1 EXHIBIT 10.52 EMPLOYMENT AGREEMENT THIS AGREEMENT (the "Agreement), effective as of the first day of July, 1991, by and between JOHN A. CAMPBELL (the "Employee") and THE PACIFIC LUMBER COMPANY, a Delaware corporation (the "Company"). W I T N E S S E...Employment Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum • California
1 EXHIBIT 4.3 REGISTRATION RIGHTS AGREEMENT Dated December 23, 1996Registration Rights Agreement • December 24th, 1996 • Maxxam Inc • Primary production of aluminum • New York
OMNIBUS AMENDMENT TO REVOLVING CREDIT AGREEMENT AND GUARANTEE AND COLLATERAL AGREEEMENTRevolving Credit Agreement • October 17th, 2006 • Maxxam Inc • Primary production of aluminum • York
andRights Agreement • January 14th, 2000 • Maxxam Inc • Primary production of aluminum • Delaware
LOAN AGREEMENTLoan Agreement • March 31st, 1999 • Maxxam Inc • Primary production of aluminum • Texas
THIRD AMENDMENT TO LOAN AGREEMENT AND FIRST AMENDMENT TO PROMISSORY NOTE THIS THIRD AMENDMENT TO LOAN AGREEMENT AND FIRST AMENDMENT TO PROMISSORY NOTE (the "Amendment") is made and entered into effective the 30th day of September, 2001, by and between...Loan Agreement • March 31st, 2003 • Maxxam Inc • Primary production of aluminum
AMENDMENT TO RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum
ANDMaxxam Inc • September 15th, 1998 • Primary production of aluminum • New York
Exhibit 99.1 AMENDMENT NO. 5 TO TERM LOAN AGREEMENT This AMENDMENT NO. 5 TO TERM LOAN AGREEMENT (this "Amendment") is dated as of February 16, 2006, by THE PACIFIC LUMBER COMPANY, a Delaware corporation ("Palco"), THE BRITT LUMBER CO., INC., a...Term Loan Agreement • February 22nd, 2006 • Maxxam Inc • Primary production of aluminum • New York
FOURTH AMENDMENT TO LOAN AGREEMENT THIS FOURTH AMENDMENT TO LOAN AGREEMENT (the "Amendment") is made and entered into effective the 13th day of December, 2001, by and between MCO PROPERTIES INC., a Delaware corporation, MCO PROPERTIES L.P., a Delaware...Loan Agreement • March 31st, 2003 • Maxxam Inc • Primary production of aluminum
FORM OF DEFERRED COMPENSATION AGREEMENTDeferred Compensation Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum • Texas
Exhibit 10.3 GUARANTEE AND COLLATERAL AGREEMENTGuarantee and Collateral Agreement • April 28th, 2005 • Maxxam Inc • Primary production of aluminum • New York
MAXXAM INC. TAX ALLOCATION AGREEMENT WITH MAXXAM GROUP INC. THE PACIFIC LUMBER COMPANY and BRITT LUMBER CO., INC. OF FEBRURAY 9, 2004Tax Allocation Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum
CREDIT AGREEMENT DATED AS OF JULY 20, 1998 AMONG SCOTIA PACIFIC COMPANY LLC, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, AS AGENT, AND THE OTHER FINANCIAL INSTITUTIONS PARTY HERETO ARRANGED BY BA SECURITIES, INC.Credit Agreement • August 3rd, 1998 • Maxxam Inc • Primary production of aluminum • New York
AmongCredit Agreement • March 30th, 2004 • Maxxam Inc • Primary production of aluminum • California
1 EXHIBIT 4.33 AMENDMENT AGREEMENT AMENDMENT AGREEMENT, dated as of December 23, 1996, between CUSTODIAL TRUST COMPANY (the "Bank"), a bank and trust company organized and existing under the laws of the State of New Jersey, and MAXXAM Inc. (the...Agreement • January 8th, 1997 • Maxxam Inc • Primary production of aluminum
MAXXAM INC. INDENTUREPledge Agreement • March 18th, 1996 • Maxxam Inc • Land subdividers & developers (no cemeteries) • New York
EXECUTION COPY AMENDMENT NO. 2 TO THE CREDIT AGREEMENT, dated as of October 20, 2004 (this "Amendment"), among The Pacific Lumber Company, a Delaware corporation, and Britt Lumber Co., Inc., a California corporation (each, a "Borrower" and together,...The Credit Agreement • November 15th, 2004 • Maxxam Inc • Primary production of aluminum • California
