CREDIT AGREEMENT among GRUBB & ELLIS MANAGEMENT SERVICES, INC, as Borrower, GRUBB & ELLIS COMPANY, as Parent Guarantor, The Several Lenders from Time to Time Parties Hereto, and COLFIN GNE LOAN FUNDING, LLC, as Administrative Agent, Dated as of April...Credit Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT (this “Agreement”), dated as of April 15, 2011, among GRUBB & ELLIS MANAGEMENT SERVICES, INC., a Delaware corporation (the “Borrower”), GRUBB & ELLIS COMPANY, a Delaware corporation (the “Parent Guarantor”), the lenders from time to time parties to this Agreement (the “Lenders”), and COLFIN GNE LOAN FUNDING, LLC, as administrative agent.
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 2, dated as of October 16, 2011 (together with all exhibits and annexes hereto, this “Amendment”), to the Credit Agreement dated as of April 15, 2011 (as amended by that certain Amendment No. 1 to Credit Agreement, dated as of July 22, 2011, the “Credit Agreement”), by and among (1) GRUBB & ELLIS COMPANY, a Delaware corporation (the “Parent Guarantor”); (2) GRUBB & ELLIS MANAGEMENT SERVICES, INC., a Delaware corporation (the “Borrower”); (3) the other guarantors party hereto (the “Guarantors” and, together with the Borrower and the Parent Guarantor, each a “Loan Party” and collectively, the “Loan Parties”); (4) each lender party thereto (collectively, the “Existing Lenders”); and (5) COLFIN GNE LOAN FUNDING, LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
WARRANT ASSIGNMENT AGREEMENTWarrant Assignment Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
This Warrant Assignment Agreement (this “Agreement”) is entered into as of October 16, 2011, by CDCF II GNE Holding, LLC, a Delaware limited liability company (“CDCF”), and C-III Investments LLC, a Delaware limited liability company (“C-III”).
ContractExclusivity Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
ContractCredit Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts
Except as otherwise provided herein, all capitalized terms used but not defined in this letter agreement shall have the meanings given to them in the Credit Agreement, and the term “Lender Documents” shall be the collective reference to the various documents and agreements described in clause (a) through (h) above, each other Loan Document and this letter agreement. Colony and C-III are sometimes referred to herein individually as a “Lender” and collectively as the “Lenders.”
ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts
Reference is made to the Credit Agreement, dated as of April 15, 2011 (as amended to date and in effect and as further amended, restated, amended and restated, supplemented or otherwise further modified from time to time, the “Credit Agreement”), among Grubb & Ellis Management Services, Inc. (the “Borrower”), Grubb & Ellis Company, the Lenders party thereto and ColFin GNE Loan Funding, LLC, as administrative agent (in such capacity, the “Administrative Agent”). Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
WARRANT ASSIGNMENT AGREEMENTWarrant Assignment Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
This Warrant Assignment Agreement (this “Agreement”) is entered into as of October 16, 2011, by CFI GNE Warrant Investor, LLC, a Delaware limited liability company (“CFI”), and C-III Investments LLC, a Delaware limited liability company (“C-III”).
AMENDMENT TO REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts • New York
AMENDMENT (this “Amendment”), dated October 16, 2011, to the Registration Rights Agreement, dated as of April 15, 2011 (the “Agreement”), by and among Grubb & Ellis Company, a Delaware corporation, (the “Company”), CDCF II GNE Holding, LLC, a Delaware limited liability corporation (“CDCF”) and CFI GNE Warrant Investor, LLC, a Delaware limited liability corporation (“CFI”).
ContractClosing Mechanics Agreement • October 19th, 2011 • Colony Financial, Inc. • Real estate investment trusts
Reference is made to each of: (a) Credit Agreement, dated as of April 15, 2011, as amended by Amendment No. 1 to Credit Agreement, dated as of July 22, 2011, and the Amendment (as defined below) (as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Grubb & Ellis Management Services, Inc., as borrower (the “Borrower”), Grubb & Ellis Company, as parent guarantor (the “Parent Guarantor”), the several lenders from time to time parties thereto and ColFin GNE Loan Funding, LLC, as administrative agent (in its capacity as administrative agent, the “Administrative Agent”); (b) Amendment No. 2 to Credit Agreement, dated as of the date hereof (the “Amendment”), by and among the parties to the Credit Agreement, C-III Investments LLC (“C-III”), Grubb & Ellis Equity Advisors, LLC, Grubb & Ellis Healthcare REIT II Advisor, LLC and Grubb & Ellis Landauer Valuation Advisory Services, LLC, pursuant to which the amount of available Loans under the Cred
