Kurbatskiy
Vice President
Lending Office:
Barclays Bank PLC
745 7th Avenue, 25th Floor
New York,
New York 10019
Attn: Evan Moriarty
Telephone: (212) 526-1447
Telecopy:
(212) 526-5115
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S-12
[Signature Page to Credit Agreement with Lexington Realty Trust et al.]
BRANCH BANKING AND TRUST COMPANY, N.A., as a Lender
By: /s/ Ahaz
Armstrong
Ahaz Armstrong
Vice President
Lending Office:
Branch Banking and Trust Company
200 W. Second Street
Winston Salem, North Carolina 27101
Attn: Ahaz Armstrong
Telephone: (336)
733-2575
Telecopy: (888) 707-4162
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S-13
[Signature Page to Credit Agreement with Lexington Realty Trust et al.]
FIRST TENNESSEE BANK N.A., as Lender
By: /s/ Matt Mathis
Matt
Mathis
SVP Commercial Real Estate
Lending Office:
First Tennessee Bank N.A.
701 Market Street
Chattanooga,
TN 37402
Attn: Matt Mathis
Telephone: (423) 757-4248
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S-14
Schedules Omitted
EXHIBIT A
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement (the "Assignment and Assumption") is
dated as of the Effective Date set forth below and is entered into by and
between [the][each]1 Assignor identified in item 1 below ([the][each, an]
"Assignor") and [the][each]2 Assignee identified in item 2 below ([the][each,
an] "Assignee"). [It is understood and agreed that the rights and obligations of
[the Assignors][the Assignees]3 hereunder are several and not joint.]4
Capitalized terms used but not defined herein shall have the meanings given to
them in the Credit Agreement identified below (as amended, the "Credit
Agreement"), receipt of a copy of which is hereby acknowledged by [the][each]
Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto
are hereby agreed to and incorporated herein by reference and made a part of
this Assignment and Assumption as if set forth herein in full.
For an agreed consideration, [the][each] Assignor hereby irrevocably sells and
assigns to [the Assignee][the respective Assignees], and [the][each] Assignee
hereby irrevocably purchases and assumes from [the Assignor][the respective
Assignors], subject to and in accordance with the Standard Terms and Conditions
and the Credit Agreement, as of the Effective Date inserted by the
Administrative Agent as contemplated below (i) all of [the Assignor's][the
respective Assignors'] rights and obligations in [its capacity as a
Lender][their respective capacities as Lenders] under the Credit Agreement and
any other documents or instruments delivered pursuant thereto to the extent
related to the amount and percentage interest identified below of all of such
outstanding rights and obligations of [the Assignor][the respective Assignors]
under the respective facilities identified below (including without limitation
any letters of credit, guarantees, and swingline loans included in such
facilities), and (ii) to the extent permitted to be assigned under applicable
law, all claims, suits, causes of action and any other right of [the] [any]
Assignor (in its capacity as a Lender)][the respective Assignors (in their
respective capacities as Lenders)] against any Person, whether known or unknown,
arising under or in connection with the Credit Agreement, any other documents or
instruments delivered pursuant thereto or the loan transactions governed thereby