JUNIOR SUBORDINATED INDENTURE between CRYSTAL RIVER CAPITAL, INC. and THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION as Trustee Dated as of March 20, 2007Crystal River Capital, Inc. • May 15th, 2007 • Real estate investment trusts • New York
Junior Subordinated Indenture, dated as of March 20, 2007, between Crystal River Capital, Inc., a Maryland corporation (the “Company”), and The Bank of New York Trust Company, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
AMENDED AND RESTATED TRUST AGREEMENT among CRYSTAL RIVER CAPITAL, INC., AS DEPOSITOR THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION AS PROPERTY TRUSTEE THE BANK OF NEW YORK (DELAWARE), AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES...Trust Agreement • May 15th, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • Delaware
This Amended And Restated Trust Agreement, dated as of March 20, 2007, among (i) Crystal River Capital, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Clifford E. Lai, an individual, and Jonathan C. Tyras, an individual, each of whose address is c/o Crystal River Capital, Inc., Three World Financial Center, 200 Vesey Street, 10th Floor, New York, New York 10281, 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.
PARTIAL ASSIGNMENT AGREEMENTPartial Assignment Agreement • May 15th, 2007 • Crystal River Capital, Inc. • Real estate investment trusts
This PARTIAL ASSIGNMENT AGREEMENT, dated as of March 19, 2007, is made by and between CRZ PHOENIX I LLC, a Delaware limited liability company (“Assignor”), and CRZ HOUSTON I LP, a Delaware limited partnership (“Assignee”).
AGREEMENT OF PURCHASE AND SALE by and between BREOF BNK FANNIN LP and BREOF BNK PHOENIX LLC, collectively as Seller, and CRZ PHOENIX I LLC, a Delaware limited liability company, as BuyerLetter Agreement • May 15th, 2007 • Crystal River Capital, Inc. • Real estate investment trusts • New York
THIS AGREEMENT OF PURCHASE AND SALE is made and entered into as of February 16, 2007, by and between BREOF BNK FANNIN LP, a Delaware limited partnership (“BREOF Fannin”) and BREOF BNK PHOENIX LLC, a Delaware limited liability company (“BREOF Phoenix”) (BREOF Fannin and BREOF Phoenix are collectively referred to herein as “Seller”), and CRZ PHOENIX I LLC, a Delaware limited liability company (“Buyer”).
