0001144204-09-030254 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between BRT REALTY TRUST and THE BANK OF NEW YORK MELLON, as Trustee
Junior Subordinated Indenture • June 1st, 2009 • BRT Realty Trust • Real estate investment trusts • New York

Junior Subordinated Indenture, dated as of May 26, 2009 , between BRT Realty Trust, a Massachusetts business trust (the “Company”), and The Bank of New York Mellon, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).

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EXCHANGE AGREEMENT among BRT REALTY TRUST and TABERNA PREFERRED FUNDING IV, LTD., TABERNA PREFERRED FUNDING V, LTD., and TABERNA PREFERRED FUNDING VI, LTD. Dated as of May 26, 2009
Exchange Agreement • June 1st, 2009 • BRT Realty Trust • Real estate investment trusts • New York

THIS EXCHANGE AGREEMENT, dated as of May 26, 2009 (this “Agreement”), is entered into by and among BRT REALTY TRUST, a Massachusetts business trust (the “Company”) and TABERNA PREFERRED FUNDING IV, LTD. (“Taberna IV”), TABERNA PREFERRED FUNDING V, LTD. (“Taberna V”) and TABERNA PREFERRED FUNDING VI, LTD. (“Taberna VI”, and together with Taberna IV and Taberna V, collectively, “Taberna”).

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