MAXXAM INC.,Maxxam Inc • December 24th, 1996 • Primary production of aluminum • New York
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Skadden, Arps, Slate, Meagher & Flom LLP 300 South Grand Avenue, 34th Floor Los Angeles, California 90071 Attention: Howard N. Weinberg...Maxxam Inc • August 3rd, 1998 • Primary production of aluminum • California
March 10, 1995 VIA CERTIFIED MAIL Mr. John A. Campbell The Pacific Lumber Company 125 Main Street Scotia, California 95565 Dear John: In accordance with Section 2.b. of the Employment Agreement dated as of July 1, 1991 (the "Employment Agreement"),...Maxxam Inc • January 8th, 1997 • Primary production of aluminum
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING by and from THE PACIFIC LUMBER COMPANY, “Grantor” to FIDELITY NATIONAL TITLE COMPANY, “Trustee” for the benefit of MARATHON STRUCTURED FINANCE FUND L.P., in its...Maxxam Inc • July 21st, 2006 • Primary production of aluminum
THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND FIXTURE FILING (as hereafter amended, modified, extended, restated, supplemented or renewed from time to time, the “Deed of Trust”) is dated as of July 18, 2006, by and from THE PACIFIC LUMBER COMPANY, a Delaware corporation (“Grantor”), having an address at 125 Main Street, Scotia, California 95565, to FIDELITY NATIONAL TITLE COMPANY (“Trustee”), having an address at 404 H Street, Eureka, California 95501, for the benefit of MARATHON STRUCTURED FINANCE FUND L.P., as administrative agent (in such capacity, “Agent”) for the lenders party to the Loan Agreement (defined below) (all such lenders, together with their respective successors and assigns, are collectively referred to as the “Lenders”), having an address at 461 Fifth Avenue, New York, New York 10017 (Agent, together with its successors and assigns, “Beneficiary”). The term “Grantor” shall be synonymous with the term “Trustor” for purposes of California la
CLASS A PROMISSORY NOTEMaxxam Inc • April 30th, 2008 • Forestry
FOR VALUE RECEIVED, M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and M-SIX PENVEST II BUSINESS TRUST (LA), a Delaware business trust and M-SIX PENVEST II LIMITED PARTNERSHIP (NEV.) a Delaware limited partnership (together with their respective permitted successors and assigns, collectively referred to herein as "Owner), hereby jointly and severally promise to pay to the order of THE CAPITAL COMPANY OF AMERICA LLC, a Delaware limited liability corporation, as successor in interest to NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation (together with its successors and assigns referred to herein as "Lender"), or order, the principal sum of $9,985,451.41 and all other amounts advanced by Lender to or on behalf of Owner pursuant to the Indenture (as hereinafter defined) or any other Loan Document (as defined in the Indenture) and allocated to this Class A Note pursuant to the Indenture (collectively, as such amount may be reduced from time to time as the result of the p
LOAN AGREEMENT [FEI Space] dated as of June 28, 2001 between LAKEPOINTE ASSETS LLC, as Borrower and LEGG MASON REAL ESTATE SERVICES, INC., as LenderLoan Agreement • March 31st, 2009 • Maxxam Inc • Forestry • Texas
THIS LOAN AGREEMENT (this "LOAN AGREEMENT"), dated as of June 28, 2001, between LAKEPOINTE ASSETS LLC, a Delaware limited liability company, having an address c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057 ("BORROWER") and LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation, having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202 (the "LENDER").
