AMENDED, RESTATED AND CONSOLIDATED NOTE
New York, New York
$400,000,000 February 13, 2004
AMENDED, RESTATED AND CONSOLIDATED NOTE, dated as of February 13, 2004
(this NOTE), by 731 OFFICE ONE LLC, a Delaware limited liability company
(BORROWER), having an address for notice purposes c/o Alexander's Inc., ▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, in favor of GERMAN AMERICAN CAPITAL
CORPORATION, a Maryland corporation (together with its successors and assigns,
LENDER), having an office at ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇.
WHEREAS, ▇▇▇▇▇▇ is the present owner and holder of that certain
promissory note described on EXHIBIT A attached hereto and incorporated herein
(collectively, the EXISTING NOTE), which Existing Note evidences an indebtedness
of Borrower to Lender in the current outstanding principal amount of
$400,000,000 (the EXISTING DEBT);
WHEREAS, on the date hereof and pursuant to the terms of this Note and
the Loan Agreement (as defined below), ▇▇▇▇▇▇ has agreed to make a loan (the
LOAN) to Borrower in the maximum principal amount of $400,000,000, such Loan to
be comprised of the Existing Debt so that the principal balance of on the date
hereof is $400,000,000;
WHEREAS, in connection with the foregoing, ▇▇▇▇▇▇▇▇ and Lender have
agreed in the manner hereinafter set forth to (i) combine and consolidate the
Existing Note and the indebtedness evidenced thereby with the New Loan and (ii)
amend, modify and restate in their entirety the terms and provisions of the
Existing Note on the terms and conditions hereinafter set forth; and
WHEREAS, ▇▇▇▇▇▇ and Borrower intend these Recitals to be a material
part of this Note.
NOW THEREFORE, in consideration of the foregoing premises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ agree as follows:
I. The Existing Debt is combined and consolidated together with
the New Loan so that together they shall constitute in law but one indebtedness
in the maximum principal amount of $400,000,000, (such amount, or so much
thereof as may be outstanding from time to time under this Note, the PRINCIPAL
AMOUNT), together with interest thereon as hereinafter provided. The terms,
covenants, conditions and provisions of the Existing Note are hereby modified,
amended, restated and consolidated in their entirety so that henceforth the
terms, covenants, conditions and provisions of the Existing Note shall read and
be as set forth in this Note and Borrower agrees to comply with and be subject
to all of the terms, covenants and conditions of this Note.
II. The parties hereto certify that this Note evidences the
Existing Debt evidenced by the Existing Note, as increased by the New Loan, and
evidences no further or other principal indebtedness. Neither this Note nor
anything contained herein shall be construed as a novation of ▇▇▇▇▇▇▇▇'s
indebtedness to Lender evidenced by the Existing Note or of the Existing Note,
which shall remain in full force and effect as hereby confirmed, modified,
amended, restated and consolidated.
III. This Note is an extension and continuation of the Existing
Debt evidenced by the Existing Note, as increased by the New Loan, and, as to
the Existing Debt, is issued in replacement of and substitution for the Existing
Note.
IV. The Existing Note, as modified and restated in its entirety
pursuant to this Note, and the obligations of Borrower thereunder, as increased
by the New Loan, is hereby ratified and confirmed, and shall remain in full
force and effect until the full performance and satisfaction of all obligations
of Borrower under this Note.
NOW, THEREFORE, FOR VALUE RECEIVED, ▇▇▇▇▇▇▇▇ promises to pay to the
order of Lender the Principal Amount, together with interest from the date
hereof, and other fees, expenses and charges as provided in this Note.
1. DEFINED TERMS.
a. Capitalized terms used but not otherwise defined herein shall
have the respective meanings given thereto in the Loan
Agreement (as defined below), unless otherwise expressly
provided herein. All references to sections shall be deemed to
be references to sections of this Note, unless otherwise
indicated.
b. The following terms shall have the meaning ascribed thereto:
ADDITIONAL INTEREST STRIP shall mean, with respect to each Interest
Period from and after the Anticipated Repayment Date, the excess of
interest accrued at the Revised Interest Rate over interest accrued at
the Stated Interest Rate (but shall not include the Post ARD Default
Interest Strip).
