0001104659-05-053106 Sample Contracts

TERM LOAN AGREEMENT BY AND AMONG NEW PLAN EXCEL REALTY TRUST, INC., THE LENDERS PARTY HERETO, AND CITICORP NORTH AMERICA, INC., AS ADMINISTRATIVE AGENT DATED AS OF APRIL 5, 2005 CITIGROUP GLOBAL MARKETS INC. AND MERRILL LYNCH, PIERCE, FENNER & SMITH...
Term Loan Agreement • November 7th, 2005 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

TERM LOAN AGREEMENT, dated as of April 5, 2005, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), each lender party hereto or which becomes a “Lender” pursuant to the provisions of Section 11.7 (each a “Lender” and, collectively, the “Lenders”), and CITICORP NORTH AMERICA, INC. (“CNAI”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).

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NEW PLAN EXCEL REALTY TRUST, INC. FIRST AMENDMENT TO TERM LOAN AGREEMENT
Term Loan Agreement • November 7th, 2005 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

This FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) is dated as of July 13, 2005 and entered into by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), each lender party hereto (each, a “Lender” and, collectively, the “Lenders”) and CITICORP NORTH AMERICA, INC., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”), and is made with reference to that certain Term Loan Agreement dated as of April 5, 2005 (the “Agreement”), by and among Borrower, Lenders and Administrative Agent. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Agreement.

FIRST AMENDMENT TO FIRST AMENDED AND RESTATED SECURED TERM LOAN AGREEMENT
Secured Term Loan Agreement • November 7th, 2005 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED SECURED TERM LOAN AGREEMENT (this “Amendment”) is made as of the 19th day of July, 2005, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), the entities executing this Amendment as guarantors (collectively, the “Guarantors”), each lender a party hereto (each a “Lender” and, collectively, the “Lenders”), and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

FIRST AMENDMENT TO FIRST AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT
Revolving Credit Agreement • November 7th, 2005 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Amendment”) is made as of the 19th day of July, 2005, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), the entities executing this Amendment as guarantors (collectively, the “Guarantors”), each lender a party hereto (each a “Lender” and, collectively, the “Lenders”), and BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”).

NEW PLAN EXCEL REALTY TRUST, INC. SECOND AMENDMENT TO TERM LOAN AGREEMENT
Term Loan Agreement • November 7th, 2005 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”) is made as of the 19th day of July, 2005, by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation (the “Borrower”), the entities executing this Amendment as guarantors (collectively, the “Guarantors”), each lender a party hereto (each a “Lender” and, collectively, the “Lenders”), and CITICORP NORTH AMERICA, INC., as administrative agent (in such capacity, the “Administrative Agent”).

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