Additional Advance and Modification Agreement (Domain Gateway)Additional Advance and Modification Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This ADDITIONAL ADVANCE AND MODIFICATION AGREEMENT (Short Form –Domain Gateway) (this "Agreement") is dated as of June 1, 2012, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (individually and collectively, "Original Borrower"), KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company ("Additional Borrower" and with Original Borrower, individually or collectively as the context may require, "Borrower" or "Borrowers"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent ("Agent") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender (collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders"). This Agreement is made with reference to the following facts:
LOAN AGREEMENT Between KBSIII DOMAIN GATEWAY, LLC, KBSIII LAS CIMAS IV, LLC, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, each a Delaware limited liability company, as Borrowers, andLoan Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT is made and entered into as of April 30, 2012, by and between (i) KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (collectively, "Initial Borrowers"), (ii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent, lead arranger and book manager (in such capacity, "Agent"), and (iii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender, and any other bank that becomes a "Lender" after the Closing Date (each, a "Lender" and collectively, the "Lenders").
REPAYMENT GUARANTYRepayment Guaranty • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS REPAYMENT GUARANTY (this "Guaranty") is made as of April 30, 2012, by KBS REIT PROPERTIES III, LLC, a Delaware limited liability company ("Properties REIT") and KBS REAL ESTATE INVESTMENT TRUST III, INC., a Maryland corporation ("Parent REIT") (individually and collectively referred to herein as "Guarantor") in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent for the "Lenders" pursuant to the Loan Agreement described below (in such capacity, "Agent") and in favor of each party that now or hereafter is bound under the Loan Agreement as a "Lender" (referred to herein individually as a "Lender" and collectively as the "Lenders").
ADDITIONAL ADVANCE AND MODIFICATION AGREEMENT (Long Form)Additional Advance and Modification Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
This ADDITIONAL ADVANCE AND MODIFICATION AGREEMENT (Long Form) (this "Agreement") is dated as of June 1, 2012, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (individually and collectively, "Original Borrower"), KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company ("Additional Borrower" and, together with Original Borrower, individually or collectively as the context may require, "Borrower" or "Borrowers"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent ("Agent") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender (collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders").
PROMISSORY NOTEPromissory Note • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Note is one of one or more promissory notes issued pursuant to the Loan Agreement (collectively, the "Note"), which Note is secured, inter alia, by each Deed of Trust (as defined in the Loan Agreement), executed by a Borrower and given to Agent, covering a Property (as defined in the Loan Agreement). All of the agreements, conditions, covenants, warranties, representations, provisions and stipulations made by or imposed upon Borrower under the Loan Documents are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully inserted herein, and Borrower covenants and agrees to keep and perform the same, or cause them to be kept and performed, strictly in accordance with their terms.
FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “Fifth Amendment”) is made as of the 30th day of April, 2012, by and between AGL/SLC MCEWEN NO. 2, LLC, a Delaware limited liability company (“Seller”), and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (“Purchaser”), successor-in-interest to KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Original Purchaser”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This ASSUMPTION AND JOINDER AGREEMENT, dated as of May 9, 2012 (this "Joinder Agreement"), is made by KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company (the "Additional Borrower"), each of the other Borrowers party to the Loan Agreement referred to below, and U.S. Bank National Association, a national banking association, as administrative agent for the Lenders party to the Loan Agreement referred to below ("Agent") and the Lenders described below.
ADDITIONAL ADVANCE AND MODIFICATION AGREEMENTAdditional Advance and Modification Agreement • July 20th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Utah
This ADDITIONAL ADVANCE AND MODIFICATION AGREEMENT (Short Form - 155 North) (this "Agreement") is dated as of June 1, 2012, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (individually and collectively, "Original Borrower"), KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company ("Additional Borrower" and with Original Borrower, individually or collectively as the context may require, "Borrower" or "Borrowers"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent ("Agent") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender (collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders"). This Agreement is made with reference to the following facts:
