0001116679-07-001009 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between LEXINGTON REALTY TRUST and THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee Dated as of March 21, 2007
Indenture • March 27th, 2007 • Lexington Realty Trust • Real estate investment trusts • New York

JUNIOR SUBORDINATED INDENTURE, dated as of March 21, 2007, between LEXINGTON REALTY TRUST, a Maryland real estate investment trust (the “Company”), and THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as Trustee (in such capacity, the “Trustee”).

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PURCHASE AGREEMENT among LEXINGTON REALTY TRUST, LXP CAPITAL TRUST I and MERRILL LYNCH INTERNATIONAL Dated as of March 21, 2007
Purchase Agreement • March 27th, 2007 • Lexington Realty Trust • Real estate investment trusts • New York

THIS PURCHASE AGREEMENT, dated as of March 21, 2007 (this “Purchase Agreement”), is entered into among Lexington Realty Trust, a Maryland real estate investment trust (the “Company”), and LXP Capital Trust I, a Delaware statutory trust (the “Trust”, and together with the Company, the “Sellers”), on the one hand, and Merrill Lynch International or its assignee (the “Purchaser”), on the other hand.

AMENDED AND RESTATED TRUST AGREEMENT among LEXINGTON REALTY TRUST, 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 NAMED...
Amended and Restated Trust Agreement • March 27th, 2007 • Lexington Realty Trust • Real estate investment trusts • Delaware

THE PREFERRED SECURITIES WILL BE ISSUED AND MAY BE TRANSFERRED ONLY IN BLOCKS HAVING AN AGGREGATE LIQUIDATION AMOUNT OF NOT LESS THAN $100,000. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ATTEMPTED TRANSFER OF PREFERRED SECURITIES, OR ANY INTEREST THEREIN, IN A BLOCK HAVING AN AGGREGATE LIQUIDATION AMOUNT OF LESS THAN $100,000 AND MULTIPLES OF $1,000 IN EXCESS THEREOF SHALL BE DEEMED TO BE VOID AND OF NO LEGAL EFFECT WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY SUCH PURPORTED TRANSFEREE SHALL BE DEEMED NOT TO BE THE HOLDER OF SUCH PREFERRED SECURITIES FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF ANY LIQUIDATION AMOUNT OF OR DISTRIBUTION ON SUCH PREFERRED SECURITIES, OR ANY INTEREST THEREIN, AND SUCH PURPORTED TRANSFEREE SHALL BE DEEMED TO HAVE NO INTEREST WHATSOEVER IN SUCH PREFERRED SECURITIES.

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