0000950152-07-001857 Sample Contracts

FOURTH AMENDED AND RESTATED OPERATING AGREEMENT OF DDR DownREIT LLC (An Ohio Limited Liability Company)
Operating Agreement • March 6th, 2007 • Developers Diversified Realty Corp • Real estate investment trusts • Ohio

THIS FOURTH AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”), dated as of February 26, 2007, of DDR DownREIT LLC (the “Company”) is entered into by and among Developers Diversified Realty Corporation, an Ohio corporation (“DDR” or the “Managing Member”), as the Managing Member, DD Development Company II, Inc., an Ohio corporation, (“DevCo II” or the “Nonmanaging Member”), as a Nonmanaging Member, and Wachovia Bank, National Association, a national banking association (“Wachovia” or the “Preferred Member”), as a Preferred Member, together with any other Persons who become Members in the Company as provided herein.

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