0001157523-10-002828 Sample Contracts

FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • May 5th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York

This Fifth Amendment (the “Fifth Amendment”) executed August 5, 2008 to the Employment Agreement (the “Agreement”) between Acadia Realty Trust (the “Trust”) and Kenneth F. Bernstein (“Executive”).

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THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of March 3, 2010 among ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, as Borrower, and BANK OF AMERICA, N.A., as Lender and BANK OF AMERICA, N.A., as Administrative Agent
Assignment and Assumption Agreement • May 5th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York

THIRD AMENDED AND RESTATED CREDIT AGREEMENT ("this Agreement") dated as of March 3, 2010 by and among ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, a Delaware limited liability company ("Borrower"), ACADIA REALTY ACQUISITION II, LLC, a Delaware limited liability company ("Managing Member"), ACADIA INVESTORS II, INC., a Maryland corporation ("Acadia Investors II"), BANK OF AMERICA, N.A., successor by merger to Fleet National Bank (in its individual capacity and not as Administrative Agent, "BofA"; BofA and each other lender who may become a Lender pursuant to Section 10.10, each, a "Lender" and collectively, "Lenders") and BANK OF AMERICA, N.A., as Administrative Agent for Lenders (together with its successors in such capacity, "Administrative Agent").

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