CITIGROUP FINANCIAL PRODUCTS INC. NEW YORK, NEW YORK 10013 March 9, 2011Intercreditor Agreement • May 13th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
We refer to the Master Repurchase Agreement, dated as of August 22, 2008 (the “Repurchase Agreement”), by and between KBS GKK Participation Holdings II, LLC (the “Seller”) and Citigroup Financial Products Inc. (the “Buyer”). Capitalized terms not defined herein shall have the meanings set forth in the Repurchase Agreement and if not defined therein shall have the meanings set forth in the Intercreditor Agreement, dated as of August 22, 2008 (the “Intercreditor Agreement”), by and among Goldman Sachs Mortgage Company (“GSMC”), Buyer, SLG Stars Mortgage Loan LLC, and SLG Stars Mezz Loan LLC.
GOLDMAN SACHS MORTGAGE COMPANY NEW YORK, NEW YORK 10282-2198 March 13, 2011Extension Agreement • May 13th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
We refer to the Extension Agreement, dated March 9, 2011 (the “Extension Agreement”), by and between KBS GKK Participation Holdings I, LLC (the “Seller”) and Goldman Sachs Mortgage Company (the “Buyer”) relating to the Master Repurchase Agreement, dated as of August 22, 2008 (as amended and modified by the Extension Agreement, the “Repurchase Agreement”), by and between Seller and Buyer. Capitalized terms not defined herein shall have the meanings set forth in the Repurchase Agreement and if not defined therein shall have the meanings set forth in the Intercreditor Agreement, dated as of August 22, 2008 (the “Intercreditor Agreement”), by and among Citigroup Financial Products Inc. (“Citi”), Buyer, SLG Stars Mortgage Loan LLC, and SLG Stars Mezz Loan LLC.
March 13, 2011Loan Agreement • May 13th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
Reference is hereby made to (i) that certain Loan Agreement, dated as of April 1, 2008 (as amended by that certain Amendment to Loan Agreement, dated as of August 22, 2008, and as further amended by that certain Second Amendment to Loan Agreement (the “Second Amendment”), dated as of March 9, 2010, the “Mortgage Loan Agreement”), by and among the parties identified as “Mortgage Borrower” on Schedule I hereto (collectively, the “Mortgage Borrower”) and Goldman Sachs Commercial Mortgage Capital, L.P. (as predecessor-in-interest to Goldman Sachs, “Goldman”), Citicorp North America, Inc. (“Citi”), and SL Green Realty Corp. (“SL Green,” and collectively with Goldman and Citi, the “Mortgage Lender”), and (ii) that certain Amended and Restated Senior Mezzanine Loan Agreement, effective as of August 22, 2008, as amended by that certain Amendment to Amended and Restated Loan Agreement (the “Senior Mezz Amendment”), dated as of March 9, 2010 (the “Senior Mezzanine Loan Agreement”), by and betwee
Attention: Robert R. Foley, Chief Operating Officer and Timothy J. O’Connor, PresidentLoan Agreement • May 13th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
Reference is hereby made to (i) that certain Loan Agreement, dated as of April 1, 2008 (as amended by that certain Amendment to Loan Agreement, dated as of August 22, 2008, and as further amended by that certain Second Amendment to Loan Agreement (the “Second Amendment”), dated as of March 9, 2010, the “Mortgage Loan Agreement”), by and among the parties identified as “Mortgage Borrower” on Schedule I hereto (collectively, the “Mortgage Borrower”) and Goldman Sachs Commercial Mortgage Capital, L.P. (as predecessor-in-interest to Goldman Sachs, “Goldman”), Citicorp North America, Inc. (“Citi”), and SL Green Realty Corp. (“SL Green,” and collectively with Goldman and Citi, the “Mortgage Lender”), and (ii) that certain Amended and Restated Senior Mezzanine Loan Agreement, as amended by that certain Amended and Restated Loan Agreement (the “Senior Mezz Amendment”) dated as of March 9, 2010 (the “Senior Mezzanine Loan Agreement”), effective as of August 22, 2008, by and between KBS Debt Hol
