DATED AS OF MAY 12, 2014 EXCEL TRUST, L.P., ISSUER, EXCEL TRUST, INC., GUARANTOR, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE SUPPLEMENTAL INDENTURE 4.625% SENIOR NOTES DUE 2024Excel Trust, L.P. • May 12th, 2014 • Real estate • New York
SUPPLEMENTAL INDENTURE, dated as of May 12, 2014 (this “Supplemental Indenture”), by and among EXCEL TRUST, L.P., a Delaware limited partnership (the “Company”), EXCEL TRUST, INC., a Maryland corporation (the “Guarantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
as grantor (Individual Borrower) to [ ], as trustee (Trustee) for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, as beneficiary on behalf of each Lender (Agent) DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGAgreement and Fixture Filing • August 6th, 2015 • Excel Trust, L.P. • Real estate • New York
THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 31st day of July, 2015, by [ ], a Delaware [ ], having its principal place of business at 17140 Bernardo Center Drive, Suite 300, San Diego, California 92128, as grantor (“Individual Borrower”), to [ ] (“Trustee”), having an address at [ ], as trustee, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, Oakland, California 94612, as administrative agent (in such capacity, together with its successors and assigns, “Agent”) for the benefit of the lenders party to the Loan Agreement (as defined below) from time to time (individually and collectively as the context may require, and together with such other co-lenders as may exist from time to time, “Lender”).
LOAN AGREEMENT Dated as of July 31, 2015 Among THE ENTITIES IDENTIFIED ON EXHIBIT A ATTACHED HERETO, collectively, as Borrower and THE FINANCIAL INSTITUTIONS PARTY HERETO AND THEIR ASSIGNEES UNDER SECTION 12.1, as Lenders, WELLS FARGO BANK, NATIONAL...Loan Agreement • August 6th, 2015 • Excel Trust, L.P. • Real estate • New York
THIS LOAN AGREEMENT, dated as of July 31, 2015 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, Oakland, California 94612, as administrative agent, for the benefit of Lenders (in such capacity, together with its successors and/or permitted assigns, “Administrative Agent”) and each of the financial institutions initially a signatory hereto and each other financial institution who may become a Lender pursuant to Section 12.1 hereof (together with their successors and permitted assigns, each a “Lender” and, collectively, “Lenders”) and THE ENTITIES IDENTIFIED ON EXHIBIT A ATTACHED HERETO AS BORROWER, each having its principal place of business at c/o Blackstone Real Estate Partners VII L.P., 17140 Bernardo Center Drive, Suite 300, San Diego, California 92128 (collectively and/or individually as the context m
AGREEMENT AND PLAN OF MERGER DATED AS OF APRIL 9, 2015 BY AND AMONG EXCEL TRUST, INC., EXCEL TRUST, L.P., BRE RETAIL CENTERS HOLDINGS LP, BRE RETAIL CENTERS CORP AND BRE RETAIL CENTERS LPAgreement and Plan of Merger • April 10th, 2015 • Excel Trust, L.P. • Real estate • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of April 9, 2015, is by and among Excel Trust, Inc., a Maryland corporation (the “Company”), BRE Retail Centers Holdings LP, a Delaware limited partnership (“Parent”), BRE Retail Centers Corp, a Maryland corporation (“Merger Sub”), BRE Retail Centers LP, a Delaware limited partnership (“Merger Partnership”), and Excel Trust, L.P., a Delaware limited partnership (the “Partnership”).
EXCEL TRUST, L.P., as Issuer EXCEL TRUST, INC., as Guarantor $250,000,000 4.625% SENIOR NOTES DUE 2024 UNDERWRITING AGREEMENT May 7, 2014Underwriting Agreement • May 12th, 2014 • Excel Trust, L.P. • Real estate • New York
Excel Trust, L.P., a Delaware limited partnership (the “Company”), and Excel Trust, Inc., a Maryland corporation (the “Guarantor”), each confirms its agreement with Barclays Capital Inc. and Wells Fargo Securities, LLC, as representatives (the “Representatives”) of the several Underwriters named in Schedule I hereto (the “Underwriters”), with respect to the proposed issuance and sale of $250,000,000 aggregate principal amount of the Company’s 4.625% Senior Notes due 2024 (the “Notes”). The Notes will (i) have terms and provisions which are summarized in the Time of Sale Prospectus and the Prospectus (each as defined below), (ii) be issued pursuant to an indenture (the “Base Indenture”), to be dated on or about May 12, 2014, by and among the Company, the Guarantor and Wells Fargo Bank, National Association, as trustee (the “Trustee”), as supplemented by a first supplemental indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”) to be dated on or
GUARANTY [Multiparty]Joinder Agreement • November 13th, 2013 • Excel Trust, L.P. • Real estate • New York
This GUARANTY (as amended, supplemented or otherwise modified from time to time, the “Guaranty”), dated as of November 12, 2013, is made jointly and severally by each of the Persons listed on the signature pages hereof as Guarantors and each of the other Persons that from time to time becomes an Additional Guarantor pursuant to the terms of Section 14 hereof (each a “Guarantor” and collectively the “Guarantors”), in favor and for the benefit of each of the holders from time to time of the Notes referred to below (each a “Beneficiary” and collectively the “Beneficiaries”). Capitalized terms used but not defined herein shall have the meanings given to them in the Note Agreement (as defined below). The Note Agreement, the Notes and this Guaranty are collectively referred to as the “Transaction Documents”.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • October 9th, 2013 • Excel Trust, L.P. • Real estate • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) dated as of October 8, 2013 by and among EXCEL TRUST, L.P. (the “Borrower”), EXCEL TRUST, INC. (the “Parent”), each of the Lenders party hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”).
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS DDR FORT UNION I & II LLC, a Delaware limited liability company DDR MIDVALLEY LLC, a Delaware limited liability company DDR FAMILY CENTERS LP, a Delaware limited partnership DDR FORT UNION W...Purchase and Sale Agreement • November 6th, 2014 • Excel Trust, L.P. • Real estate • Utah
For valuable consideration, receipt of which is hereby acknowledged, , a (“Grantor”), hereby conveys to , a (“Grantee”), that certain real property and improvements thereon located in the City of , County of , State of , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”), together with all of Grantor’s right, title and interest in and to: (a) all easements, rights-of-way, development rights, entitlements, air rights and appurtenances relating or appertaining to the Property and/or the improvements thereon; (b) all water wells, streams, creeks, ponds, lakes, detention basins and other bodies of water in, on or under the Property, whether such rights are riparian, appropriative, prospective or otherwise, and all other water rights applicable to the Property and/or the improvements thereon; (c) all sewer, septic and waste disposal rights and interests applicable or appurtenant to or used in connection with the Property; (d) all
TOTAL OF $100,000,000.00 IN NOTES $75,000,000.00 Senior Series A Notes at 4.40% due November 12, 2020 $25,000,000.00 Senior Series B Notes at 5.19% due November 12, 2023 NOTE PURCHASE AGREEMENT Dated November 12, 2013Note Purchase Agreement • November 13th, 2013 • Excel Trust, L.P. • Real estate • New York
EXCEL TRUST, L.P., a Delaware limited partnership (the “Company”) and EXCEL TRUST, INC., a Maryland corporation (the “Parent”), jointly and severally agree with each of the Purchasers as follows:
