GUARANTY AGREEMENT REGARDING PIP REQUIREMENTSGuaranty Agreement • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • New York
THIS GUARANTY AGREEMENT REGARDING PIP REQUIREMENTS (this “Guaranty”) is executed as of December 17, 2007 by INLAND AMERICAN REAL ESTATE TRUST, INC., a Maryland corporation, having an office at 2901 Butterfield Road, Oak Brook, Illinois 60523 (“Guarantor”), for the benefit of BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Bear Stearns”) and BANK OF AMERICA, N.A., a national banking association, having an address at Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255 (“Bank of America”; Bear Stearns and Bank of America, collectively, “Lender”).
LOAN AGREEMENT Dated as of December 17, 2007 Between THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., and BANK OF AMERICA, N.A., collectively, as LenderLoan Agreement • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of this 17th day of December, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179, and BANK OF AMERICA, N.A., a national banking association, having an address at Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255 (each, a “Co-Lender” and, collectively, “Lender”), and THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company, having an address at 390 North Orange Avenue, Suite 1650, Orlando, Florida 32801 (each, an “Individual Borrower” and individually or collectively as the context requires, “Borrower”).
PROMISSORY NOTE A-4Promissory Note • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company or an Illinois limited partnership, having its principal place of business at 2901 Butterfield Road, Oak Brook, Illinois 60523, each as co-maker hereunder (referred to herein collectively as “Borrower”), hereby unconditionally promise, on a joint and several basis, to pay to the order of BANK OF AMERICA, N.A., a national banking association, having an address at Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255 (“Lender”), as payee, or at such other place as the holder hereof may from time to time designate in writing, the principal sum of EIGHTY SIX MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($86,212,500.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this N
PROMISSORY NOTE A-1Promissory Note • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company or an Illinois limited partnership, having its principal place of business at 2901 Butterfield Road, Oak Brook, Illinois 60523, each as co-maker hereunder (referred to herein collectively as “Borrower”), hereby unconditionally promise, on a joint and several basis, to pay to the order of BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”), as payee, or at such other place as the holder hereof may from time to time designate in writing, the principal sum of EIGHTY SIX MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($86,212,500.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this Note and that certain Loan Agreement,
PROMISSORY NOTE A-3Promissory Note • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company or an Illinois limited partnership, having its principal place of business at 2901 Butterfield Road, Oak Brook, Illinois 60523, each as co-maker hereunder (referred to herein collectively as “Borrower”), hereby unconditionally promise, on a joint and several basis, to pay to the order of BANK OF AMERICA, N.A., a national banking association, having an address at Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255 (“Lender”), as payee, or at such other place as the holder hereof may from time to time designate in writing, the principal sum of EIGHTY SIX MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($86,212,500.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this N
INDEMNITY AGREEMENTIndemnity Agreement • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
THIS INDEMNITY AGREEMENT (this “Agreement”) made as of the 17th day of December, 2007 by THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company, having an office at 2901 Butterfield Road, Oak Brook, Illinois 60523 (individually, “Borrower” and collectively, “Borrowers”), and INLAND AMERICAN REAL ESTATE TRUST, INC., a Maryland corporation, having an office at 2901 Butterfield Road, Oak Brook, Illinois 60523 (“Principal”; Borrower and Principal hereinafter collectively referred to as “Indemnitor”), in favor of BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Bear Stearns”), and BANK OF AMERICA, N.A., a national banking association, having an address at Bank of America Corporate Center, 100 North Tryon Street, Charlotte, North Carolina 28255 (“Bank of America”; Bear Stearns and Bank of America hereinafter collectively referred to as “Lender”).
PROMISSORY NOTE A-2Promissory Note • December 20th, 2007 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, THE ENTITIES SET FORTH ON SCHEDULE I OF THIS AGREEMENT, each of which is a Delaware limited liability company or an Illinois limited partnership, having its principal place of business at 2901 Butterfield Road, Oak Brook, Illinois 60523, each as co-maker hereunder (referred to herein collectively as “Borrower”), hereby unconditionally promise, on a joint and several basis, to pay to the order of BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”), as payee, or at such other place as the holder hereof may from time to time designate in writing, the principal sum of EIGHTY SIX MILLION TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED and NO/100 DOLLARS ($86,212,500.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this Note and that certain Loan Agreement,
