GUARANTY AGREEMENTGuaranty Agreement • December 29th, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings
THIS GUARANTY AGREEMENT (this “Guaranty”) is made as of the 21st day of December, 2009, by BEHRINGER HARVARD 250/290 CARPENTER LP, a Texas limited partnership (“Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, “Administrative Agent”), as Administrative Agent on behalf of itself and the other Lenders (collectively, “Lenders”) now or hereafter made a party to the Credit Agreement (defined below).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 29th, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Fifth Amendment”), dated effective as of October 30, 2009, is entered into by and among BANK OF AMERICA, N.A., a national banking association, as Administrative Agent for itself and on behalf of the Lenders (herein so called) now or hereafter made a party to the Credit Agreement referenced below (in such capacity, “Administrative Agent”), BEHRINGER HARVARD SHORT-TERM OPPORTUNITY FUND I LP, a Texas limited partnership (“Borrower”), and BEHRINGER HARVARD 250/290 CARPENTER LP, a Texas limited partnership (“Subsidiary Guarantor”), who agree as follows:
SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • December 29th, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas
THIS SECOND AMENDMENT AGREEMENT (this “Agreement”) is made and entered into effective as of December 21, 2009, by and among BEHRINGER HARVARD MOCKINGBIRD COMMONS, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (“Administrative Agent”) on behalf of itself and certain other Lenders (herein so called) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75201 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD SHORT-TERM OPPORTUNITY FUND I LP, a Texas limited partnership (“Guarantor”).
