REAL ESTATE SUBLEASE BETWEEN FRUCTIBAIL INVEST, Sublandlord and THE BANK OF NEW YORK, Subtenant Dated February 27, 2006Bank of New York Co Inc • March 1st, 2006 • State commercial banks • New York
If Sublandlord or Subtenant shall be in default beyond any applicable grace periods under this Real Estate Sublease, Sublandlord or Subtenant, as the case may be, may make or cause to be made, any expenditure or incur any obligation for the payment of money, including, without limitation, reasonable attorneys’ fees and disbursements in instituting, prosecuting or defending any action or proceeding, and the cost thereof, shall be deemed to be additional rent hereunder and shall be paid by Subtenant to Sublandlord or Sublandlord to Subtenant, as the case may be, no later than twenty (20) days following the rendition of any bill or statement to Subtenant or Sublandlord, as the case may be, therefor and if the term of this Real Estate Sublease shall have expired at the time of the making of such expenditures or the incurring of such obligations, such sums shall be recoverable by Sublandlord or Subtenant, as the case may be, as damages. Amounts payable by Sublandlord or Subtenant pursuant t
MASTER AGREEMENT Dated as of July 16, 2004 among THE BANK OF NEW YORK COMPANY, INC., as Guarantor, TENNESSEE PROCESSING CENTER LLC, as Construction Agent and as Lessee, SUNTRUST EQUITY FUNDING, LLC, as Lessor, CERTAIN FINANCIAL INSTITUTIONS PARTIES...Master Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks • New York
THIS MASTER AGREEMENT, dated as of July 16, 2004 (as it may be amended or modified from time to time in accordance with the provisions hereof, this “Master Agreement”), is among THE BANK OF NEW YORK COMPANY, INC., a New York corporation (the “Guarantor”), TENNESSEE PROCESSING CENTER LLC, a Delaware limited liability company (“TPC”), as Construction Agent and as Lessee, SUNTRUST EQUITY FUNDING, LLC, a Delaware limited liability company (the “Lessor”), certain financial institutions parties hereto as lenders (together with any other financial institution that becomes a party hereto as a lender, collectively referred to as “Lenders” and individually as a “Lender”), SUNTRUST BANK, a Georgia banking corporation, as agent for the Lenders (in such capacity, the “Agent”), THE BANK OF TOKYO-MITSUBISHI, LTD, a bank organized under the laws of Japan, acting through its NEW YORK BRANCH, as syndication agent (in such capacity, the “Syndication Agent”), and BNP PARIBAS LEASING CORPORATION, a Delawar
REAL ESTATE SUBLEASE WAIVER AGREEMENTReal Estate Sublease Waiver Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks • New York
Reference is made to the Real Estate Sublease (the “Real Estate Sublease”) by and between Sublandlord, as sublandlord, and Subtenant, as subtenant, and the Real Estate Lease (the “Real Estate Lease”) of even date herewith by and between 4101 Austin Boulevard Corp. (“Landlord”), as Landlord, and Sublandlord, as tenant (“Tenant”).
REAL ESTATE LEASE BETWEEN 4101 AUSTIN BOULEVARD CORP., Landlord and FRUCTIBAIL INVEST, TenantReal Estate Lease • March 1st, 2006 • Bank of New York Co Inc • State commercial banks • London
AGREEMENT OF REAL ESTATE LEASE, made as of this February 27, 2006, between 4101 AUSTIN BOULEVARD CORP., a New York corporation (“Landlord”), and FRUCTIBAIL INVEST, a French société civile (“Tenant”),
AMENDMENT NUMBER EIGHTEEN TO GRANTOR TRUST AGREEMENTGrantor Trust Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks
THIS AGREEMENT, made as of the 29th day of June, 2005 by and between THE BANK OF NEW YORK COMPANY, INC., a corporation organized and existing under the laws of the State of New York (hereinafter referred to as the “Company”), and JPMORGAN CHASE BANK (formerly known as THE CHASE MANHATTAN BANK), a corporation organized and existing under the laws of the New York (hereinafter referred to as the “Trustee”).
LEASE AGREEMENT Dated as of July 16, 2004 between SUNTRUST EQUITY FUNDING, LLC, as Lessor, and TENNESSEE PROCESSING CENTER LLC, as LesseeLease Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks
THIS LEASE AGREEMENT (as from time to time amended or supplemented, this “Lease”), dated as of July 16, 2004, is between SUNTRUST EQUITY FUNDING, LLC, a Delaware limited liability company (together with its successors and assigns hereunder (the “Lessor”), as Lessor, and TENNESSEE PROCESSING CENTER LLC , a Delaware limited liability company (the “Lessee”), as Lessee.
Supplemental AgreementSupplemental Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks
Reference is made to the Real Estate Lease dated February 27, 2006 (the “Real Estate Lease”) between 4101 Austin Boulevard Corp. (“4101 AUSTIN”) and Fructibail Invest (“FRUCTIBAIL”), a wholly owned subsidiary of Natexis Banques Populaires, and the Real Estate Sublease dated February 27, 2006 (the “Real Estate Sublease”) between FRUCTIBAIL and The Bank of New York (“BNY”) (the transactions contemplated by the Real Estate Lease and the Real Estate Sublease together, the “Transaction”). This letter (this “Supplemental Agreement”) sets forth supplemental agreements between the parties to the Transaction as set forth herein. Capitalized terms used but not defined herein have the meanings assigned to them in the Real Estate Lease and Real Estate Sublease. All references to taxes herein shall also include any interest and penalties relating to such taxes.
GUARANTEE by THE BANK OF NEW YORK COMPANY, INC. February 27, 2006 BNCI GuaranteeGuarantee • March 1st, 2006 • Bank of New York Co Inc • State commercial banks • New York
THIS GUARANTEE (this “Guarantee”) is made as of February 27, 2006, by The Bank of New York Company, Inc., a New York corporation (together with its permitted successors and assigns, “Guarantor”),
REAL ESTATE LEASE WAIVER AGREEMENTReal Estate Lease Waiver Agreement • March 1st, 2006 • Bank of New York Co Inc • State commercial banks • New York
Reference is made to the Real Estate Lease (the “Real Estate Lease”), of even date herewith, by and between Landlord, as landlord, and Tenant, as tenant, and to the Real Estate Sublease (the “Real Estate Sublease”) of even date herewith, by and between Tenant, as sublandlord, and The Bank of New York, as subtenant (“Subtenant”). Landlord and Tenant hereby agree as follows:
