DEERFIELD TRIARC CAPITAL LLC Junior Subordinated Note due 2035Deerfield Triarc Capital Corp • November 14th, 2005 • Real estate investment trusts
Deerfield Triarc Capital LLC, a limited liability company organized and existing under the laws of Delaware (hereinafter called the “Company,” which term includes any successor Person under the Indenture hereinafter referred to), for value received, hereby promises to pay to JPMorgan Chase Bank, National Association, not in its individual capacity, but solely as Property Trustee for Deerfield Triarc Capital Trust I, or registered assigns, the principal sum of Fifty One Million Five Hundred Fifty Thousand Dollars ($51,500,000) on October 30, 2035. The Company further promises to pay interest on said principal sum from September 29, 2005, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, quarterly in arrears on January 30, April 30, July 30 and October 30 of each year, commencing October 30, 2005, or if any such day is not a Business Day, on the next succeeding Business Day (and no interest shall accrue in respect of the amounts whose pay
JUNIOR SUBORDINATED NOTE PURCHASE AGREEMENTJunior Subordinated Note Purchase Agreement • November 14th, 2005 • Deerfield Triarc Capital Corp • Real estate investment trusts • New York
JUNIOR SUBORDINATED NOTE PURCHASE AGREEMENT, dated as of September 29, 2005 (this “Agreement”), between Deerfield Triarc Capital LLC, a Delaware limited liability company (the “Company”), and Deerfield Triarc Capital Trust I, a statutory trust created under the laws of the State of Delaware (the “Trust”), relating to the Junior Subordinated Notes due October 30, 2035 (the “Junior Subordinated Notes”), issuable pursuant to an Indenture, dated as of September 29, 2005 (the “Indenture”), between the Company and JPMorgan Chase Bank, National Association, as Indenture Trustee. Capitalized terms used herein and not otherwise defined herein have the respective meanings ascribed thereto in the Purchase Agreement (as defined below).
