TO THE EXTENT IN DEBTOR'S
POSSESSION OR CONTROL ON THE DATE HEREOF, AND (E) ALL UTILITY, SERVICE,
MAINTENANCE AND OTHER SIMILAR CONTRACTS RELATING TO THE LAND, THE BUILDING OR
THE ADDITIONAL PROPERTY IN EFFECT ON THE DATE HEREOF (THE "INTANGIBLE
PROPERTY").
ALL OF THE ITEMS REFERRED TO IN PARAGRAPHS A, B AND C ABOVE ARE COLLECTIVELY
REFERRED TO AS THE "PROPERTY."
THE TERM "PROPERTY" SHALL EXCLUDE THE FOLLOWING:
(1)
ANY EXISTING CAUSE OF ACTION, OR DAMAGE CLAIM, OF OR AGAINST
DEBTOR.
(2)
ALL RIGHTS AND INTERESTS OF DEBTOR WITH RESPECT TO ANY AMOUNTS DUE
DEBTOR WITH RESPECT TO THE PROPERTY AND ARISING PRIOR TO THE DATE HEREOF
(INCLUDING BUT NOT LIMITED TO, TAX REFUNDS, CASUALTY OR CONDEMNATION PROCEEDS,
UTILITY DEPOSITS, RENTS OR OTHER INCOME FROM THE PROPERTY) TO THE EXTENT
ATTRIBUTABLE TO PERIODS PRIOR TO THE DATE HEREOF.
3
Debtor:
NYT REAL ESTATE COMPANY, a New York limited liability company
Item No. 4 (continued) - Exhibit "A"
(3)
ALL RIGHTS AND INTERESTS OF DEBTOR WITH RESPECT TO THE CONDOMINIUM
UNITS COMPRISING FLOORS 21 THROUGH 27 OF THE BUILDING AND THEIR RESPECTIVE
UNDIVIDED INTEREST IN THE CONDOMINIUM COMMON ELEMENTS (THE "EXCLUDED UNITS").
(4)
ALL FURNITURE, FURNISHINGS EQUIPMENT AND OTHER PERSONAL PROPERTY
OF DEBTOR, WHICH INCLUDES, WITHOUT LIMITATION, INVENTORY, RACKING, SHELVING,
CABLING, ANTENNAE, MACHINERY, COMMUNICATION EQUIPMENT, DATA CABINETS, LOCKERS,
PLUG-IN LIGHT FIXTURES, STORAGE RACKS, TRASH COMPACTORS, SIGNS, DESKS, MOVABLE
PARTITIONS, VENDING MACHINES, COMPUTER SOFTWARE AND HARDWARE, REMOVABLE TRADE
FIXTURES AND EQUIPMENT, EVEN IF BOLTED OR OTHERWISE AFFIXED TO THE FLOORS,
INCLUDING, WITHOUT LIMITATION, TELECOMMUNICATION SWITCHES, IN EACH CASE, AS NOW
OR MAY HEREAFTER EXIST IN OR ON ANY OF THE BUILDING AND ANY OTHER PERSONAL
PROPERTY OWNED BY DEBTOR OR A SUBLESSEE OF DEBTOR OR OTHER OCCUPANT OF THE
PROPERTY (COLLECTIVELY, "DEBTOR'S PERSONAL PROPERTY"); PROVIDED THAT IN NO CASE
SHALL DEBTOR'S PERSONAL PROPERTY INCLUDE FIXTURES OR BUILT-IN HEATING,
VENTILATING, AIR-CONDITIONING, AND ELECTRICAL EQUIPMENT (INCLUDING POWER PANELS)
TO BE UTILIZED IN CONNECTION WITH THE OPERATION OF THE PROPERTY.
(5)
ALL TRADEMARKS, TRADENAMES, LOGOS AND OTHER INTELLECTUAL PROPERTY
RIGHTS RELATING TO THE NEW YORK TIMES COMPANY AND ITS SUBSIDIARIES AND
AFFILIATES AND/OR RELATED MEDIA GROUPS.
(6)
ALL RIGHT, TITLE AND INTEREST OF DEBTOR IN AND TO THAT CERTAIN
(I) NYTC FACILITY MAINTENANCE AND MANAGEMENT AGREEMENT RELATING TO THE
CONDOMINIUM UNITS AND THE EXCLUDED UNITS BETWEEN DEBTOR AND FIRST NEW YORK
PARTNERS MANAGEMENT, LLC DATED AS OF JANUARY 4, 2007, AS AMENDED, AND (II) THAT
CERTAIN MANAGEMENT AGREEMENT RELATING TO THE EXCLUDED UNITS BETWEEN DEBTOR AND
FIRST NEW YORK PARTNERS MANAGEMENT, LLC DATED AS OF APRIL 4, 2008.
4
Debtor:
NYT REAL ESTATE COMPANY, a New York limited liability company
Item No. 4 (continued) - Exhibit "A"
SCHEDULE 1
THE CONDOMINIUM UNITS (IN THE BUILDING LOCATED AT AND KNOWN AS THE NEW YORK
TIMES BUILDING CONDOMINIUM AND BY STREET NUMBER 620-628 8TH AVENUE, NEW YORK,
NEW YORK), DESIGNATED AND DESCRIBED AS UNITS (SEE SCHEDULE ANNEXED) (HEREINAFTER
CALLED THE "UNITS") IN THE DECLARATION ESTABLISHING A PLAN OF LEASEHOLD
CONDOMINIUM OWNERSHIP OF PREMISES MADE BY