LOAN AGREEMENT Dated as of June 21, 2011 between ATC GLIMCHER, LLC, as Borrower, and GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., as LenderLoan Agreement • July 28th, 2011 • Glimcher Realty Trust • Real estate investment trusts • Kentucky
GUARANTYGuaranty • July 28th, 2011 • Glimcher Realty Trust • Real estate investment trusts • Kentucky
THIS GUARANTY (this "Guaranty") is executed as of June 21, 2011 by GLIMCHER PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership (together with any permitted successors and assigns, "Guarantor"), for the benefit of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership (together with its successors and assigns, "Lender").
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • July 28th, 2011 • Glimcher Realty Trust • Real estate investment trusts • New York
ENVIRONMENTAL INDEMNITY AGREEMENT (this "Agreement") made as of June 21, 2011 by GLIMCHER PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership (together with its successors and assigns, "Sponsor"), and ATC GLIMCHER, LLC, a Delaware limited liability company (together with its successors and assigns, "Borrower", and, collectively with Sponsor, jointly and severally, the "Indemnitor") in favor of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership (together with its successors and assigns under the Loan Agreement (as defined below), the "Lender") and the other Indemnified Parties (as defined below).
Maximum Principal Amount: $46,282,500.00 COLLATERAL IS OR INCLUDES FIXTURES MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS, SECURITY AGREEMENT AND FIXTURE FILINGSecurity Agreement and Fixture Filing • July 28th, 2011 • Glimcher Realty Trust • Real estate investment trusts • Kentucky
This Mortgage, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing (as amended from time to time, this "Security Instrument") is made, and is executed effective as of June 21, 2011, by ATC GLIMCHER, LLC, a Delaware limited liability company (together with its permitted successors and permitted assigns, "Borrower"), whose address for all purposes hereunder is c/o Glimcher Properties Limited Partnership, 180 East Broad Street, 21st Floor, Columbus, Ohio 43215, with an organizational identification number of 496052, for the benefit of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership (together with all of its successors and assigns, "Lender"), whose address for all purposes hereunder is 6011 Connection Drive, Suite 550, Irving, Dallas County, Texas 75039. For all state law, statutory and other purposes hereunder, (i) the term "Borrower" as used herein shall be deemed to mean a mortgagor of the Pr
