FIRST AMENDED AND RESTATED OPERATING AGREEMENT OF BROWNMILL, LLCOperating Agreement • February 11th, 2011 • Lightstone Value Plus Real Estate Investment Trust Ii Inc • Real estate investment trusts • New Jersey
This First Amended and Restated Operating Agreement (this "Agreement") of BROWNMILL, LLC (the "Company"), is made as of September 27, 2005, by and among LIGHTSTONE HOLDINGS LLC, a Delaware limited liability company ("Holdings"), THE DWL 2003 FAMILY TRUST, a trust organized under the laws of the State of New Jersey (the "Trust"), and BROWNMILL MANAGER CORP., a New Jersey corporation ("Brownmill Corp.”), whose addresses are set forth on Schedule A annexed hereto (each of the foregoing, a "Member," and all of the foregoing collectively, the "Members"), and any persons hereafter admitted as Members in accordance herewith.
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED OPERATING AGREEMENT OF BROWNMILL, LLCOperating Agreement • February 11th, 2011 • Lightstone Value Plus Real Estate Investment Trust Ii Inc • Real estate investment trusts
This Second Amendment to First Amended and Restated Operating Agreement (this “Second Amendment”) of BROWNMILL, LLC (the “Company”), effective as of this 1st day of October, 2010, by and among LIGHTSTONE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), THE DWL 2003 FAMILY TRUST, a trust organized under the laws of the State of New Jersey (the “Trust”), BROWNMILL MANAGER CORP., a New Jersey corporation (“Brownmill Corp.”), and LIGHTSTONE VALUE PLUS REIT II LP, a Delaware limited partnership (the “REIT OP”), whose addresses are set forth on Schedule A annexed hereto, amends in relevant part that certain First Amended and Restated Operating Agreement (“Original Operating Agreement”), dated as of September 27, 2005, between Holdings, Trust and Brownmill Corp., as amended by that First Amendment to Amended and Restated Operating Agreement (“First Amendment”, together with the Original Operating Agreement, the “Operating Agreement”), dated as of June 30, 2010, between Holding
WHOLESALING AGREEMENTWholesaling Agreement • February 11th, 2011 • Lightstone Value Plus Real Estate Investment Trust Ii Inc • Real estate investment trusts • New York
Lightstone Securities LLC, a New York limited liability company (the “Company”), has entered into an agreement with Lightstone Value Real Estate Investment Trust II, Inc., a Maryland corporation (the “Trust”), to serve as its exclusive Dealer Manager. The Trust is engaged in a public offering of shares of common stock in the Trust (the “Shares”) through participating broker dealers (the “Selling Agent”`), on a best-efforts basis pursuant to the Selling Agreement between the Company, the Selling Agent and the Trust (the “Selling Agreement”), a copy of which has been furnished to you. Other selling agents, including those introduced by ICON Securities Corp. (“Wholesaler”) to us (“Additional Selling Agents” and together with the Selling Agent, the “Selling Agents”), may be selected by the Company. We confirm our agreement with you as follows.
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED OPERATING AGREEMENT OF BROWNMILL, LLCOperating Agreement • February 11th, 2011 • Lightstone Value Plus Real Estate Investment Trust Ii Inc • Real estate investment trusts
This First Amendment to First Amended and Restated Operating Agreement (this “Amendment”) of BROWNMILL, LLC (the “Company”), effective as of this 1st day of April, 2010, by and among LIGHTSTONE HOLDINGS LLC, a Delaware limited liability company (“Holdings”), THE DWL 2003 FAMILY TRUST, a trust organized under the laws of the State of New Jersey (the “Trust”), BROWNMILL MANAGER CORP., a New Jersey corporation (“Brownmill Corp.”), and LIGHTSTONE VALUE PLUS REIT II LP, a Delaware limited partnership (the “REIT OP”), whose addresses are set forth on Schedule A annexed hereto, amends in relevant part that certain First Amended and Restated Operating Agreement (“Operating Agreement”), dated as of September 27, 2005, between Holdings, Trust and Brownmill Corp. (each of the foregoing, a “Member,” and all of the foregoing collectively, the “Members”), and any persons hereafter admitted as Members in accordance herewith. All defined terms used herein but are not otherwise defined shall have the m