LOAN AGREEMENT BY AND BETWEEN NOMURA ASSET CAPITAL CORPORATION, as Lender and M-SIX PENVEST II BUSINESS TRUST, as OwnerLoan Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
LOAN AGREEMENT (this "Agreement"), dated as of April 30, 1998, by and between NOMURA ASSET CAPITAL CORPORATION, a Delaware corporation, as lender (together with its successors and assigns, "Lender"), and M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, as borrower (together with each other Owner listed on Schedule I to the Indenture referred to below and their respective permitted successors and assigns, "Owner").
LEASE AGREEMENT Among each Owner listed on Schedule AA attached hereto with respect to the related Project as Landlord and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation as TenantLease Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE AGREEMENT, dated as of April 3 0,1998 (this "Lease"), is made and entered into among M-SIX PENVEST II BUSINESS TRUST, a Delaware business trust, and each other Owner listed on Schedule AA hereto through which it directly or indirectly owns its interests in a Project (together with their respective successors and assigns, herein called "Landlord", either individually or collectively as appropriate in the context used) having an address at C/o U.S. Realty Advisors, LLC, 1370 Avenue of the Americas, 29th Floor, New York, New York 10019, and UNIVERSAL COMMERCIAL CREDIT LEASING III, INC., a Delaware corporation(together with its successors and assigns, herein called "Tenant"), having an address at 3 00 Delaware Avenue, Suite 571, Wilmington, Delaware 19801.
PURCHASE AGREEMENTPurchase Agreement • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS PURCHASE AGREEMENT (this "Agreement"), dated as of November 12, 2002, between USRA LEVERAGED NET LEASE, LLC, a Delaware limited liability company ("Seller") having an address c/o U.S. Realty Advisors LLC, 1370 Avenue of the Americas, New York, New York 10019, and MOTEL ASSETS HOLDINGS LLC, a Delaware limited liability company ("Purchaser") having an address at 5847 San Felipe, Suite 2600, Houston, Texas 77057.
ContractThe Credit Agreement • March 22nd, 2005 • Maxxam Inc • Primary production of aluminum • California
AMENDMENT NO. 4 TO THE CREDIT AGREEMENT AND LIMITED WAIVER, dated as of March 18, 2005 (this "Amendment and Limited Waiver"), among The Pacific Lumber Company, a Delaware corporation, and Britt Lumber Co., Inc., a California corporation (each, a "Borrower" and together, the "Borrowers"), the banks, financial institutions and other institutional lenders parties to the Credit Agreement referred to below (collectively, the "Lenders") and Bank of America, N.A., as agent (the "Agent") for the Lenders.
LEASE GUARANTYLease Guaranty • April 30th, 2008 • Maxxam Inc • Forestry • New York
THIS LEASE GUARANTY, dated as of April 30, 1998 (together with all amendments and supplements hereto, this "Guaranty") made by ACCOR, a corporation duly organized under the laws of France (the "Guarantor") in favor of M-SIX PENVEST II BUSINESS TRUST (together with each Owner listed on Schedule I hereto through which it directly or indirectly holds title to the Properties, as hereinafter defined and their respective successors and assigns, collectively referred to herein as the "Owner"). Each Owner is individually referred to herein as a "Beneficiary" and collectively as the "Beneficiaries".
LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT Dated as of October 26, 2000 Between PALMAS COUNTRY CLUB, INC. a Delaware corporation and PUERTO RICO TOURISM DEVELOPMENT FUND, an instrumentality of the Commonwealth of Puerto Rico PUERTO RICO INDUSTRIAL,...Letter of Credit and Reimbursement Agreement • April 30th, 2008 • Maxxam Inc • Forestry • Puerto Rico
LETTER OF CREDIT AND REIMBURSEMENT AGREEMENT dated as of October 26, 2000, between PALMAS COUNTRY CLUB, INC. (the "Company"), a Delaware corporation, and the PUERTO RICO TOURISM DEVELOPMENT FUND, an instrumentality of the Commonwealth of Puerto Rico ("TDF").
