BEHRINGER HARVARD OPPORTUNITY REIT I, INC. Up to 48,000,000 Shares of Common Stock/$476,000,000 AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), has registered for public sale a maximum of 48,000,000 shares of its common stock, $0.0001 par value per share, (the “Shares” or the “Stock”) to be issued and sold for an aggregate purchase price of $476,000,000 (40,000,000 Shares to be offered to the public for $10.00 per share and 8,000,000 Shares to be offered pursuant to the Company’s distribution reinvestment plan for a maximum of $9.50 per share). There shall be a minimum purchase by any one person of 200 Shares (except as otherwise indicated in the Prospectus (defined below) or in any letter or memorandum from the Company to Behringer Securities LP (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, this letter amends and restates in its entirety the Company’s prior Dealer Manager Agreement of September 20, 2005 with you, the Dealer Manager, as follows:
SECOND AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management and Leasing Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This SECOND AMENDED AND RESTATED PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Management Agreement”) is made and entered into as of the 29th day of December, 2006, by and among BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“BH OPPORTUNITY REIT”), BEHRINGER HARVARD OPPORTUNITY OP I, LP, a Texas limited partnership (“BH OPPORTUNITY LP”), and HPT MANAGEMENT SERVICES LP, Texas limited partnership (the “Manager”).
AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENTAdvisory Management Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”) is entered into on this the 29th day of December 2006, by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I LP, a Texas limited partnership (the “Advisor”).
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD OPPORTUNITY OP I, LP January 1, 2007Limited Partnership Agreement • January 5th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This Amended and Restated Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 1st day of January, 2007 by and among BHO, Inc., a Delaware corporation (the “General Partner”), BHO Business Trust, a Maryland business trust (the “Original Limited Partner”), Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”) and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Behringer Harvard Opportunity OP I, LP (the “Partnership”), a limited partnership formed under the laws of the State of Texas, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Texas effective as of November 24, 2004.
