AMENDMENT NO. 1 TO THE ADVISORY AGREEMENTAdvisory Agreement • March 23rd, 2010 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 1 to the Advisory Agreement dated as of November 8, 2009 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of November 13, 2009 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
AMENDMENT TO AMENDED AND RESTATED SENIOR MEZZANINE LOAN AGREEMENTMezzanine Loan Agreement • March 23rd, 2010 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This Amendment to Amended and Restated Senior Mezzanine Loan Agreement (this “Amendment”), dated as of March 9, 2010, by and among KBS DEBT HOLDINGS, LLC, a Delaware limited liability company (together with its successors and assigns, including any lawful holder of any portion of the Indebtedness, “Lender”), and REQUIRED EQUITY PLEDGOR (as defined in the Loan Agreement), AMERICAN FINANCIAL REALTY TRUST, a Maryland real estate investment trust (“AFRT”), GKK STARS ACQUISITION LLC, a Delaware limited liability company (“AFRT Owner”), FIRST STATES GROUP, L.P., a Delaware limited partnership (“Operating Partnership”), FIRST STATES GROUP, LLC, a Delaware limited liability company (“Operating Partnership GP” and together with Operating Partnership, Required Equity Pledgor, AFRT, AFRT Owner and Operating Partnership, collectively, jointly and severally, together with their respective permitted successors and assigns, “Borrower”), amends that certain Amended and Restated Senior Mezzanine Loan A