SECOND AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE THIS SECOND AMENDMENT TO LOAN AGREEMENT AND PROMISSORY NOTE (the "Amendment") is made and entered into effective the 1st day of October, 2000, by and between MCO PROPERTIES INC., a Delaware...Loan Agreement and Promissory Note • March 30th, 2001 • Maxxam Inc • Primary production of aluminum
GUARANTEE AND COLLATERAL AGREEMENT made by THE PACIFIC LUMBER COMPANY, BRITT LUMBER CO., INC., MAXXAM GROUP INC., SALMON CREEK LLC, SCOTIA INN INC. in favor of MARATHON STRUCTURED FINANCE FUND L.P., as Administrative Agent Dated as of July 18, 2006Guarantee and Collateral Agreement • July 21st, 2006 • Maxxam Inc • Primary production of aluminum • New York
GUARANTEE AND COLLATERAL AGREEMENT, dated as of July 18, 2006, made by each of the parties listed on the signature pages hereto as Grantors (together with any other person that may become a party hereto as a Grantor as provided herein, the “Grantors”) and MAXXAM Group Inc., a Delaware corporation (“Holdings”) in favor of MARATHON STRUCTURED FINANCE FUND L.P., as administrative agent (in such capacity and together with its successors, the “Administrative Agent”) for (i) the banks and other financial institutions or entities (the “Lenders”) from time to time parties to the Revolving Credit Agreement, dated as of July 18, 2006 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among The Pacific Lumber Company, a Delaware corporation (“Palco”) and Britt Lumber Co., Inc., a California corporation (“Britt”, together with Palco, the “Borrowers”), the Lenders party thereto, the Administrative Agent, and (ii) the other Secured Parties (as herei
LEASE AGREEMENT between BELTWAY ASSETS LLC, a Delaware limited liability company, as Lessor, and COOPER CAMERON CORPORATION, a Delaware corporation, as Lessee Dated as of November 19, 2002Lease Agreement • April 30th, 2008 • Maxxam Inc • Forestry
THIS LEASE, dated as of the date specified in Item 1 of Schedule B (as amended from time to time this "Lease"), between the Lessor specified in Item 2 of Schedule B ("Lessor"), having an office at the address set forth in Item 2 of Schedule B and the Lessee specified in Item 3 of Schedule B (herein, together with any Person succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, called "Lessee"), having an address at the address set forth in Item 3 of Schedule B,, both parties intending to be legally bound.
INDEMNITY AND GUARANTY AGREEMENTIndemnity and Guaranty Agreement • April 30th, 2008 • Maxxam Inc • Forestry • Texas
THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), executed this 18th day of November, 2002 and effective as of the 19th day of November, 2002, by BELTWAY ASSETS HOLDINGS LLC, a Delaware limited liability company (the "Indemnitor"), having an office at c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057, in favor of LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation (together with any subsequent holder of the hereinafter defined Note, the "Lender"), having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202.
TRUST AGREEMENT Between PUERTO RICO INDUSTRIAL, TOURIST, EDUCATIONAL, MEDICAL AND ENVIRONMENTAL CONTROL FACILITIES FINANCING AUTHORITY and PAINEWEBBER TRUST COMPANY OF PUERTO RICO as Trustee Dated October 26, 2000 Securing Tourism Revenue Bonds,Trust Agreement • April 30th, 2008 • Maxxam Inc • Forestry
---Attorney-at-law and Notary Public in and for the Commonwealth of Puerto Rico, with residence in Guaynabo, Puerto Rico and offices at the Sixteenth (16th) Floor, Banco Popular Center, Ponce de Leon Avenue, Hato Rey, San Juan, Puerto Rico.
