AMENDED AND RESTATED TRUST AGREEMENT among BRESLER & REINER, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • March 31st, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 29, 2005, among (i) Bresler & Reiner, Inc., a Delaware corporation (including any successors or permitted assigns, the "Depositor"), (ii) JPMorgan Chase Bank, National 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) Sidney M. Bresler, an individual, and Darryl M. Edelstein, an individual, each of whose address is c/o Bresler & Reiner, Inc., 11200 Rockville Pike, Suite 502, Rockville, MD 20852 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 BRESLER & REINER, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as TrusteeBresler & Reiner Inc • March 31st, 2006 • Operators of apartment buildings • New York
JUNIOR SUBORDINATED INDENTURE, dated as of November 29, 2005, between Bresler & Reiner, Inc. a Corporation corporation (the "Company"), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking corporation, as Trustee (in such capacity, the "Trustee").
PURCHASE AGREEMENT among Bresler & Reiner, Inc. Bresler & Reiner Statutory Trust I and Merrill Lynch InternationalPurchase Agreement • March 31st, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • New York
In rendering such opinions, such counsel may (A) state that its opinion is limited to the laws of the State of Delaware, (B) rely as to matters of fact, to the extent deemed proper, on certificates of responsible officers of the Company and public officials and (C) take customary assumptions and exceptions as to enforceability and other matters.
