INDENTUREConstruction and Convertible Term Loan Agreement • November 6th, 2012 • California
DIEGO, a public body, corporate and politic, duly organized and validly existing under the laws of the State of California (“Issuer” and “Lender”), U.S. BANK NATIONAL ASSOCIATION, a national association (“U.S. Bank”), in its capacity as “Bondowner Representative”, and BROADWAY UPPER TOWER ASSOCIATES, L.P., a California limited partnership (“Borrower”). Pursuant to that certain Assignment of Deed of Trust and Loan Documents (the “Assignment”) dated as of even date herewith, by and between Issuer and U.S. Bank, in its capacity as “Bondowner Representative” (in such capacity, “Bondowner Representative”) under that certain Indenture dated as of December 1, 2012 (“Indenture”), executed by and between Issuer and Bondowner Representative, Issuer shall, concurrently with the execution of this Agreement, assign and transfer to Bondowner Representative all of Issuer’s right, title and interest in, to, and under (but not its obligations as “Issuer” under) the Loan Documents (as defined below), ex
