0001104659-03-025157 Sample Contracts

SECURED TERM LOAN AGREEMENT BY AND AMONG NEW PLAN EXCEL REALTY TRUST, INC., THE LENDERS PARTY HERETO, FLEET NATIONAL BANK AS ADMINISTRATIVE AGENT, AND FLEET SECURITIES, INC. AS SOLE LEAD ARRANGER
Secured Term Loan Agreement • November 7th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

SECURED TERM LOAN AGREEMENT, dated as of September 29, 2003, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), each lender party hereto or which becomes a “Lender” pursuant to the provisions of Section 11.7 (each a “Lender” and, collectively, the “Lenders”), and FLEET NATIONAL BANK (“FNB”), as administrative agent (in such capacity, the “Administrative Agent”).

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SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT
Revolving Credit Agreement • November 7th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO REVOLVING CREDIT AGREEMENT (this “Amendment”) is made as of the 29th day of September, 2003, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), the entities executing this Amendment as guarantors (collectively, the “Guarantors”), each lender a party hereto (each a “Lender” and, collectively, the “Lenders”), and FLEET NATIONAL BANK (“Fleet”), as administrative agent (in such capacity, the “Administrative Agent”).

GUARANTY
Guaranty • November 7th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts

GUARANTY (as the same may be amended, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of September 29, 2003, by and among each of the Subsidiaries listed on Schedule I hereto (collectively, the “Subsidiary Guarantors”) and FLEET NATIONAL BANK, as administrative agent (in such capacity, the “Administrative Agent”) on behalf of the Lenders under and as defined in the Loan Agreement (hereinafter defined).

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