Exhibit 10.1 FIRST AMENDED AND RESTATED REVOLVING LOAN AGREEMENT dated as of May 16, 2000Assignment and Assumption Agreement • November 14th, 2000 • Essex Property Trust Inc • Real estate investment trusts • California
PRICING AGREEMENTPurchase Agreement • December 5th, 1997 • Essex Property Trust Inc • Real estate investment trusts
W I T N E S S E T HRights Agreement • March 29th, 2002 • Essex Property Trust Inc • Real estate investment trusts
Exhibit 10.1 SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of May 15, 2002Revolving Credit Agreement • August 13th, 2002 • Essex Property Trust Inc • Real estate investment trusts • California
EXHIBIT B INDEMNIFICATION AGREEMENTIndemnification Agreement • February 25th, 2011 • Essex Property Trust Inc • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of __________, 20____, by and between Essex Property Trust, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).
2 3 SECTION 1. Representations and Warranties.Purchase Agreement • April 3rd, 1997 • Essex Property Trust Inc • Real estate investment trusts • Maryland
EXHIBIT 2.1 AGREEMENT OF PURCHASE AND SALE THE SELLERS NAMED HEREIN,Agreement of Purchase and Sale • October 5th, 2004 • Essex Property Trust Inc • Real estate investment trusts • California
PURCHASE AGREEMENTPurchase Agreement • December 5th, 1997 • Essex Property Trust Inc • Real estate investment trusts • New York
RECITALSEssex Property Trust Inc • November 15th, 1999 • Real estate investment trusts
5,200,000 Shares Essex Property Trust, Inc. Series G Cumulative Convertible Preferred Stock Underwriting Agreement dated July 21, 2006Underwriting Agreement • July 24th, 2006 • Essex Property Trust Inc • Real estate investment trusts • New York
7,500,000 SHARES CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • May 7th, 2009 • Essex Property Trust Inc • Real estate investment trusts • New York
ESSEX PROPERTY TRUST, INC., a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (“CF&Co”), as follows:
Essex Portfolio, L.P., as Issuer Essex Property Trust, Inc., as Guarantor U.S. Bank National Association, as TrusteeEssex Property Trust Inc • August 15th, 2012 • Real estate investment trusts • New York
INDENTURE dated as of August 15, 2012 among Essex Portfolio, L.P., a California limited partnership (hereinafter called the “Issuer”), Essex Property Trust, Inc., a Maryland corporation (hereinafter called the “Guarantor” or, in its capacity as the sole general partner of the Issuer, the “General Partner”), each having its principal office at Essex Portfolio, L.P. 925 East Meadow Drive, Palo Alto, California 94303, and U.S. Bank National Association, as trustee hereunder (hereinafter called the “Trustee”). Each party agrees as follows for the benefit of the other parties and for the equal and ratable benefit of the holders of the Issuer’s 3.625% Senior Notes due 2022 (hereinafter called the “Notes”) guaranteed by the Guarantor.
ESSEX PROPERTY TRUST, INC. shares of Common Stock (par value $0.0001 per share) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • March 7th, 2012 • Essex Property Trust Inc • Real estate investment trusts • New York
EXHIBIT 10.1 ESSEX PROPERTY TRUST, INC. PHANTOM STOCK UNIT AGREEMENT THIS AGREEMENT is entered into as of January 1, 1997 between the Company and Recipient. WI T N E S S E T H: WHEREAS, the Company has determined that it would be to the advantage and...Phantom Stock Unit Agreement • May 13th, 1997 • Essex Property Trust Inc • Real estate investment trusts • California
RECITALSEssex Property Trust Inc • August 13th, 2001 • Real estate investment trusts
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of September ___, 2011 among ESSEX PORTFOLIO, L.P., a California limited partnership, THE LENDERS LISTED HEREIN, PNC BANK, NATIONAL ASSOCIATION as Administrative Agent, and PNC CAPITAL MARKETS...Revolving Credit Agreement • November 7th, 2011 • Essex Property Trust Inc • Real estate investment trusts • California
This AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of September ___, 2011 (this “Agreement”), is among ESSEX PORTFOLIO, L.P., a California limited partnership (“Borrower”), the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually, a “Lender”), and PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, “Administrative Agent”) and as Swing Line Lender and L/C Issuer.
