GRUBB & ELLIS COMPANY as Issuer AND U.S. Bank National Association as Trustee Indenture Dated as of May 7, 2010 7.95% Convertible Senior Securities due 2015Indenture • May 7th, 2010 • Grubb & Ellis Co • Real estate agents & managers (for others) • New York
INDENTURE, dated as of May 7, 2010, between Grubb & Ellis Company, a corporation duly organized and existing under the laws of the State of Delaware (herein called the “Company”), having its principal office as of the date hereof at 1551 North Tustin Avenue, Santa Ana, CA 92705, and U.S. Bank National Association, a national banking association, as Trustee (herein called the “Trustee”).
REGISTRATION RIGHTS AGREEMENT dated as of May 7, 2010 between Grubb & Ellis Company and JMP Securities LLC, as Initial PurchaserRegistration Rights Agreement • May 7th, 2010 • Grubb & Ellis Co • Real estate agents & managers (for others) • New York
REGISTRATION RIGHTS AGREEMENT dated as of May 7, 2010 between Grubb & Ellis Company, a Delaware corporation (the “Company”), and JMP Securities LLC, as initial purchaser (the “Initial Purchaser”) to the Purchase Agreement dated as of May3, 2010 (the “Purchase Agreement”) with the Company. In order to induce the Initial Purchaser to enter into the Purchase Agreement, the Company has agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
