AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENTAdvisory Management Agreement • November 12th, 2009 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • Texas
This AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”) is entered into on this the 2nd day of October, 2009, by and between BEHRINGER HARVARD OPPORTUNITY REIT II, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS II LP, a Texas limited partnership (the “Advisor”).
Construction Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing by Rest Easy LLC, a Delaware limited liability company, as Borrower, to and in favor of Behringer Harvard PAL I, LLC, a Delaware limited liability company, as Lender...Behringer Harvard Opportunity REIT II, Inc. • November 12th, 2009 • Real estate investment trusts
This Construction Leasehold Mortgage, Assignment, Security Agreement and Fixture Filing (“Mortgage”) is made as of the 14th day of August, 2009, by Rest Easy LLC, a Delaware limited liability company (herein referred to as “Borrower”), whose address is c/o Actus Lend Lease LLC, 1801 West End Avenue, Suite 1700, Nashville, TN 37203, in favor of Behringer Harvard PAL I, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”), whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001.
ContractBehringer Harvard Opportunity REIT II, Inc. • November 12th, 2009 • Real estate investment trusts • New York
THIS JUNIOR NOTE IS SUBJECT TO THE TERMS OF AN INTERCREDITOR AGREEMENT OF EVEN DATE HEREWITH AMONG BANK OF AMERICA, N.A., AS SENIOR LENDER, BEHRINGER HARVARD PAL I, LLC, AS JUNIOR LENDER, AND LEND LEASE (US) CAPITAL INC., AS SUBORDINATE LENDER, AND NO INTEREST IN THIS JUNIOR LOAN NOTE SHALL BE TRANSFERRED TO ANY PERSON EXCEPT IN ACCORDANCE WITH THE TERMS OF SUCH INTERCREDITOR AGREEMENT
JUNIOR LOAN AGREEMENT by and between REST EASY LLC, a Delaware limited liability company, as Borrower, and BEHRINGER HARVARD PAL I, LLC, a Delaware limited liability company, as Lender, with respect to a $25,000,000 term Loan facilityJunior Loan Agreement • November 12th, 2009 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • New York
This Junior Loan Agreement (as the same may be amended or supplemented from time to time, this “Agreement”) is made as of the 14th day of August, 2009, by and between Rest Easy LLC, a Delaware limited liability company (together with its successors and assigns, the “Borrower”), and Behringer Harvard PAL I, LLC, a Delaware limited liability company (together with its successors and assigns, the “Lender” or “Junior Lender”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • November 12th, 2009 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • New York
This INTERCREDITOR AND SUBORDINATION AGREEMENT (this “Agreement”) dated as of August 14, 2009, is by and among BANK OF AMERICA, N.A., a national banking association (the “Senior Lender”), BEHRINGER HARVARD PAL I, LLC, a Delaware limited liability company (“Junior Lender”), and LEND LEASE (US) CAPITAL INC., a Delaware corporation (the “Subordinate Lender”) (together, the Senior Lender, Junior Lender and Subordinate Lender are referred to herein as the “Lenders”).
