except those
specifically approved in advance by the Landlord.
Names other than the actual store name may not appear on the storefront.
­
Exhibit 4.4(A)
Tenant's Signs
Exhibit "1.6(H)"
Holidays
New Year's Day
Easter Sunday
Thanksgiving Day
Christmas Day
Exhibit "4.6"
Locations of the Common Loading Dock, Freight Elevator and the Trash Dumpster
See Attached
Exhibit "8.9"
Approved Contractors - Initial Alterations
Exhibit "14.9"
Mortgages and Superior Leases
Mortgage recorded or to be recorded against the Real Property pursuant to the
terms of the loan agreement, dated as of July 6, 2005, between Archon Financial,
L.P. and 731 Retail One LLC
Exhibit "31.1"
Form of Letter of Credit
IRREVOCABLE STANDBY LETTER OF CREDIT NO._______
DATE: ______________________
BENEFICIARY:
____________________________
C/O VORNADO REALTY TRUST
210 ROUTE 4 EAST
PARAMUS, NJ 07652
ATTN: CHIEF FINANCIAL OFFICER
BY ORDER OF:
APPLICANT:
________________________
________________________
________________________
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
_______________ FOR THE ACCOUNT OF ______________, FOR AN AMOUNT OR AMOUNTS NOT
TO EXCEED IN THE AGGREGATE USD $_____________ (______________________) AND
00/100 U.S. DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT DRAWN ON
_____________________, EFFECTIVE IMMEDIATELY AND EXPIRING AT OUR OFFICE ON
_______________________.
FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) AS HEREIN
ABOVE SET FORTH MARKED "DRAWN UNDER ________________ LETTER OF CREDIT NO.
___________ DATED ____________".
PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE SHALL BE
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE EXPIRATION
DATE HEREOF OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR
TO SUCH EXPIRATION DATE WE SEND NOTICE To YOU BY CERTIFIED MAIL, A NATIONALLY
RECOGNIZED OVERNIGHT COURIER OR BY HAND-DELIVERED COURIER, AT THE ADDRESS STATED
ABOVE, THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL
PERIOD. UPON SUCH NOTICE TO YOU, YOU MAY DRAW ON US AT SIGHT FOR AN AMOUNT NOT
TO EXCEED THE BALANCE REMAINING IN THIS LETTER OF CREDIT WITHIN THE
THEN-APPLICABLE EXPIRY DATE.
THIS LETTER OF CREDIT IS TRANSFERABLE, BUT ONLY IN ITS ENTIRETY, AND MAY BE
SUCCESSIVELY TRANSFERRED. TRANSFER OF THIS LETTER OF CREDIT SHALL BE EFFECTED BY
US UPON SUBMISSION OF THIS ORIGINAL LETTER OF CREDIT, INCLUDING ALL AMENDMENTS,
IF ANY, ACCOMPANIED BY THE ATTACHED TRANSFER REQUEST FORM DULY COMPLETED AND
SIGNED, WITH THE SIGNATURE THEREON AUTHENTICATED BY YOUR BANK. IN ANY EVENT,
THIS LETTER OF CREDIT WILL NOT BE TRANSFERRED TO ANY ENTITY/PERSON WITH
WHICH/WHOM U.S. PERSONS ARE PROHIBITED FROM DOING BUSINESS UNDER U.S. FOREIGN
ASSETS CONTROL REGULATIONS OR OTHER APPLICABLE U.S. LAWS AND REGULATIONS.
CHARGES AND FEES RELATED TO SUCH TRANSFER WILL BE FOR THE ACCOUNT OF THE
APPLICANT. FAILURE TO PAY ANY SUCH CHARGES WILL NOT IMPEDE THE TRANSFER.
WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND
CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON
OR BEFORE THE EXPIRATION DATE