ONE FINANCIAL PLACE PROPERTY LLC, as Borrower to WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND FIXTURE FILINGBehringer Harvard Reit I Inc • November 7th, 2007 • Real estate investment trusts • Illinois
GUARANTYBehringer Harvard Reit I Inc • November 7th, 2007 • Real estate investment trusts • Illinois
THIS GUARANTY (“Guaranty”) is executed as of July 13, 2006, by BEACON CAPITAL STRATEGIC PARTNERS IV, L.P. (hereinafter referred to as “Guarantor”), for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION (“Lender”).
LOAN AGREEMENT Dated as of January 30, 2006 By and BetweenLoan Agreement • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of January 30, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and between LEHMAN BROTHERS BANK FSB, a federal stock savings bank, having an address at 399 Park Avenue, 8th Floor, New York, New York 10022 (“Lender”), and 200 SOUTH WACKER PROPERTY LLC, a Delaware limited liability company, having an address c/o Beacon Capital Partners, LLC at One Federal Street, 26th Floor, Boston, Massachusetts 02110 (“Borrower”).
LOAN AGREEMENT Dated as of October 3, 2006 By and BetweenLoan Agreement • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of October 3, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and between MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation having an address at 4 World Financial Center, New York, New York 10080 (“Lender”), and 10/120 SOUTH RIVERSIDE FEE LLC (“Fee Borrower”) and 10/120 SOUTH RIVERSIDE PROPERTY LLC (“Leasehold Borrower”; together with Fee Borrower, “Borrower”), each a Delaware limited liability company, having an address c/o Beacon Capital Partners, LLC at One Federal Street, 26th Floor, Boston, Massachusetts 02110 (“Borrower”).
STOCK PURCHASE AND SALE AGREEMENT BETWEEN BCSP IV U.S. INVESTMENTS, L.P. AS SELLER AND BEHRINGER HARVARD OPERATING PARTNERSHIP I LP AS PURCHASER Dated as of August 15, 2007Stock Purchase and Sale Agreement • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts
THIS STOCK PURCHASE AND SALE AGREEMENT (the “Agreement”) is made as of the 15th day of August, 2007 (the “Effective Date”), by and between BCSP IV U.S. Investments, L.P., a Delaware limited partnership (“Seller”), having an address at c/o Beacon Capital Partners LLC, 200 State Street, 5th Floor, Boston, Massachusetts 02109 and Behringer Harvard Operating Partnership I LP, a Texas limited partnership (“Purchaser”), having an address at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001. A list of defined terms as well as the capitalized terms used in Agreement and Section in the Agreement where each such term is defined is attached to this Agreement as Schedule I.
CONSENT AGREEMENTConsent Agreement • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York
THIS CONSENT AGREEMENT (the “Agreement”) is executed and effective as of this 1st day of November, 2007 (the “Effective Date”), by and between LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF ML-CFC COMMERCIAL MORTGAGE TRUST 2006-4, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4 (“Lender”), having an address at c/o Wells Fargo Commercial Mortgage Servicing, 1320 Willow Pass Road, Suite 210, Concord, California 94520 Re: ML-CFC 2006-4; Loan Nos. 550203999 and 550204000, 10/120 SOUTH RIVERSIDE FEE LLC, a Delaware limited liability company (“Fee Borrower”), and 10/120 SOUTH RIVERSIDE PROPERTY LLC, a Delaware limited liability company (“Leasehold Borrower”) (Fee Borrower and Leasehold Borrower shall hereinafter be referred to individually and collectively as “Borrower”), both having an address at c/o Behringer Harvard Operating Partnership I LP, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001.
AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENTStock Purchase and Sale Agreement • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts
THIS AMENDMENT TO STOCK PURCHASE AND SALE AGREEMENT is made as of this 30th day of October, 2007 (this “Amendment”) by and between BCSP IV U.S. Investments, L.P., a Delaware limited partnership (“Seller”) and (i) Behringer Harvard One Financial Plaza Chicago, LLC, a Delaware limited liability company, (ii) Behringer Harvard 10/120 South Riverside Plaza, LLC, a Delaware limited liability company and (iii) Behringer Harvard 200 South Wacker Drive, LLC, a Delaware limited liability company (collectively, “Purchaser”, and together with Seller, the “Parties”), and amends that certain Stock Purchase and Sale Agreement between Seller and Behringer Harvard Operating Partnership I LP (“Assignor”), which subsequently assigned its interest to Purchaser, dated as of August 15, 2007 (the “Agreement”). Unless otherwise defined herein, capitalized terms used in this Amendment shall have the meanings ascribed to them in the Agreement.
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of October 3, 2006, by BEACON CAPITAL STRATEGIC PARTNERS IV, L.P., a Delaware limited partnership (whether one or more collectively referred to as “Guarantor”), for the benefit of MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation, having an address at 4 World Financial Center, New York, New York 10080 (together with its successors and assigns, “Lender”), in its capacity as the holder of the Note B (as herein defined) (Lender in such capacity, “Note B Holder”).
REAFFIRMATION, CONSENT TO TRANSFER, SUBSTITUTION OF INDEMNITOR AND MODIFICATION OF LOAN DOCUMENTSBehringer Harvard Reit I Inc • November 7th, 2007 • Real estate investment trusts • New York
THIS REAFFIRMATION, CONSENT TO TRANSFER, SUBSTITUTION OF INDEMNITOR AND MODIFICATION OF LOAN DOCUMENTS (this “Agreement”) is made and entered into as of November 1, 2007, by and among the following parties:
REAFFIRMATION, CONSENT TO TRANSFER, SUBSTITUTION OF INDEMNITOR AND MODIFICATION OF LOAN DOCUMENTSSubstitute Indemnitor • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • Illinois
THIS REAFFIRMATION, CONSENT TO TRANSFER, SUBSTITUTION OF INDEMNITOR AND MODIFICATION OF LOAN DOCUMENTS (this “Agreement”) is made and entered into as of November 1, 2007, by and among the following parties:
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • November 7th, 2007 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of January 30, 2006, by BEACON CAPITAL STRATEGIC PARTNERS IV, L.P., a Delaware limited partnership (whether one or more collectively referred to as “Guarantor”), for the benefit of LEHMAN BROTHERS BANK FSB, a federal stock savings bank having an address at 399 Park Avenue, 8th Floor, New York, New York 10022 (“Lender”).