ContractRevolving Credit Agreement • November 7th, 2007 • Essex Property Trust Inc • Real estate investment trusts • California
AGREEMENT TO RESTRUCTURE PARTNERSHIP BETWEEN WESTERN-MOUNTAIN VIEW II INVESTORS, A CALIFORNIA LIMITED PARTNERSHIP “PARTNERSHIP” AND ESSEX PORTFOLIO, L.P., A CALIFORNIA LIMITED PARTNERSHIP “EPLP” AND ESSEX PROPERTY TRUST, INC., A MARYLAND CORPORATION...Agreement to Restructure Partnership • November 7th, 2007 • Essex Property Trust Inc • Real estate investment trusts • California
THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 6th, 2013 • Essex Property Trust Inc • Real estate investment trusts • California
THIS THIRD AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this "Third Amendment") is made as of January 22, 2013 (the "Effective Date"), by and among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), the lenders which are parties hereto (collectively, "Lenders") and PNC BANK, NATIONAL ASSOCIATION, as administrative agent under the Credit Agreement (in such capacity, "Administrative Agent") and L/C Issuer.
SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 6th, 2013 • Essex Property Trust Inc • Real estate investment trusts • California
THIS SECOND AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this "Second Amendment") is made as of August 30, 2012 (the "Effective Date"), by and among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), the lenders which are parties hereto (collectively, "Lenders") and PNC BANK, NATIONAL ASSOCIATION, as administrative agent under the Credit Agreement (in such capacity, "Administrative Agent") and L/C Issuer.
Note Purchase AgreementPaying Agent Agreement • March 20th, 2012 • Essex Property Trust Inc • Real estate investment trusts • New York
Essex Portfolio, L.P., a California limited partnership (the “Company”), and Essex Property Trust, Inc., a Maryland corporation operating as a real estate investment trust (the “Parent Guarantor”, the Parent Guarantor and the Company being herein sometimes collectively referred to as the “Obligors”), jointly and severally, agree with each of the purchasers whose names appear at the end hereof (each, a “Purchaser” and, collectively, the “Purchasers”) as follows:
Essex Portfolio, L.P. Essex Property Trust, Inc. Registration Rights AgreementRegistration Rights Agreement • January 26th, 2006 • Essex Property Trust Inc • Real estate investment trusts • New York
This Registration Rights Agreement (the “Agreement”) is made and entered into as of October 28, 2005, by and among Essex Portfolio, L.P., a California limited partnership (the “Operating Partnership”), Essex Property Trust, Inc., a Maryland corporation (the “Company”), and UBS Securities LLC and Bear, Stearns & Co. Inc. (collectively, the “Initial Purchasers”) pursuant to that certain Purchase Agreement, dated October 25, 2005 (the “Purchase Agreement”), among the Operating Partnership, the Company and the Initial Purchasers. The obligations of the Operating Partnership under the Notes and the Indenture will be fully and unconditionally guaranteed on a senior unsecured basis by the Company pursuant to the terms of the Indenture (the “Guarantee”). References herein to the Notes shall be deemed to include the Guarantee thereon.
AGREEMENTAgreement • March 31st, 2003 • Essex Property Trust Inc • Real estate investment trusts • California
THIS AGREEMENT (this "Agreement") is hereby made and entered into as of the 27th day of March 2003, by and between George M. Marcus ("Marcus"), for both himself and his Affiliated Companies (as defined in the Termination Agreement (as defined below)) and Essex Property Trust, Inc., a Maryland corporation ("Essex"), and its Affiliated Companies.
SERIES F CUMULATIVE REDEEMABLE PREFERRED STOCK PURCHASE AGREEMENT DATED AS OF SEPTEMBER 18, 2003 among ESSEX PROPERTY TRUST, INC. and THE PURCHASER SIGNATORY HERETOCumulative Redeemable Preferred Stock Purchase Agreement • September 19th, 2003 • Essex Property Trust Inc • Real estate investment trusts • California
FIFTEENTH AMENDMENT TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ESSEX PORTFOLIO, L.P. Dated as of February 26, 2008Essex Property Trust Inc • March 3rd, 2008 • Real estate investment trusts
This Fifteenth Amendment, dated as of the date shown above (the “Amendment”), is executed by Essex Property Trust, Inc. a Maryland Corporation (the “Company”), as the General Partner and on behalf of and as attorney in fact for the existing Limited Partners of Essex Portfolio, L.P., a California limited partnership (the “Partnership”), for the purpose of amending the First Amended and Restated Agreement of Limited Partnership of Essex Portfolio, L.P., dated September 30, 1997 (the “Partnership Agreement”).
THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • May 17th, 2004 • Essex Property Trust Inc • Real estate investment trusts • California
This THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of April 30, 2004 (this "Agreement"), is among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), the several financial institutions from time to time party to this Agreement (collectively, the "Lenders" and individually, a "Lender"), and BANK OF AMERICA, N.A., as administrative agent for the Lenders (in such capacity, "Administrative Agent") and as Swing Line Lender and L/C Issuer, UNION BANK OF CALIFORNIA, N.A., as co-syndication agent, BANK ONE, NA, as co-syndication agent, KEYBANK NATIONAL ASSOCIATION, as managing agent, and PNC BANK, NATIONAL ASSOCIATION, as managing agent.
