LOAN AGREEMENT Dated as of February 18, 2004 by and among ARC COMMUNITIES 9 LLC as Borrower, and MERRILL LYNCH MORTGAGE LENDING, INC.Loan Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • New York
THIS LOAN AGREEMENT, made as of February , 2004, is by and among ARC COMMUNITIES 9 LLC, a Delaware limited liability company, having an address at 600 Grant Street, Suite 900, Denver, Colorado 80203 (“Borrower”), and MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation, having an address at Four World Financial Center, 16th Floor, 250 Vesey Street, New York, New York 10080 (together with its successors and assigns, whether one or more, “Lender”).
SEVERANCE AND NONCOMPETE AGREEMENTSeverance Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • Colorado
SEVERANCE AGREEMENT (this "Agreement") made this 18 day of February, 2004, by and among Affordable Residential Communities Inc., a Maryland corporation (the "Company") and ARC Management Services, Inc., a Delaware corporation ("ARC Management") and Lawrence E. Kreider ("Executive").
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • Colorado
EMPLOYMENT AGREEMENT (this "Agreement") made this 18 day of February, 2004, by and among Affordable Residential Communities Inc., a Maryland corporation (the "Company") and ARC Management Services, Inc., a Delaware corporation ("ARC Management") and Scott D. Jackson ("Executive").
THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT by and among AFFORDABLE RESIDENTIAL COMMUNITIES INC. and The parties listed on Exhibit A, Exhibit B, Exhibit C and Exhibit D heretoRegistration Rights Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • New York
THIS THIRD AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of February 18, 2004 is by and among Affordable Residential Communities Inc., a Maryland corporation (the “Company”) and the parties listed on Exhibit A (the “Subscribers”), Exhibit B (the “Original Investors”), Exhibit C (the “Reorganization Shareholders”) and Exhibit D (the “Partnership Unit Holders”) hereto, as amended from time to time. Capitalized terms used but not otherwise defined herein have the meanings set forth in Section 1 hereof.
FIRST AMENDED AND RESTATED PAIRING AGREEMENTPairing Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • Maryland
THIS FIRST AMENDED AND RESTATED PAIRING AGREEMENT (this "Agreement") is made and entered into as of February 12, 2004, by and between Affordable Residential Communities Inc., a Maryland corporation (the "REIT"), and Affordable Residential Communities LP, a Delaware limited partnership (the "OP").
FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AFFORDABLE RESIDENTIAL COMMUNITIES LP a Delaware limited partnershipAffordable Residential Communities Inc • March 30th, 2004 • Real estate investment trusts • Delaware
THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AFFORDABLE RESIDENTIAL COMMUNITIES LP, dated as of February 11, 2004 is entered into by and among Affordable Residential Communities Inc. (formerly known as ARC IV REIT, Inc.), a Maryland corporation (the “General Partner”) and the limited partners listed on Exhibit A hereto (each a “Limited Partner”).
125,000,000 CREDIT AGREEMENT Dated as of February 18, 2004 among AFFORDABLE RESIDENTIAL COMMUNITIES LP, as Borrower, AFFORDABLE RESIDENTIAL COMMUNITIES INC., as Parent Guarantor, THE SUBSIDIARY GUARANTORS NAMED HEREIN, as Subsidiary Guarantors, THE...Credit Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • New York
The Applicable Margin for each Base Rate Advance shall be determined by reference to the Leverage Ratio in effect from time to time and the Applicable Margin for any Interest Period for all Eurodollar Rate Advances comprising part of the same Borrowing shall be determined by reference to the Leverage Ratio in effect on the first day of such Interest Period; provided, however, that (a) no change in the Applicable Margin resulting from the Leverage Ratio shall be effective until three Business Days after the date on which the Administrative Agent receives (x) the financial statements required to be delivered pursuant to Section 5.03(b) or (c), as the case may be, and (y) a certificate of the Chief Financial Officer of the Borrower demonstrating the Leverage Ratio, and (b) the Applicable Margin shall be at Pricing Level I for so long as the Borrower has not submitted to the Administrative Agent as and when required under Section 5.03(b) or (c), as applicable, the information described in
MASTER REPURCHASE AGREEMENT Between: Merrill Lynch Mortgage Capital Inc., as Buyer and Enspire Finance, LLC, as Seller Dated as of February 18, 2004Master Repurchase Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • New York
This is a MASTER REPURCHASE AGREEMENT, dated as of February 18, 2004, between ENSPIRE FINANCE, LLC, a Delaware limited liability company (the "Seller") and MERRILL LYNCH MORTGAGE CAPITAL INC., a New York corporation (the "Buyer").
SECOND AMENDED AND RESTATED SUPPLEMENTAL STOCKHOLDERS AGREEMENT Dated as of February 18, 2004 By and Among THOMAS H. LEE EQUITY FUND IV, L.P., THOMAS H. LEE FOREIGN FUND IV, L.P., THOMAS H. LEE FOREIGN FUND IV-B, L.P., THOMAS H. LEE CHARITABLE...Supplemental Stockholders Agreement • March 30th, 2004 • Affordable Residential Communities Inc • Real estate investment trusts • Maryland
SECOND AMENDED AND RESTATED SUPPLEMENTAL STOCKHOLDERS AGREEMENT (this “Agreement”), dated as of February 18, 2004, by and among Thomas H. Lee Equity Fund IV, L.P. (“Equity Fund”), Thomas H. Lee Foreign Fund IV, L.P. (“Foreign Fund #1”), Thomas H. Lee Foreign Fund IV-B, L.P. (“Foreign Fund #2”), Thomas H. Lee Charitable Investment L.P. (“Charitable Partnership”), Thomas H. Lee Limited Partnership (“THL Partnership,” and together with Equity Fund, Foreign Fund #1, Foreign Fund #2 and Charitable Partnership, “THL”), Capital ARC Holdings, LLC f/k/a UBS Capital ARC Holdings, LLC (“UBS”), Nassau Capital Funds L.P. (“Nassau Funds”), Nassau Capital Partners II L.P. (“Nassau Partners”), NAS Partners I L.L.C. (“NAS” and, together with Nassau Funds and Nassau Partners, “Nassau”) and the individuals listed on the signature pages hereto (collectively, “Management”). The parties hereto and any other Person who shall hereafter acquire shares of Common Stock (as defined herein) or Other Voting Securit
