PERFORMANCE GUARANTEE AGREEMENTPerformance Guarantee Agreement • January 19th, 2011 • Brookfield Retail Holdings LLC • Real estate investment trusts
This Performance Guarantee Agreement (“Guarantee”) is a continuing guarantee for all Obligations created or arising from the performance or non-performance by Brookfield under the terms of the Agreement before termination, whether any such Obligations may be known to Fairholme Fund before or at the time of termination, or discovered subsequent to termination and shall apply to such Obligations until otherwise performed in full. Termination shall occur on the earlier of (i) Fairholme Fund providing to BAM written notice that all Obligations have been performed by Brookfield or BAM; or (ii) any other date mutually agreeable to the parties and confirmed in writing. For greater certainty, the termination of this Guarantee shall not release Brookfield from any of its Obligations outstanding at the time of termination until such Obligations are performed in full, as may be required.
SHARE PURCHASE AGREEMENTShare Purchase Agreement • January 19th, 2011 • Brookfield Retail Holdings LLC • Real estate investment trusts • Ontario
a company incorporated under the laws of Bermuda and an indirect wholly-owned subsidiary of Brookfield Asset Management Inc.
