THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 18, 2009, Among GRUBB & ELLIS COMPANY, as the Borrower, THE GUARANTORS NAMED HEREIN, as Guarantors, THE LENDERS NAMED HEREIN, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Syndication Agent,...Credit Agreement • May 27th, 2009 • Grubb & Ellis Co • Real estate agents & managers (for others) • New York
THIRD AMENDED AND RESTATED CREDIT AGREEMENT dated as of May 18, 2009 among GRUBB & ELLIS COMPANY, a Delaware corporation (the “Borrower”), the Guarantors (as hereinafter defined), the Lenders (as hereinafter defined), DEUTSCHE BANK SECURITIES INC., as sole book-running manager and sole lead arranger (the “Lead Arranger”), and DEUTSCHE BANK TRUST COMPANY AMERICAS (“DBTCA”), as the initial issuer of Letters of Credit (as hereinafter defined) (in such capacity, the “Initial Issuing Bank”) and administrative agent (together with any successors appointed pursuant to Article VII, the “Administrative Agent”) for the Lender Parties (as hereinafter defined).
THIRD AMENDED AND RESTATED SECURITY AGREEMENT Dated May 18, 2009 From The Grantors referred to herein as Grantors to DEUTSCHE BANK TRUST COMPANY AMERICAS, as Administrative AgentSecurity Agreement • May 27th, 2009 • Grubb & Ellis Co • Real estate agents & managers (for others) • New York
THIRD AMENDED AND RESTATED SECURITY AGREEMENT dated May 18, 2009 made by GRUBB & ELLIS COMPANY, a Delaware corporation (the “Borrower”), the other Persons listed on the signature pages hereof and the Additional Grantors (as defined in Section 25) (the Borrower, the Persons so listed and the Additional Grantors being, collectively, the “Grantors”), to DEUTSCHE BANK TRUST COMPANY AMERICAS, as administrative agent (in such capacity, together with any successor administrative agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined), the “Administrative Agent”) for the Secured Parties (as defined in the Credit Agreement).
WARRANT AGREEMENT Dated as of May 18, 2009 by and between Grubb & Ellis Company and Deutsche Bank Trust Company Americas Fifth Third Bank JPMorgan Chase, N.A. KeyBank National AssociationWarrant Agreement • May 27th, 2009 • Grubb & Ellis Co • Real estate agents & managers (for others) • New York
WHEREAS, the Company is issuing the Warrants in accordance with that certain Third Amended and Restated Credit Agreement, dated as of the date hereof (the “Credit Facility”), by and among Company, the guarantors named therein, the lenders named therein, Deutsche Bank Trust Company Americas, as syndication agent, Deutsche Bank Securities Inc., as sole book-running manager and sole lead arranger, and Deutsche Bank Trust Company Americas, as initial issuing bank, swing line bank and administrative agent; and
