0001104659-06-057618 Sample Contracts

SECOND AMENDED AND RESTATED GUARANTY
New Plan Excel Realty Trust Inc • August 28th, 2006 • Real estate investment trusts

SECOND AMENDED AND RESTATED GUARANTY (as the same may be amended, supplemented or otherwise modified from time to time, this “Guaranty”), dated as of August 25, 2006, by and among each of the Subsidiaries listed on Schedule I hereto (collectively, the “Subsidiary Guarantors”) and BANK OF AMERICA, N.A., 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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SECOND AMENDED AND RESTATED SECURED TERM LOAN AGREEMENT BY AND AMONG NEW PLAN EXCEL REALTY TRUST, INC., THE LENDERS PARTY HERETO, BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, AND BANC OF AMERICA SECURITIES LLC AND BNY CAPITAL MARKETS, INC, AS JOINT...
Secured Term Loan Agreement • August 28th, 2006 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

SECOND AMENDED AND RESTATED SECURED TERM LOAN AGREEMENT, dated as of August 25, 2006, 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 BANK OF AMERICA, N.A. (“Bank of America”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

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