FORM OF ADVISORY AGREEMENTForm of Advisory Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this the ____ day of _____________, 2005, by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I LP, a Texas limited partnership (the “Advisor”).
FORM OF PROPERTY MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Management Agreement”) is made and entered into as of the ___ day of _________, 2005, by and among BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“BH OPPORTUNITY REIT”), BEHRINGER HARVARD OPPORTUNITY OP I, LP, a Texas limited partnership (“BH OPPORTUNITY LP”), and HPT MANAGEMENT SERVICES LP, Texas limited partnership (the “Manager”).
FORM OF AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD OPPORTUNITY OP I, LPBehringer Harvard Opportunity REIT I, Inc. • September 12th, 2005 • Real estate investment trusts • Texas
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the __ day of ______, 2005 by and among Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “General Partner”), BHO Partners, LLC, a Delaware limited liability company (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Behringer Harvard Opportunity OP I, LP (the “Partnership”), a limited partnership formed under the laws of the State of Texas, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Texas effective as of __________, 200__.
BEHRINGER HARVARD OPPORTUNITY REIT I, INC. Up to 48,000,000 Shares of Common Stock/$476,000,000 FORM OF DEALER MANAGER AGREEMENTSelected Dealer Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), is registering for public sale a maximum of 48,000,000 shares of its common stock, $0.0001 par value per share, (the “Shares” or the “Stock”) to be issued and sold for an aggregate purchase price of $476,000,000 (40,000,000 Shares to be offered to the public for $10.00 per share and 8,000,000 Shares to be offered pursuant to the Company’s distribution reinvestment plan for a maximum of $9.50 per share). There shall be a minimum purchase by any one person of 200 Shares (except as otherwise indicated in the Prospectus (defined below) or in any letter or memorandum from the Company to Behringer Securities LP (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:
ESCROW AGREEMENTEscrow Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), will issue in a public offering (the “Offering”) shares of its common stock (the “Stock”) pursuant to a Registration Statement on Form S-11 filed by the Company with the Securities and Exchange Commission. Behringer Securities LP, a Texas limited partnership (the “Dealer Manager”), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement to set forth the terms on which Citibank Texas, N.A. (the “Escrow Agent”), will, except as otherwise provided herein, hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as: (i) in the case of subscriptions received from all nonaffiliates of the Company, the Company has received and accepted subscriptions for Stock resulting in a total of 200,000 shares of common stock sold in the offering (the “Required Capital”); and (ii) in the case of subscriptions received from
BEHRINGER HARVARD OPPORTUNITY REIT I, INC. AMENDEDAND RESTATED 2004 INCENTIVE AWARD PLAN STOCK OPTION AGREEMENTOption Agreement • September 12th, 2005 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the "Company"), hereby grants to the optionee named below ("Optionee") an option (this "Option") to purchase the total number of shares shown below of Common Stock of the Company ("Shares") at the exercise price per share set forth below (the "Exercise Price"), subject to all of the terms and conditions on the reverse side of this Stock Option Agreement and the Behringer Harvard Opportunity REIT I, Inc. Amended and Restated 2004 Incentive Award Plan (the "Plan"). Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Plan. The terms and conditions set forth on the reverse side hereof and the terms and conditions of the Plan are incorporated herein by reference.
