0001104659-05-021248 Sample Contracts

WAIVER TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT
Waiver to Second Amended and Restated Revolving Credit and Term Loan Agreement • May 6th, 2005 • Mills Corp • Real estate investment trusts • New York

This WAIVER TO SECOND AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN AGREEMENT (this “Waiver Agreement”) is made as of February 16, 2005 by and among (a) The Mills Limited Partnership, a Delaware limited partnership (the “Borrower”), (b) JPMorgan Chase Bank, N.A. (formerly known as JPMorgan Chase Bank) as Administrative Agent (in such capacity, the “Administrative Agent”) for the Lenders (as defined below); and (c) the Lenders party hereto.

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FIRST AMENDMENT TO MERGER AGREEMENT
Merger Agreement • May 6th, 2005 • Mills Corp • Real estate investment trusts

THIS FIRST AMENDMENT TO MERGER AGREEMENT (this “Amendment”) is made as of the 7th day of March, 2005 by and among CONCORDIA PROPERTIES, LLC, a Delaware limited liability company (“CPLLC”), BRE/SOUTHRIDGE MALL L.L.C., a Delaware limited liability company (“BRE/Southridge Mall”), BRE/SOUTHRIDGE MALL (REIT), INC., a Delaware corporation (“BRE/Southridge Mall Reit”, and, collectively with CPLLC and BRE/Southridge, the “Owners”), CONCORDIA PROPERTIES III, LLC, a Delaware limited liability company (“Southdale Company”), CONCORDIA PROPERTIES II, LLC, a Delaware limited liability company (“Concordia II”), SOUTHRIDGE MALL II, LLC, a Delaware limited liability company (“Southridge Company”), BRE/GRANGE-GREENDALE LLC, a Delaware limited liability company (“BRE/Grange”, and, collectively with Southdale Company, Concordia II and Southridge Company, the “Companies”), each with an office at c/o Blackstone Real Estate Advisors, 345 Park Avenue, New York, New York 10154, and THE MILLS LIMITED PARTNERSH

AMENDED AND RESTATED RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • May 6th, 2005 • Mills Corp • Real estate investment trusts • Delaware

This AMENDED AND RESTATED RESTRICTED STOCK UNIT AGREEMENT (the “Agreement”) is effective as of September 9, 2004 (the “Effective Date”) but executed January 14, 2005, by and between The Mills Corporation, a Delaware corporation (the “Company”) and Mark Ettenger (the “Executive”).

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