Exhibit 10.4 EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT dated as of December __, 2004, by and between Feldman Mall Properties, Inc., with its principal place of business at 3225 North Central Avenue, Suite 1205, Phoenix, Arizona 85012 (the "Company")...Employment Agreement • December 15th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York
Contract Type FiledDecember 15th, 2004 Company Industry Jurisdiction
RECITALSOperating Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Arizona
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FELDMAN EQUITIES OPERATING PARTNERSHIP, LPFeldman Mall Properties, Inc. • August 30th, 2005 • Real estate investment trusts • Delaware
Company FiledAugust 30th, 2005 Industry Jurisdiction
RECITALS:Contribution Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Delaware
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
BY AND BETWEENPurchase and Sale Agreement • November 15th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York
Contract Type FiledNovember 15th, 2004 Company Industry Jurisdiction
FORM OFFeldman Mall Properties, Inc. • December 15th, 2004 • Real estate investment trusts • Virginia
Company FiledDecember 15th, 2004 Industry Jurisdiction
RECITALS:Subscription Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Delaware
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 12th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • Maryland
Contract Type FiledFebruary 12th, 2014 Company Industry JurisdictionTHIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the 11th day of February, 2014, by and between Trade Street Residential, Inc., a Maryland corporation (the “Company”), and Evan Gartenlaub (“Indemnitee”).
BY AND AMONGRegistration Rights Agreement • December 15th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York
Contract Type FiledDecember 15th, 2004 Company Industry Jurisdiction
LIMITED PARTNERSHIP AGREEMENT OF FELDMAN LUBERT ADLER HARRISBURG LPLimited Partnership Agreement • December 7th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Pennsylvania
Contract Type FiledDecember 7th, 2004 Company Industry Jurisdiction
FORM OF AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FELDMAN EQUITIES OPERATING PARTNERSHIP LPFeldman Mall Properties, Inc. • December 15th, 2004 • Real estate investment trusts • Delaware
Company FiledDecember 15th, 2004 Industry Jurisdiction
SECOND AMENDMENT TO LIMITED PARTNERSHIP AGREEMENT OF FELDMAN LUBERT ADLER HARRISBURG LPFeldman Mall Properties, Inc. • December 7th, 2004 • Real estate investment trusts • Pennsylvania
Company FiledDecember 7th, 2004 Industry Jurisdiction
EXECUTION FELDMAN PARTNERS, LLC REDEMPTION AGREEMENT This FELDMAN PARTNERS, LLC REDEMPTION AGREEMENT made as of August 13, 2004 (this "Agreement"), by and among: (a) FELDMAN PARTNERS, LLC, an Arizona limited liability company ("Redeeming Member"); (b)...Redemption Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Delaware
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
CREDIT AGREEMENT Dated as of January 31, 2014 by and among TRADE STREET OPERATING PARTNERSHIP, LP,Credit Agreement • February 5th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • New York
Contract Type FiledFebruary 5th, 2014 Company Industry JurisdictionTHIS CREDIT AGREEMENT (this “Agreement”) dated as of January 31, 2014 by and among TRADE STREET OPERATING PARTNERSHIP, LP, a limited partnership formed under the laws of the State of Delaware (the “Borrower”), TRADE STREET RESIDENTIAL, INC., a corporation formed under the laws of the State of Maryland (the “Parent”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5. (the “Lenders”), and REGIONS BANK, as Administrative Agent (the “Administrative Agent”), with REGIONS CAPITAL MARKETS, LLC, as sole Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”).
THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH...Trade Street Residential, Inc. • April 22nd, 2013 • Real estate investment trusts • Delaware
Company FiledApril 22nd, 2013 Industry JurisdictionTHIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF TRADE STREET OPERATING PARTNERSHIP, LP, dated as of March 26, 2013, is entered into by and among Trade Street OP GP, LLC, a Delaware limited liability company (the “General Partner”), and the limited partners listed on Exhibit A hereto (each a “Limited Partner”).
