I LLC
and Bank of America National Association, as assumed by Excel Lake Pleasant LLC
on May
, 2012. Secured by Lake Pleasant Pavilion (Peoria, AZ).
13. Loan in the outstanding principal amount of $2,507,000 pursuant to that
certain Loan Assumption Agreement by and between Senior Health Insurance Company
of Pennsylvania and Vestavia Outparcel Holdings, LLC on March
, 2011.
Secured by Rite Aid #07379-02 (Vestavia Hills, AL).
14. Loan in the outstanding principal amount of $12,000,000 pursuant to Revenue
Bonds, Series 2010, issued by the Dothan Downtown Redevelopment Authority in
connection with a Bond Purchase Agreement dated November
, 2012 by and
between The Dothan Downtown Development Authority and Excel Dothan LLC. Secured
by Northside Plaza (Dothan, AL).
Schedule 7.1 (i) - Litigation
None.
Schedule 7.1 (s) - Intellectual Property
None
Schedule 10.8 - Affiliate Transactions
Excel Realty Holdings, LLC cost reimbursements to the Company - $68,000 for the
three months ended March 31, 2012 and $261,000 in 2011
EXHIBIT A
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement (the "Assignment and Assumption
Agreement") 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 Agreement 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 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