INDEMNIFICATION AGREEMENTIndemnification Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the ___ day of __________, 20__, by and between Forest City Realty Trust, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).
January 1, 2016 David J. LaRue Forest City Employer, LLC 50 Public Square Terminal Tower, Suite 1100 Cleveland, Ohio 44113 Re: Employment Agreement Dear David:General Release • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Ohio
This letter is to affirm our intent to have you serve as an employee of Forest City Employer, LLC (the “Company”) effective as of January 1, 2016 (the “Effective Date”). The following letter agreement (the “Agreement”) outlines the terms and conditions of your employment.
FOREST CITY ENTERPRISES, INC., FOREST CITY REALTY TRUST, INC., AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of November 20, 2015 TO INDENTURE Dated as of October 26, 2009 5.00% Convertible...Forest City • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • New York
This SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 20, 2015, among Forest City Enterprises, Inc., an Ohio corporation (“Forest City”), Forest City Realty Trust, Inc., a Maryland corporation and wholly-owned subsidiary of Forest City (“Forest City REIT”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee under the Indenture referred to below (the “Trustee”). Capitalized terms used herein and not defined shall have the meanings set forth in the Indenture.
AGREEMENTAgreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings
THIS AGREEMENT MADE AND ENTERED INTO as of this 1st day of January, 2016 (the “Effective Date”), by and between FOREST CITY EMPLOYER, LLC of Terminal Tower, 50 Public Square, Suite 1100, Cleveland, Ohio 44113-2267, hereinafter referred to as “Company”, and JAMES A. RATNER (“Employee”).
FOREST CITY REALTY TRUST, INC. STOCK OPTION AGREEMENTStock Option Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Maryland
THIS AGREEMENT, effective as of __________ by and between FOREST CITY REALTY TRUST, INC. (the “Company”) and _________, an employee of the Company or a Subsidiary (the “Grantee”). All capitalized terms have the meanings set forth in the Forest City Realty Trust, Inc. 1994 Stock Plan (the “Plan”) unless otherwise specifically provided.
FOREST CITY REALTY TRUST, INC. PERFORMANCE SHARES AGREEMENTForest City Realty • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Maryland
WHEREAS, the grant of Performance Shares was authorized by a resolution of the Compensation Committee (the “Committee”) of the Board of Directors of the Company that was duly adopted on ___________ (the “Date of Grant”), and the execution of a Performance Shares Agreement substantially in the form hereof (this “Agreement”) to evidence such grant was authorized by a resolution of the Committee that was duly adopted on the Date of Grant; and
FOREST CITY REALTY TRUST, INC. RESTRICTED SHARES AGREEMENTRestricted Shares Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Maryland
THIS RESTRICTED SHARES AGREEMENT (this “Agreement”) effective as of _____________ is made by and between Forest City Realty Trust, Inc. (the “Company”), and _________, the Grantee (the “Grantee”). All capitalized terms have the meanings set forth in the Forest City Realty Trust, Inc. 1994 Stock Plan (the “Plan”) unless otherwise specifically provided.
AGREEMENTAgreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings
THIS AGREEMENT MADE AND ENTERED INTO as of this 1st day of January, 2016 (the “Effective Date”), by and between FOREST CITY EMPLOYER, LLC, of Terminal Tower, 50 Public Square, Suite 1100, Cleveland, Ohio 44113-2267, hereinafter referred to as “Company”, and ROBERT G. O’BRIEN, hereinafter referred to as “Employee”.
FIRST AMENDMENT TO FOREST CITY 401(K) EMPLOYEE SAVINGS PLAN & TRUSTForest City Enterprises Inc • November 23rd, 2015 • Operators of nonresidential buildings
The Forest City 401(k) Employee Savings Plan & Trust, originally effective as of May 1, 1992, as presently maintained under an amendment
FOREST CITY ENTERPRISES, INC., FOREST CITY REALTY TRUST, INC., AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of November 20, 2015 TO INDENTURE Dated as of July 19, 2013 3.625% Convertible Senior...Indenture • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • New York
This FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 20, 2015, among Forest City Enterprises, Inc., an Ohio corporation (“Forest City”), Forest City Realty Trust, Inc., a Maryland corporation and wholly-owned subsidiary of Forest City (“Forest City REIT”), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee under the Indenture referred to below (the “Trustee”). Capitalized terms used herein and not defined shall have the meanings set forth in the Indenture.
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Maryland
This Assignment and Assumption Agreement (this “Agreement”) is made as of December 31, 2015 (the “Effective Date”), by and between Forest City Enterprises, Inc. (“Assignor”) and Forest City Realty Trust, Inc. (“Assignee”).
CREDIT AGREEMENT Dated as of November 17, 2015 amongCredit Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • New York
This CREDIT AGREEMENT (as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of November 17, 2015, among FOREST CITY ENTERPRISES, INC., an Ohio corporation, certain affiliates of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A. (together with its successors, “Bank of America”), as Administrative Agent, and Bank of America and PNC BANK, NATIONAL ASSOCIATION (together with its successors, “PNC”), as Swing Line Lenders and L/C Issuers.
AGREEMENTAgreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings
THIS AGREEMENT MADE AND ENTERED INTO as of this 1st day of January, 2016 (the “Effective Date”), by and between FOREST CITY EMPLOYER, LLC, of Terminal Tower, 50 Public Square, Suite 1100, Cleveland, Ohio 44113-2267, hereinafter referred to as “Company”, and DAVID J. LaRUE, hereinafter referred to as “Employee”.
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • November 23rd, 2015 • Forest City Enterprises Inc • Operators of nonresidential buildings • Delaware
This Assignment and Assumption Agreement (this “Agreement”) is made as of December 31, 2015 (the “Effective Date”), by and between Forest City Enterprises, Inc. (“Assignor”) and Forest City Employer, LLC (“Assignee”).