ANTICIPATED REPAYMENT DATE shall mean March 1, 2014.
APPLICABLE INTEREST RATE shall mean (i) from the date hereof through
and including the Anticipated Repayment Date, the Stated Interest Rate,
and (ii) from the day after the Anticipated Repayment Date through and
including the Maturity Date, the Revised Interest Rate.
BORROWER shall have the meaning provided in the first paragraph hereof.
DEFAULT RATE shall mean, a rate per annum equal to the lesser of (a)
the Maximum Legal Rate and (b) five percent (5%) above the Applicable
Interest Rate.
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DEFEASANCE LOCKOUT PERIOD shall mean the period commencing on the date
hereof and expiring on the earlier to occur of (i) two years after the
"startup day," within the meaning of Section 860G(a)(9) of the Internal
Revenue Code of 1986, as amended from time to time or any successor
statute (the "Code"), of a "real estate mortgage investment conduit,"
("REMIC") within the meaning of Section 860D of the Code, with respect
to the last portion of the debt evidenced by this Note and the Security
Instrument and (ii) four (4) years from the date hereof.
DEFERRED INTEREST shall mean the Additional Interest Strip and the Post
ARD Default Interest Strip, collectively.
EXISTING DEBT shall have the meaning set forth in the Recitals.
EXISTING NOTE shall have the meaning set forth in the Recitals.
INTEREST PERIOD shall have the meaning provided in Section 2.
LENDER shall have the meaning provided in the first paragraph hereof.
LIQUIDATED DAMAGES AMOUNT shall have the meaning set forth in Section
4(e).
LOAN shall have the meaning provided in the Recitals to this Note.
LOAN AGREEMENT shall mean the Loan and Security Agreement, dated the
date hereof, between Borrower and Lender.
MATURITY DATE shall mean March 1, 2029, or such earlier date on which
the final payment of principal of this Note becomes due and payable as
provided in the Loan Agreement or this Note, whether at such stated
maturity date, by declaration of acceleration, or otherwise.
MATURITY DATE PAYMENT shall have the meaning set forth in Section 3(e).
MONTHLY AMOUNT shall have the meaning provided in Section 3(a).
NOTE shall have the meaning provided in the first paragraph hereof.
PAYMENT DATE shall be the first (1st) calendar day of each calendar
month, whether or not such day is a Business Day, commencing on April
1, 2004 and continuing to and including the Maturity Date.
POST ARD DEFAULT INTEREST STRIP shall mean, with respect to each
Interest Period from and after the Anticipated Repayment Date, default
interest accrued at a rate equal to the lesser of (x) 5.0% and (y) the
amount by which the Maximum Legal Rate exceeds the Applicable Interest
Rate.
PREPAYMENT DATE shall have the meaning provided in Section 4(a)(i).
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PREPAYMENT LOCKOUT PERIOD shall mean the period commencing on the date
hereof and expiring on December 1, 2013.
PREPAYMENT NOTICE shall have the meaning provided in Section 4(a)(i).
PRINCIPAL AMOUNT shall have the meaning set forth in the Recitals.
REVISED INTEREST RATE shall mean, with respect to each Interest Period,
a rate per annum equal to two percent (2%) above the Stated Interest
Rate applicable to such Interest Period.
STATED INTEREST RATE shall mean, with respect to each Interest Period,
the rate of interest set forth on SCHEDULE A hereto for such Interest
Period.
TREASURY RATE shall mean, as of any Payment Date, the yield, calculated
by linear interpolation (rounded to the nearest one-thousandth of one
percent) of the yields of noncallable United States Treasury
obligations with terms (one longer and one shorter) most nearly
approximating the period from such Payment Date to the Anticipated
Repayment Date (and converted to a monthly equivalent yield), as
determined by Lender on the basis of Federal Reserve Statistical
Release H.15 Selected Interest Rates under the heading U.S.
