AMENDED AND RESTATED TRUST AGREEMENT among DEERFIELD TRIARC CAPITAL LLC, as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • October 4th, 2005 • Deerfield Triarc Capital Corp • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 29, 2005, among (i) Deerfield Triarc Capital LLC, a Delaware limited liability company (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Robert E. Armour, an individual, and Robert C. Grien, an individual, each of whose address is c/o Deerfield Triarc Capital Corp., 8700 West Bryn Mawr, 12th Floor, Chicago, IL 60631, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE between DEERFIELD TRIARC CAPITAL LLC and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of September 29, 2005Deerfield Triarc Capital Corp • October 4th, 2005 • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTURE, dated as of September 29, 2005, between DEERFIELD TRIARC CAPITAL LLC, a Delaware limited liability company (the “Company”), and JPMORGAN CHASE BANK, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
PARENT GUARANTEE AGREEMENT between DEERFIELD TRIARC CAPITAL CORP. as Parent Guarantor, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Guarantee Trustee Dated as of September 29, 2005 DEERFIELD TRIARC CAPITAL LLCParent Guarantee Agreement • October 4th, 2005 • Deerfield Triarc Capital Corp • Real estate investment trusts • New York
This PARENT GUARANTEE AGREEMENT, dated as of September 29, 2005, executed and delivered by Deerfield Triarc Capital Corp. (the “Parent Guarantor”) having its principal office at 8700 West Bryn Mawr, 12th Floor, Chicago, Illinois 60631, and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Trust (as defined herein), the Holders (as defined herein) and the Note Holders (as defined herein) from time to time of the Notes (as defined herein) of Deerfield Triarc Capital LLC, a Delaware limited liability company (the “Company”).
PURCHASE AGREEMENT among DEERFIELD TRIARC CAPITAL CORP. DEERFIELD TRIARC CAPITAL LLC DEERFIELD TRIARC CAPITAL TRUST I and TABERNA PREFERRED FUNDING III, LTD. Dated as of September 29, 2005Purchase Agreement • October 4th, 2005 • Deerfield Triarc Capital Corp • Real estate investment trusts • New York
THIS PURCHASE AGREEMENT, dated as of September 29, 2005 (this “Purchase Agreement”), is entered into among Deerfield Triarc Capital Corp., a Maryland corporation (the “Guarantor”), Deerfield Triarc Capital LLC, a Delaware limited liability company (the “Company”), and Deerfield Triarc Capital Trust I, a Delaware statutory trust (the “Trust”, and together with the Guarantor and the Company, the “Sellers”), and Taberna Preferred Funding III, Ltd. or its assignee (the “Purchaser”).