ESSEX PROPERTY TRUST, INC. 777 California Avenue Palo Alto, CA 94304Essex Property Trust Inc • November 13th, 1996 • Real estate investment trusts
Essex Portfolio, L.P. $150,000,000 4.36% Senior Guaranteed Notes, due March 31, 2016 Note Purchase Agreement Dated as of March 31, 2011Guaranty Agreement • April 1st, 2011 • Essex Property Trust Inc • Real estate investment trusts • New York
Essex Portfolio, L.P., a California limited partnership (the "Company"), and Essex Property Trust, Inc., a Maryland corporation operating as a real estate investment trust (the "Parent Guarantor", the Parent Guarantor and the Company being herein sometimes collectively referred to as the "Obligors"), jointly and severally, agree with each of the purchasers whose names appear at the end hereof (each, a "Purchaser" and, collectively, the "Purchasers") as follows:
ESSEX PROPERTY TRUST, INC. ESSEX PORTFOLIO L.P. 2015 LONG-TERM INCENTIVE PLAN AWARD AGREEMENTAward Agreement • March 2nd, 2015 • Essex Property Trust Inc • Real estate investment trusts • California
SIXTEENTH AMENDMENT TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ESSEX PORTFOLIO, L.P. Dated as of April 7, 2009Essex Property Trust Inc • April 8th, 2009 • Real estate investment trusts
This Sixteenth Amendment, dated as of the date shown above (this “Amendment”), is executed by Essex Property Trust, Inc. a Maryland corporation (the “Company”), as the General Partner and as attorney-in-fact for all Limited Partners of Essex Portfolio, L.P., a California limited partnership (the “Partnership”), for the purpose of amending the First Amended and Restated Agreement of Limited Partnership of Essex Portfolio, L.P., dated September 30, 1997 (the “Partnership Agreement”).
THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ESSEX PORTFOLIO, L.P. Dated as of December 4, 2012Essex Property Trust Inc • December 10th, 2012 • Real estate investment trusts
This Third Amendment to the Second Amended and Restated Agreement of Limited Partnership of Essex Portfolio, L.P., as amended (as amended, the “Partnership Agreement”), dated as of the date shown above (the “Amendment”), is executed by Essex Property Trust, Inc., a Maryland corporation (the “General Partner”), as the General Partner and as attorney-in-fact for all existing Limited Partners of Essex Portfolio, L.P. (the “Partnership”).
THIRD MODIFICATION AGREEMENTThird Modification Agreement • January 31st, 2014 • Essex Property Trust Inc • Real estate investment trusts • California
This Third Modification Agreement ("Agreement") is made as of January 29, 2014, by and among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent ("Agent"), under the Loan Agreement described below, U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a Lender ("U.S. Bank"), and each of the other Lenders set forth on the signature pages hereof (and together with any other bank that becomes a party to the Loan Agreement in the future, collectively, "Lenders").
FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • August 6th, 2012 • Essex Property Trust Inc • Real estate investment trusts • California
THIS FIRST AMENDMENT TO AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this "First Amendment") is made as of May 31, 2012 (the "Effective Date"), by and among ESSEX PORTFOLIO, L.P., a California limited partnership ("Borrower"), the lenders which are parties hereto (collectively, "Lenders") and PNC BANK, NATIONAL ASSOCIATION, as administrative agent under the Credit Agreement (in such capacity, "Administrative Agent") and L/C Issuer.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 15th, 2012 • Essex Property Trust Inc • Real estate investment trusts • New York
This REGISTRATION RIGHTS AGREEMENT dated as of August 15, 2012 (the “Agreement”) is entered into by and among Essex Portfolio, L.P., a California limited partnership (the “Operating Partnership”), Essex Property Trust, Inc., a Maryland corporation (the “Guarantor”), and Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Wells Fargo Securities, LLC as representatives (the “Representatives”) of the several initial purchasers (the “Initial Purchasers”).
TENTH AMENDMENT TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ESSEX PORTFOLIO, L.P.Agreement • March 15th, 2004 • Essex Property Trust Inc • Real estate investment trusts
THIS TENTH AMENDMENT TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ESSEX PORTFOLIO, L.P., AS AMENDED (as amended, the "Partnership Agreement"), dated as of January 8, 2004 (this "Amendment"), is executed by Essex Property Trust, Inc. a Maryland corporation (the "Company"), as the General Partner and on behalf of the existing Limited Partners of Essex Portfolio, L.P. (the "Partnership"), a California limited partnership, and Belmar Realty Corporation, a Delaware corporation ("Belmar" and the "Series D Preferred Partner"). Capitalized terms used herein but not defined herein shall have the definitions ascribed to such terms in the Partnership Agreement.
