Prepared by and after recording return to: Bryan Cave LLPLoan Modification Agreement • March 28th, 2013 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
GUARANTY AGREEMENTGuaranty Agreement • March 28th, 2013 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Delaware
This GUARANTY AGREEMENT (this “Guaranty”) is made as of the 27th day of December, 2012, by BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”), in favor of (a) BANK OF AMERICA, N.A., a national banking association (“Bank of America”; and together with its successors and assigns, “Syndicated Administrative Agent”), as Administrative Agent acting for and on behalf of BANK OF AMERICA and REGIONS BANK, an Alabama banking corporation (“Regions Bank”; and Bank of America and Regions Bank, together with their respective successors and assigns, are, collectively hereafter referred to as the “Syndicated Lenders”), and (b) BANK OF AMERICA(together with its successors and assigns, “Theater Administrative Agent”), as Administrative Agent acting for and on behalf of BANK OF AMERICA (together with its successors and assigns, the “Theater Lender”) (Syndicated Lenders and Theater Lender are referred to herein, collectively, as the “Lenders”, and each, a “Lender”).
Amended and Restated Loan Agreement Among BHFS I, LLC, a Delaware limited liability company, BHFS II, LLC, a Delaware limited liability company, BHFS III, LLC, a Delaware limited liability company, BHFS IV, LLC, a Delaware limited liability company,...Loan Agreement • March 28th, 2013 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”), effective as of December 27, 2012 (“Effective Date”), is made by and among BANK OF AMERICA, N.A., a national banking association (“Bank of America”), as Administrative Agent (“Administrative Agent”) acting for and behalf of REGIONS BANK, an Alabama banking corporation (“Regions Bank”), and BANK OF AMERICA (collectively, along with their successors and assigns, the “Lenders”, and individually, a “Lender”), and BHFS I, LLC, a Delaware limited liability company (“BHFS I”), BHFS II, LLC, a Delaware limited liability company (“BHFS II”), BHFS III, LLC, a Delaware limited liability company (“BHFS III”), BHFS IV, LLC, a Delaware limited liability company (“BHFS IV”), BHFS THEATER, LLC, a Delaware limited liability company (“BHFS Theater”), and Behringer Harvard Frisco Square LP, a Delaware limited partnership (“BHFS LP”) (BHFS I, BHFS II, BHFS III, BHFS IV, BHFS Theater and BHFS LP are referred to herein, individually, as “Borrower”
MODIFICATION OF SECOND LIEN DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENTModification Agreement • March 28th, 2013 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS MODIFICATION OF SECOND LIEN DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT (“Modification Agreement”) is made as of December 27, 2012 (the “Effective Date”), by BHFS THEATER, LLC, a Delaware limited liability company (“Grantor”), whose address is c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, and BANK OF AMERICA, N.A., a national banking association, whose address is 135 S. LaSalle St., Suite 900, Chicago, Illinois 60603, Attn: Michael Olson, as Administrative Agent, for the benefit of the Loan Parties (“Beneficiary”). Grantor and Beneficiary may each be referred to as a “Party” and collectively as the “Parties.”
