FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 20th, 2007 • Super MergerSub Inc. • Real estate investment trusts • Maryland
THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of April 19, 2007 (this “Amendment”), is made and entered into by and among New Plan Excel Realty Trust, Inc., a Maryland corporation (the “Company”), Excel Realty Partners, L.P., a Delaware limited partnership (the “DownREIT Partnership” and together with the Company, the “Company Parties”), Super IntermediateCo LLC, a Maryland limited liability company (“Parent”), Super MergerSub, Inc., a Maryland corporation and a wholly owned subsidiary of Parent (“MergerSub”), and Super DownREIT MergerSub LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (the “Super REIT MergerSub” and together with MergerSub and Parent, the “Buyer Parties”).
CREDIT AGREEMENT among SUPER MERGERSUB INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of April 5, 2007 J.P. MORGAN SECURITIES INC., as Lead Arranger and BookrunnerCredit Agreement • April 16th, 2007 • Super MergerSub Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT (this “Agreement”), dated as of April 5, 2007, among SUPER MERGERSUB INC., a Maryland corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
JOINT FILING AGREEMENTJoint Filing Agreement • April 16th, 2007 • Super MergerSub Inc. • Real estate investment trusts
Each of the undersigned acknowledges and agrees that the foregoing Statement on Schedule 13D is filed on behalf of the undersigned. Each of the undersigned acknowledges that it shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained therein, but shall not be responsible for the completeness and accuracy of the information concerning the other, except to the extent that he or it knows or has reason to believe that such information is inaccurate.
