0001104659-12-085825 Sample Contracts

AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED REVOLVING LOAN AGREEMENT
Revolving Loan Agreement • December 21st, 2012 • Avalonbay Communities Inc • Real estate investment trusts • New York

This AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED REVOLVING LOAN AGREEMENT, dated as of December 20, 2012 (this “Amendment No. 1”), is by and among AvalonBay Communities, Inc., a corporation organized under the laws of the State of Maryland (the “Borrower”), the several lenders signatory hereto, including Goldman Sachs Bank USA, as a new Bank under the Loan Agreement (collectively, the “Banks”), and Bank of America, N.A., as administrative agent for the Banks (in such capacity, the “Administrative Agent”). Reference is made to that certain Third Amended and Restated Revolving Loan Agreement, dated as of September 29, 2011 (the “Loan Agreement”), by and among the Borrower, the Banks party thereto and the Administrative Agent. Capitalized terms used herein without definition shall have the same meanings as set forth in the Loan Agreement, as amended hereby.

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