0001564590-19-041699 Sample Contracts

RESTRUCTURING AND PLAN SUPPORT AGREEMENT (Fair Value Junior Subordinated Note)
Restructuring and Plan Support Agreement • November 7th, 2019 • RAIT Financial Trust • Real estate investment trusts • Delaware

This RESTRUCTURING AND PLAN SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of August 29, 2019 (the “Execution Date”) by and among (i) RAIT Financial Trust (“RAIT”) and its wholly-owned subsidiary Taberna Realty Finance Trust (“Taberna” and together with RAIT collectively, the “Debtors”), (ii) TP Management LLC, in its capacity as delegate collateral manager under the Delegation Agreement (as defined below) (“Collateral Manager”). The Debtors and Collateral Manager are referred to herein each individually as a “Party,” and collectively, as the “Parties.”

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RESTRUCTURING AND PLAN SUPPORT AGREEMENT (Amortized Cost Junior Subordinated Note)
Restructuring and Plan Support Agreement • November 7th, 2019 • RAIT Financial Trust • Real estate investment trusts • Delaware

This RESTRUCTURING AND PLAN SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of August 31, 2019 (the “Execution Date”) by and among (i) RAIT Financial Trust (“RAIT”) and its indirect wholly-owned subsidiary RAIT Funding, LLC f/k/a Taberna Funding LLC (“Funding” and together with RAIT collectively, the “Debtors”), and (ii) Kodiak CDO I, Ltd., as holder of Preferred Securities (as defined below) (the “Preferred Owner”). The Debtors and the Preferred Owner are referred to herein each individually as a “Party,” and collectively, as the “Parties.”

AMENDMENT NO. 1 TO THE EQUITY AND ASSET PURCHASE AGREEMENT
Equity and Asset Purchase Agreement • November 7th, 2019 • RAIT Financial Trust • Real estate investment trusts • New York

AMENDMENT NO. 1 TO THE EQUITY AND ASSET PURCHASE AGREEMENT (this “Amendment”), dated as of October 4, 2019 (the “Amendment Effective Date”), by and among (a) RAIT Financial Trust, a Maryland real estate investment trust (“RAIT Parent”), RAIT General, Inc., a Maryland corporation (“RAIT General”), RAIT Limited, Inc., a Maryland corporation (“RAIT Limited”), and Taberna Realty Finance Trust, a Maryland real estate investment trust (“Taberna Realty” and, together with RAIT Parent, RAIT General and RAIT Limited, collectively, “Sellers” and each, a “Seller”); and (b) CF RFP Holdings LLC, a Delaware limited liability company (“Buyer”). Sellers and Buyer are referred to herein collectively as the “Parties” and individually as a “Party”.

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