CREDIT AGREEMENT Dated as of September 16, 2010 among COLONY FINANCIAL, INC., as a Borrower, and THE SUBSIDIARIES OF COLONY FINANCIAL, INC. FROM TIME TO TIME PARTY HERETO, as Borrowers BANK OF AMERICA, N.A., as Administrative Agent and The Other...Credit Agreement • September 21st, 2010 • Colony Financial, Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of September 16, 2010, among COLONY FINANCIAL, INC., a Maryland corporation (the “REIT”), CFI MEZZ FUNDING, LLC, a Delaware limited liability company (“CFI Mezz Funding”), CFI RE HOLDCO, LLC, a Delaware limited liability company (“CFI RE Holdco”), ColFin ESH Funding, LLC, a Delaware limited liability company (“ColFin ESH Funding”), each Wholly-Owned Subsidiary of the REIT that, in accordance with Section 6.12(c), becomes a co-borrower hereunder after the Closing Date (together with the REIT, CFI Mezz Funding, CFI RE Holdco and ColFin ESH Funding, each a “Borrower” and collectively, the “Borrowers”),each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent.
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • September 21st, 2010 • Colony Financial, Inc. • Real estate investment trusts • New York
PLEDGE AND SECURITY AGREEMENT, dated as of September 16, 2010 (as amended, restated, modified and/or supplemented from time to time, this “Agreement”), made by each of the undersigned pledgors (each, a “Pledgor” and together with any other entity that becomes a party hereto pursuant to Section 24 hereof, collectively, the “Pledgors”), in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successors and assigns in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties.
CONTINUING GUARANTYContinuing Guaranty • September 21st, 2010 • Colony Financial, Inc. • Real estate investment trusts • New York
CONTINUING GUARANTY (as amended, modified, restated and/or supplemented from time to time, this “Guaranty”), dated as of September 16, 2010 made by and among each of the undersigned guarantors (each, a “Guarantor” and collectively, the “Guarantors”) in favor of BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successor administrative agent, the “Administrative Agent”), for the benefit of the Secured Parties. Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
