AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • August 11th, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 31, 2006, 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 TrusteeIndenture • August 11th, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • New York
JUNIOR SUBORDINATED INDENTURE, dated as of May 31, 2006, between Bresler & Reiner, Inc., a Delaware corporation (the “Company”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking corporation, as Trustee (in such capacity, the “Trustee”).
PURCHASE AGREEMENTPurchase Agreement • August 11th, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • New York
COMMON SECURITIES SUBSCRIPTION AGREEMENTCommon Securities Subscription Agreement • August 11th, 2006 • Bresler & Reiner Inc • Operators of apartment buildings • New York
COMMON SECURITIES SUBSCRIPTION AGREEMENT, dated as of May 31, 2006 (this “Agreement”), between Bresler & Reiner Statutory Trust II, a statutory trust created under the laws of the State of Delaware (the “Trust”), and Bresler & Reiner, Inc., a Delaware corporation (the “Buyer”), relating to the Trust’s common securities (liquidation amount of $1,000 per security) representing undivided beneficial interests in the assets of the Trust (the “Common Securities”). Capitalized terms used herein and not otherwise defined herein have the respective meanings ascribed thereto in the Purchase Agreements (as defined below).
