Subject Agreements means (i) the Amended and Restated Credit Agreement by and among BRE Properties, Inc., as borrower, the lenders party thereto and each of Wachovia Capital Markets, LLC and RBS Securities Corporation, as joint lead arrangers and joint book managers, Wachovia Bank, National Association, as administrative agent, The Royal Bank of Scotland, plc, as syndication agent, and Bank of America, N.A., JPMorgan Chase Bank, N.A. and Deutsche Bank Securities, Inc., as co-documentation agents, entered into as of September 18, 2007, together with all guarantees entered into by any subsidiaries of the Company in connection therewith, (ii) the Contribution Agreement dated as of September 29, 1997, as amended (the “Contribution Agreement”), between the TCR signatories named on Schedule A thereto, the Company and BRE Property Investors LLC, a Delaware limited liability company (the “Operating Company”), together with the guarantee entered into by the Company pursuant to the Contribution Agreement, as amended by Amendment No. 1 to the Contribution Agreement dated November 18, 1997; (iii) the Amended and Restated Limited Liability Company Agreement of the Operating Company, dated as of November 18, 1997 (the “LLC Agreement”); and (iv) the Master Credit Facility Agreement by and among BRE-FMCA, LLC and BRE-FMAZ, LLC, as borrowers, BRE Properties, Inc., as guarantor, and Deutsche Bank Berkshire Mortgage, Inc., as lender, entered into as of April 7, 2009. All amendments, supplements and restatements of the Subject Agreements are listed in clauses (i) through (iv) of the preceding sentence. Except as otherwise described in the General Disclosure Package and the Prospectus or with respect to the Credit Agreement, no subsidiary of the Company is a guarantor of, or is a party to or bound by any instrument or agreement pursuant to which it has guaranteed or may be required to guarantee or cause another subsidiary of the Company to guarantee, any borrowings or other indebtedness of the Company. Except as otherwise described in the General Disclosure Package and the Prospectus or with respect to the Credit Agreement, the Company is not a party to or bound by any instrument or agreement pursuant to which it is or may be required to cause any of its subsidiaries to guarantee any borrowings or other indebtedness of the Company.
Subject Agreements means (i) the Loan Agreement dated as of January 31, 1994 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of July 7, 1995, the Second Amendment to Loan Agreement dated as of April 30, 1996, the Third Amendment to Loan Agreement dated as of November 20, 1996, the Fourth Amendment to Loan Agreement dated as of February 25, 1997, the Fifth Amendment to Loan Agreement dated as of June 30, 1997 and the Sixth Amendment to Loan Agreement dated as of May 30, 2003, (ii) the Loan Agreement dated as of July 7, 1995 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of April 30, 1996, the Second Amendment to Loan Agreement dated as of November 20, 1996, the Third Amendment to Loan Agreement dated as of February 25, 1997, the Fourth Amendment to Loan Agreement dated as of June 30, 1997 and the Fifth Amendment to Loan Agreement dated as of May 30, 2003, (iii) the Third Amended and Restated Unsecured Line of Credit Loan Agreement dated April 4, 2003 (the “Credit Agreement”) among the Company, Bank of America, N.A. (“Bank of America”), Bank One, N.A., Commerzbank AG, Banc of America Securities, LLC, and Wachovia Bank, N.A., together with all guarantees entered into by any subsidiaries of the Company in connection therewith, (iv) the Contribution Agreement dated as of September 29, 1997, as amended (the “Contribution Agreement”), between the TCR signatories named on Schedule A thereto, the Company and BRE Property Investors LLC, a Delaware limited liability company (the “Operating Company”), together with the guarantee entered into by the Company pursuant to the Contribution Agreement, as amended by Amendment No. 1 to the Contribution Agreement dated November 18, 1997, (v) the Amended and Restated Limited Liability Company Agreement of the Operating Company (the “LLC Agreement”) and (vi) the Master Credit Facility Agreement dated as of May 2, 2003 by and between the Company and Prudential Multifamily, Inc.; “Prudential Agreements” means the Loan Agreements, as amended, referred to in clauses (i) and (ii) of this sentence. All amendments, supplements and restatements of the Subject Agreements are listed in clauses (i) through (vi) of the preceding sentence. Except as otherwise...
Subject Agreements has the meaning provided in the definition of the term “Permitted Liens.”
Examples of Subject Agreements in a sentence
Instead, it is the understanding and agreement of the parties that the Subject Agreements, as well as this Addendum, collectively serve as a Sales Tax Sharing Agreement, for the benefit of both parties.
The Subject Agreements and this Addendum thereto shall continue for the period as initially agreed to in the Subject Agreements and such timeline is not altered by way of this addendum to them.
The Subject Agreements and the Subject Leases (each as defined in the Omnibus Termination Agreement) shall have been terminated in accordance with the terms of the Omnibus Termination Agreement, and all other provisions of the Omnibus Termination Agreement shall remain unchanged without modification or amendment from the terms in effect as of the date hereof.
While the Intergovernmental Agreements of October 20, 1993 and May 24, 2004 (hereinafter “Subject Agreements”) have been characterized as a loan agreement recently, it is the parties’ intent to agree and clarify that the Subject Agreements are not representative of a loan agreement between the County and the City, and such interpretation is hereby expressly denied as a condition precedent to the remainder of this agreement.
The Administration Department will assess the fairness of the terms and conditions of the Subject Agreements and ensure that the actual transaction amount of the Subject Transactions shall be not more than the relevant annual caps.
More Definitions of Subject Agreements
Subject Agreements has the meaning assigned to such term in the definition of “SOFR Adjustment.”
Subject Agreements means, collectively, (a) that certain Patent License Agreement made effective as of January 1, 1997 by and between IntriCon and K/S HIMPP, a partnership organized and existing under the laws of Denmark, and (b) that certain Strategic Alliance Agreement dated as of October 1, 2008 by and between IntriCon and Dynamic Hearing Pty Ltd, a corporation organized and existing under the laws of Victoria, Australia, in each case as the same may be amended, restated, supplemented or otherwise modified from time to time.
Subject Agreements means (i) the Loan Agreement dated as of January 31, 1994
Subject Agreements means (i) the Loan Agreement dated as of January 31, 1994 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of July 7, 1995, the Second Amendment to Loan Agreement dated as of April 30, 1996, the Third Amendment to Loan Agreement dated as of November 20, 1996, the Fourth Amendment to Loan Agreement dated as of February 25, 1997, the Fifth Amendment to Loan Agreement dated as of June 30, 1997 and the Sixth Amendment to Loan Agreement dated as of May 30, 2003, (ii) the Loan Agreement dated as of July 7, 1995 between The Prudential Insurance Company of America and the Company (as successor by merger to Real Estate Investment Trust of California), as amended by the First Amendment to Loan Agreement dated as of April 30, 1996, the Second Amendment to Loan Agreement dated as of November 20, 1996, the Third Amendment to Loan Agreement dated as of February 25, 1997, the Fourth Amendment to Loan Agreement dated as of June 30,
Subject Agreements is defined in the recitals hereto.
Subject Agreements has the meaning assigned to such term in Section 9.22(b).
Subject Agreements means this Agreement, the Disclosure Schedule, the certificates delivered pursuant to Section 2.5(a)(ii), Section 2.5(a)(iii), and Section 2.5(b)(ii) hereof, the FIRPTA Affidavit, the Transition Services Agreement and any other agreement, certificate or document delivered pursuant to any of the aforementioned agreements, certificates or documents.