KBS REAL ESTATE INVESTMENT TRUST II, INC. Up to 280,000,000 Shares of Common Stock AMENDED AND RESTATED DEALER MANAGER AGREEMENT April 30, 2010Dealer Manager Agreement • May 17th, 2010 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • Maryland
This Amended and Restated Dealer Manager Agreement amends, restates and replaces in full that certain Dealer Manager Agreement dated April 22, 2008 by and between the Company and the Dealer Manager.
THIS MORTGAGE SECURES A NOTE WHICH PROVIDES FOR A VARIABLE INTEREST RATE AND THE RIGHT TO REPAY AND REBORROW ON A REVOLVING BASIS MORTGAGE WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGMortgage • May 17th, 2010 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New Jersey
THE PARTIES TO THIS MORTGAGE WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Mortgage”), made as of April 30, 2010, are KBSII MOUNTAIN VIEW, LLC, a Delaware limited liability company (“Mortgagor”), having an address of c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660, to and for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for itself and certain additional lenders (“Mortgagee”), having an address of 2030 Main Street, Suite 800, Irvine, CA 92614.
LIMITED GUARANTY (Secured Loan)Limited Guaranty • May 17th, 2010 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
THIS LIMITED GUARANTY (“Guaranty”) is made as of April 30, 2010, by KBS REIT PROPERTIES II, LLC, a Delaware limited liability company (“Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Administrative Agent”), as administrative agent for itself and the Lenders from time to time a party to the Loan Agreement (defined below).
SECURED PROMISSORY NOTE (Revolving Note)Secured Promissory Note • May 17th, 2010 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This Note is one of the Notes referred to in and governed by the Loan Agreement, which Loan Agreement, among other things, contains provisions for the acceleration of the maturity hereof and for the payment of certain additional sums to Lender upon the happening of certain stated events. Capitalized terms used in this Note without definition have the same meanings as in the Loan Agreement.
LOAN AGREEMENT between KBSII 350 PLUMERIA, LLC, KBSII MOUNTAIN VIEW, LLC, KBSII ONE MAIN PLACE, LLC, and KBSII PIERRE LACLEDE CENTER, LLC, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent and THE FINANCIAL INSTITUTIONS...Loan Agreement • May 17th, 2010 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT (“Agreement”) dated as of April 30, 2010 by and among KBSII 350 PLUMERIA, LLC, a Delaware limited liability company, KBSII MOUNTAIN VIEW, LLC, a Delaware limited liability company, KBSII ONE MAIN PLACE, LLC, a Delaware limited liability company and KBSII PIERRE LACLEDE CENTER, LLC, a Delaware limited liability company (each individually “Borrower” and together, “Borrowers”), each of the financial institutions initially a signatory hereto together with their assignees under Section 13.13 (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as contractual representative of the Lenders to the extent and in the manner provided in Article 12 (in such capacity, the “Administrative Agent”).