EXHIBIT 10.17 FELDMAN MALL PROPERTIES, INC. FORM OF INDEMNIFICATION AGREEMENT This INDEMNIFICATION AGREEMENT (the "Agreement") made and entered into this __ day of _________, 2004, by and between Feldman Mall Properties, Inc., a Maryland corporation...Indemnification Agreement • December 15th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Maryland
Contract Type FiledDecember 15th, 2004 Company Industry Jurisdiction
Exhibit 2.03 SECOND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE THIS SECOND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE ("THIS AMENDMENT"), made as of the 23rd day of June, 2005, by and between, TALLAHASSEE MALL PARTNERS, LTD., a Florida limited...Contract for Sale and Purchase • July 5th, 2005 • Feldman Mall Properties, Inc. • Real estate investment trusts
Contract Type FiledJuly 5th, 2005 Company Industry
FELDMAN MALL PROPERTIES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • April 15th, 2005 • Feldman Mall Properties, Inc. • Real estate investment trusts • Maryland
Contract Type FiledApril 15th, 2005 Company Industry JurisdictionThis INDEMNIFICATION AGREEMENT (the “Agreement”) made and entered into this 21st day of December, 2004, by and between Feldman Mall Properties, Inc., a Maryland corporation (the “Company”), and Scott Jensen (the “Indemnitee”).
RECITALS:Contribution and Subscription Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Arizona
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 11th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • Maryland
Contract Type FiledAugust 11th, 2014 Company Industry JurisdictionTHIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into, and is effective, as of May ____, 2014 (the “Effective Date”) by and between Trade Street Residential, Inc., a Maryland corporation (the “Company”), and _____________________ (the “Indemnitee”). See Schedule A for a list of officers and directors who have entered into this Indemnification Agreement with the Company.
FELDMAN MALL PROPERTIES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • April 15th, 2005 • Feldman Mall Properties, Inc. • Real estate investment trusts • Maryland
Contract Type FiledApril 15th, 2005 Company Industry JurisdictionThis INDEMNIFICATION AGREEMENT (the “Agreement”) made and entered into this 21st day of December, 2004, by and between Feldman Mall Properties, Inc., a Maryland corporation (the “Company”), and Thomas Wirth (the “Indemnitee”).
RECITALS:Irrevocable Contribution Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Delaware
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
EMPLOYMENT AGREEMENTEmployment Agreement • August 11th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • Florida
Contract Type FiledAugust 11th, 2014 Company Industry JurisdictionThis EMPLOYMENT AGREEMENT (this “Agreement”), effective as of August 7, 2014 (the “Effective Date”), is made and entered into by and between Trade Street Residential, Inc., a Maryland corporation with its principal place of business at 19950 West Country Club Drive, Suite 800, Aventura, Florida 33180 (together with its subsidiaries, the “Company”), and Ryan Hanks, an individual resident of the State of Florida (the “Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • April 22nd, 2013 • Trade Street Residential, Inc. • Real estate investment trusts • Florida
Contract Type FiledApril 22nd, 2013 Company Industry JurisdictionThis EMPLOYMENT AGREEMENT (this “Agreement”), effective as of , 2013 (the “Effective Date”), is made and entered into this day of , 2013, by and between Trade Street Residential, Inc., a Maryland corporation with its principal place of business at 19950 West Country Club Drive, Suite 800, Aventura, Florida 33180 (together with its subsidiaries, the “Company”), and Ryan Hanks, an individual resident of the State of North Carolina (the “Executive”).
Exhibit 10.24 FELDMAN MALL PROPERTIES, INC. WAIVER AND CONTRIBUTION AGREEMENT This is an agreement dated as of November 15, 2004 between Scott Jensen (the "Contributor"), Feldman Mall Properties, Inc., a Maryland corporation (the "Company"), and...Waiver and Contribution Agreement • December 15th, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York
Contract Type FiledDecember 15th, 2004 Company Industry Jurisdiction
STOCKHOLDERS AGREEMENTStockholders Agreement • January 21st, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • New York
Contract Type FiledJanuary 21st, 2014 Company Industry JurisdictionThis STOCKHOLDERS AGREEMENT is entered into as of January 16, 2014, by and among Trade Street Residential, Inc., a Maryland corporation (the “Company”) and the investment entities managed or advised by Senator Investment Group, LP, a Delaware limited partnership (the “Adviser”), as set forth on the signature pages hereto (each, an “Investor,” and collectively, the “Investors”).
STANDBY PURCHASE AGREEMENT by and among TRADE STREET RESIDENTIAL, INC., SENATOR GLOBAL OPPORTUNITY FUND LP, and SENATOR GLOBAL OPPORTUNITY INTERMEDIATE FUND L.P. Dated as of November 12, 2013Standby Purchase Agreement • December 19th, 2013 • Trade Street Residential, Inc. • Real estate investment trusts • New York
Contract Type FiledDecember 19th, 2013 Company Industry JurisdictionSTANDBY PURCHASE AGREEMENT dated as of November 12, 2013 (this “Agreement”) by and among Trade Street Residential, Inc., a Maryland corporation (the “Company”), and the investment entities managed or advised by Senator Investment Group LP, a Delaware limited partnership (the “Adviser”), as set forth on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).
