MASTER LEASE AGREEMENT BETWEEN FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (“LANDLORD”) AND BANK OF AMERICA, N.A. (“TENANT”) Dated: October 1, 2004Master Lease Agreement • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts
THIS MASTER LEASE AGREEMENT (this “Lease”) is made and entered into on October 1, 2004, by and between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”), with the limited joinder of FIRST STATES GROUP, L.P., a Delaware limited partnership (“FSG”). Any other provision of this Lease to the contrary notwithstanding, this Lease shall automatically and without further action of Landlord or Tenant commence and become effective upon and immediately following the Closing. Terms with initial capital letters used in this Lease shall have the meanings assigned for such terms in Section 1.1(b).
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts • New York
This Second Amendment to Loan Agreement (the “Amendment”), dated as of September 30, 2004, is made by and among FIRST STATES INVESTORS DB I, LLC (and each Property-Owning Borrower that has joined the Loan Agreement from time to time as listed on the signature pages hereto, collectively, “Borrower”), DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, as agent (“Agent”), and LA SALLE BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent (the “Collateral Agent”).
GUARANTY AND INDEMNITYGuaranty and Indemnity • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts
THIS GUARANTY AND INDEMNITY (this “Agreement” or “Guaranty”), made as of September 30, 2004, by FIRST STATES GROUP, L.P., a Delaware limited partnership (“FSG”), having an address at c/o FSG, 1725 The Fairway, Jenkintown, Pennsylvania 19046 (the “Guarantor”), to DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, a branch of a foreign banking institution, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 as agent and initial lender (in such capacity together with its successors in such capacity, the “Agent”).
GUARANTEEGuarantee • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts
GUARANTEE dated as of October 1, 2004 by Bank of America Corporation (the “Guarantor”), in favor of First States Investors 5200, LLC (the “Guaranteed Party”) as “Landlord” under that certain Master Lease Agreement dated of even date herewith between Guaranteed Party and Bank of America, N.A. (“Bank of America”), a copy of which is attached as Exhibit “A” hereto (the “Lease”).
AGREEMENT OF SALE AND PURCHASE BETWEEN BANK OF AMERICA, N.A. (“SELLER”) AND FIRST STATES GROUP, L.P. (“PURCHASER”) Dated: September 27, 2004Agreement of Sale and Purchase • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts • North Carolina
THIS AGREEMENT OF SALE AND PURCHASE (“Agreement”) is made and entered into as of September 27, 2004, by and between BANK OF AMERICA, N.A., a national banking association, having an address at 100 North Tryon Street, Suite 5210, NC1-007-52-02, Charlotte, NC 28255 (“Seller”), and FIRST STATES GROUP, L.P., a Delaware limited partnership, having an address at 1725 The Fairway, Jenkintown, Pennsylvania 19046 (“Purchaser”). Terms with initial capital letters shall have the meanings assigned to such terms in Section 1.
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • October 7th, 2004 • American Financial Realty Trust • Real estate investment trusts • New York
This First Amendment to Loan Agreement (the “Amendment”), dated as of August 9, 2004, is made by and among FIRST STATES INVESTORS DB I, LLC (and each Property-Owning Borrower that joins the Loan Agreement from time to time, collectively, “Borrower”), DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, as agent (“Agent”), and LA SALLE BANK NATIONAL ASSOCIATION, a national banking association, as collateral agent (the “Collateral Agent”).
