited liability company, EDR C STATION, LLC, a Delaware limited liability company, EDR TALLAHASSEE LIMITED PARTNERSHIP, a Delaware limited partnership, EDR THARPE LIMITED PARTNERSHIP, a Delaware limited partnership and EDR LAWRENCE LIMITED PARTNERSHIP, a Delaware limited partnership, (collectively and jointly and severally the “Borrower”), the financial institutions (including JPMCB, the Syndication Agent and the Documentation Agent, the “Lenders”) which are now or may hereafter become signatories hereto, JPMORGAN CHASE BANK, N.A. (“JPMCB”), as administrative agent for Lenders (in such capacity, “Agent”), UBS SECURITIES LLC, as syndication agent for Lender

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