LOAN AGREEMENT for a loan in the amount of MADE BY AND BETWEEN TS NEW BERN, LLC, a Delaware limited liability company, successor by merger with Newbern Station Holdings, LLC and Fountains at Newbern Station, LLC, each a North Carolina limited...Loan Agreement • September 27th, 2013 • Trade Street Residential, Inc. • Real estate investment trusts • Illinois
Contract Type FiledSeptember 27th, 2013 Company Industry JurisdictionTHIS LOAN AGREEMENT (as amended, modified, restated, extended, waived, supplemented or replaced from time to time, this "Agreement") is dated as of September 23, 2013, is by and between Borrower and Lender. In consideration of the mutual covenants, conditions and agreements herein contained, Borrower and Lender agree as follows:
MANAGEMENT PURCHASE AGREEMENTManagement Purchase Agreement • November 12th, 2013 • Trade Street Residential, Inc. • Real estate investment trusts • New York
Contract Type FiledNovember 12th, 2013 Company Industry JurisdictionThis MANAGEMENT PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 12, 2013, by and among Trade Street Residential, Inc., a Maryland corporation (the “Company”), and the undersigned Manager Purchasers (each a “Manager Purchaser” and together the “Manager Purchasers”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • January 27th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts • North Carolina
Contract Type FiledJanuary 27th, 2014 Company Industry JurisdictionAnd the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for those matters set forth on Exhibit B attached hereto and incorporated herein by reference. [Exhibit B shall list the Permitted Exceptions as defined in the Purchase and Sale Agreement between Grantor and Grantee]
VOTING AGREEMENTVoting Agreement • May 11th, 2015 • Trade Street Residential, Inc. • Real estate investment trusts • Maryland
Contract Type FiledMay 11th, 2015 Company Industry JurisdictionThis Voting Agreement (this “Agreement”) is made and entered into as of May 11, 2015, by and between Trade Street Residential, Inc., a Maryland corporation (the “Company”) and the undersigned stockholder (the “Stockholder”) of Independence Realty Trust, Inc., a Maryland corporation (“Parent”).
VOTING AGREEMENTVoting Agreement • November 12th, 2013 • Trade Street Residential, Inc. • Real estate investment trusts • New York
Contract Type FiledNovember 12th, 2013 Company Industry JurisdictionVOTING AGREEMENT (this “Agreement”), dated as of November 12, 2013, by and among the investment entities managed or advised by Senator Investment Group LP, a Delaware limited partnership, as set forth on the signature pages hereto (each, a “Backstop Investor” and collectively, the “Backstop Investors”), and Michael Baumann (the “Shareholder”). Each of the Backstop Investors and the Shareholder is referred to as a “party” and collectively as the “parties.” Capitalized terms used but not defined in this Agreement have the meanings ascribed to them in the Purchase Agreement (defined below).
RECITALS:Recapitalization Agreement • October 22nd, 2004 • Feldman Mall Properties, Inc. • Real estate investment trusts • Delaware
Contract Type FiledOctober 22nd, 2004 Company Industry Jurisdiction
Texas Loan No. 340043 RECORDING REQUESTED BYTrust and Security Agreement • March 24th, 2014 • Trade Street Residential, Inc. • Real estate investment trusts
Contract Type FiledMarch 24th, 2014 Company Industry
Guarantor)Trade Street Residential, Inc. • January 27th, 2014 • Real estate investment trusts
Company FiledJanuary 27th, 2014 IndustryThis GUARANTY ("Guaranty") is executed as of the date set forth on the cover page hereof, by TRADE STREET OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“TS Partnership”) having an address at 19950 West Country Club Drive, Suite 800, Aventura, Florida 33180, and TRADE STREET RESIDENTIAL, INC., a Maryland corporation (“TSR, Inc.”), having an address at 19950 West Country Club Drive, Suite 800, Aventura, Florida 33180 (TS Partnership and TSR, Inc. are collectively referred to herein as "Guarantor") for the benefit of NEW YORK LIFE INSURANCE COMPANY, a New York mutual insurance company having an address at 51 Madison Avenue, New York, New York 10010 ("Lender").