AMENDED AND RESTATED CREDIT AGREEMENT Dated October 30, 2003 among ARCHSTONE- SMITH OPERATING TRUST, as Borrower and ARCHSTONE-SMITH TRUST, as Parent and JPMORGAN CHASE BANK, as Administrative Agent and BANK OF AMERICA, N.A., and WELLS FARGO BANK,...Credit Agreement • March 5th, 2004 • Archstone Smith Trust • Real estate investment trusts • Texas
THIS AMENDED AND RESTATED CREDIT AGREEMENT (the “Agreement”) is made and entered into as of October 30, 2003, by and among ARCHSTONE-SMITH OPERATING TRUST, a Maryland real estate investment trust (the “Borrower”), ARCHSTONE-SMITH TRUST, a Maryland real estate investment trust, and the parent of the Borrower (the “Parent”), the financial institutions (including JPMC, the Syndication Agents and the Documentation Agents, the “Lenders”) which are now or may hereafter become signatories hereto, JPMORGAN CHASE BANK, a New York banking corporation (“JPMC”), as administrative agent for Lenders (in such capacity, “Agent”), BANK OF AMERICA, N.A. and WELLS FARGO BANK, N.A., and as syndication agents for Lenders (in such capacity, “Syndication Agents”), and BANK ONE, NA and COMMERZBANK AG, NEW YORK BRANCH, as documentation agents for Lenders (in such capacity, “Documentation Agents”).
RIGHTS AGREEMENT between ARCHSTONE-SMITH TRUST and MELLON INVESTOR SERVICES LLC Rights Agent Dated as of December 1, 2003Rights Agreement • March 5th, 2004 • Archstone Smith Trust • Real estate investment trusts • New York
WHEREAS, the Board of Trustees of the Trust (the “Board of Trustees”) has authorized and declared a dividend of one preferred share purchase right (a “Right”) for each Common Share (as hereinafter defined) of the Trust outstanding as of the close of business on the effective date of the Primary Archstone Merger (as such term is defined in the Amended and Restated Agreement and Plan of Merger, dated as of May 3, 2001, by and among Archstone, the Trust, Charles E. Smith Residential Realty, Inc. and Charles E. Smith Residential Realty L.P. (the “Merger Agreement”) (the “Record Date”), each Right representing the right to purchase one one-hundredth of a Preferred Share (as hereinafter defined), upon the terms and subject to the conditions herein set forth, and has further authorized and directed the issuance of one Right with respect to each Common Share that shall become outstanding between the Record Date and the Expiration Date (as such term is hereinafter defined).
ARCHSTONE-SMITH TRUST INDEMNIFICATION AGREEMENTArchstone-Smith Trust • March 5th, 2004 • Archstone Smith Trust • Real estate investment trusts • Maryland
AGREEMENT, made and entered into as of , 200 , between Archstone-Smith Trust, a Maryland real estate investment trust (the “Trust”), and (“Indemnitee”).
