ADVISORY AGREEMENT between KBS REAL ESTATE INVESTMENT TRUST III, INC. and KBS CAPITAL ADVISORS LLC September 27, 2015Advisory Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Delaware
This Advisory Agreement, dated as of September 27, 2015 (the “Agreement”), is between KBS Real Estate Investment Trust III, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”).
MAXIMUM PRINCIPAL INDEBTEDNESS FOR TENNESSEE RECORDING TAX PURPOSES IS $50,000,000.00 (Indebtedness Tax paid in connection with that certain Deed of Trust (With Assignment of Leases and Rents, Security Agreement and Fixture Filing) dated as of April...Second Modification and Additional Advance Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Tennessee
This SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – McEwen) (this "Agreement") is dated as of September 16, 2015, by and between KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company ("Trustor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This ASSUMPTION AND JOINDER AGREEMENT, dated as of June 19, 2015 (this "Joinder Agreement"), is made by KBSIII PARK PLACE VILLAGE, 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.
FIRST MODIFICATION AGREEMENT (Short Form – Domain Gateway)First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
This FIRST MODIFICATION AGREEMENT (Short Form –Domain Gateway) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:
FIRST MODIFICATION AGREEMENT (Short Form –Lake Carolyn)First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
This FIRST MODIFICATION AGREEMENT (Short Form –Lake Carolyn) (this "Agreement") is dated as of June 19, 2015, by and among KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company ("Grantor"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below, the "Lenders"). This Agreement is made with reference to the following facts:
SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Park Place Village)Modification and Additional Advance Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Kansas
This SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Park Place Village) (this "Agreement") is dated as of September 16, 2015, by and between KBSIII PARK PLACE VILLAGE, LLC, a Delaware limited liability company ("Grantor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:
PROMISSORY NOTE (Revolving Loan)Promissory Note • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Note is one of one or more promissory notes in the aggregate principal amount of $255,000,000.00 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.
SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Long Form)Second Modification and Additional Advance Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
This SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Long Form) (this "Agreement") is dated as of September 16, 2015, by and among (i) KBSIII DOMAIN GATEWAY, LLC, KBSIII 1550 WEST MCEWEN DRIVE, LLC, KBSIII 155 NORTH 400 WEST, LLC, and KBSIII TOWER AT LAKE CAROLYN, LLC, each a Delaware limited liability company (collectively, "Initial Borrowers"), (ii) KBSIII PARK PLACE VILLAGE, LLC, a Delaware limited liability company ("Park Place Borrower," collectively with Initial Borrowers, the "Existing Borrowers"), (iii) KBSIII VILLAGE CENTER STATION, LLC, a Delaware limited liability company ("Additional Borrower," individually or collectively with the Existing Borrowers as the context may require, are referred to herein as "Borrower" or "Borrowers"), (iv) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent, lead arranger and book manager (in such capacity, "Agent"), and (v) each lender party hereto (individually, a "Lender" and collectively with any lender that becom
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This ASSUMPTION AND JOINDER AGREEMENT, dated as of September 16, 2015 (this "Joinder Agreement"), is made by KBSIII VILLAGE CENTER STATION, 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.
SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Lake Carolyn)Second Modification and Additional Advance Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Lake Carolyn) (this "Agreement") is dated as of September 16, 2015, by and between KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company ("Trustor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:
SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Domain Gateway)Second Modification and Additional Advance Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
This SECOND MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Short Form – Domain Gateway) (this "Agreement") is dated as of September 16, 2015, by and between KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company ("Trustor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:
MAXIMUM PRINCIPAL INDEBTEDNESS FOR TENNESSEE RECORDING TAX PURPOSES IS $0 (Indebtedness Tax paid in connection with that certain Deed of Trust (With Assignment of Leases and Rents, Security Agreement and Fixture Filing) dated as of April 30, 2012, and...First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Tennessee
This FIRST MODIFICATION AGREEMENT (Short Form – McEwen (this "Agreement") is dated as of June 19, 2015, by and between KBSIII 1550 WEST MCEWEN DRIVE, a Delaware limited liability company ("Trustor") and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (in such capacity, "Agent") for the lenders from time to time party to the Loan Agreement described below (the "Lenders"). This Agreement is made with reference to the following facts:
FIRST MODIFICATION AGREEMENT (Long Form)First Modification Agreement • November 12th, 2015 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
This FIRST MODIFICATION AGREEMENT (Long Form) (this "Agreement") is dated as of June 19, 2015, by and among (i) KBSIII PARK PLACE VILLAGE, LLC, a Delaware limited liability company ("Additional Borrower"), (ii) KBSIII DOMAIN GATEWAY, LLC, KBSIII 1550 WEST MCEWEN DRIVE, LLC, KBSIII 155 NORTH 400 WEST, LLC, and KBSIII TOWER AT LAKE CAROLYN, LLC, each a Delaware limited liability company (collectively, the "Initial Borrowers"), (iii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent, lead arranger and book manager (in such capacity, "Agent"), and (iv) each lender party hereto (individually, a "Lender" and collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders").