Governmental Security/Treasury Constant Maturities or, if such
publication is unavailable, such other recognized source of financial
market information as shall be selected by Lender for the week prior to
such Payment Date.
YIELD MAINTENANCE PREMIUM shall mean an amount equal to the product of:
(a) the positive difference (expressed as a percentage of the
outstanding Principal Amount before any prepayment), if any, as of the
date of determination between (i) the present value of all future
scheduled payments of interest and principal, including the principal
amount due on the Anticipated Repayment Date, to be made on this Note
before the prepayment in question, discounted at an interest rate per
annum equal to the Treasury Rate, and (ii) the outstanding Principal
Amount immediately before such prepayment; and (b) the Principal Amount
being prepaid.
2. INTEREST.
a. Prior to the Anticipated Repayment Date, interest shall accrue
on the Principal Amount at the Stated Interest Rate. In the
event that ▇▇▇▇▇▇▇▇ does not repay the Principal Amount in
full on or before the Anticipated Repayment Date, then, from
and after the Anticipated Repayment Date, interest shall
accrue on the Principal Amount at the Revised Interest Rate.
From and after the occurrence and during the continuance of
any Event of Default, interest shall accrue at the Default
Rate.
b. Interest on the principal sum of this Note shall be calculated
based on the Applicable Interest Rate on the basis of a
fraction, the denominator of which shall be 360 and the
numerator of which shall be the actual number
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of days in the relevant Interest Period, except that interest
due and payable for a period less than a full month shall be
calculated by multiplying the actual number of days elapsed in
such period by a daily rate based on said 360 day year.
Interest shall accrue from, and including, the first (1st) day
of the prior month and ending on the last day of the prior
month (an INTEREST PERIOD); in each case without adjustment
for any Business Day convention; provided that the first
accrual period shall commence on March 1, 2004.
c. Except as expressly set forth in the Loan Agreement to the
contrary, interest shall accrue on all amounts advanced by
Lender pursuant to the Loan Documents (other than the
Principal Amount, which shall accrue interest in accordance
with clauses a. and b. above) at the Default Rate.
d. The provisions of this Section 2 are subject in all events to
the provisions of Section 2.2.4 of the Loan Agreement.
3. PAYMENTS OF PRINCIPAL AND INTEREST.
a. Interest and principal under this Note shall be payable as
follows:
i. interest accruing from the date hereof to and
including February 29, 2004 shall be paid on the date
hereof; and
ii. commencing on April 1, 2004 and on each and every
Payment Date thereafter until the Maturity Date,
monthly installments of interest payable on this
Note, in arrears, and scheduled principal
amortization in the amounts (the MONTHLY AMOUNTS) set
forth on SCHEDULE A hereto (subject to adjustment as
provided in Section 4(f)).
b. From and after the Anticipated Repayment Date, unless the
Indebtedness has been repaid in full, Borrower shall continue
to make payments of accrued interest and Monthly Amounts on
each Payment Date. From and after the Anticipated Repayment
Date, unless the Indebtedness has been repaid in full, all
Excess Cash Flow shall be applied to repayment of the Loan on
each Payment Date as a partial prepayment of the outstanding
principal Indebtedness. Deferred Interest shall be payable
after all principal and other amounts due hereunder have been
paid in full.
c. All payments made by Borrower hereunder or under any of the
Loan Documents shall be made on or before 2:00 p.m. New York
City time or such later time as Lender or its servicer shall
apply amounts on deposit in the Holding Account in accordance
the terms of the Loan Documents. Any payments received after
such time shall be credited to the next following Business
Day.
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d. All amounts advanced by Lender pursuant to the Loan Documents,
other than the Principal Amount, or other charges provided in
the Loan Documents, shall be due and payable as provided in
the Loan Documents. In the event any such advance or charge is
not so repaid by Borrower, Lender may, at its option, first
apply any payments received under this Note to repay such
advances, together with any interest thereon, or other charges
as provided in the Loan Documents, and the balance, if any,
shall be applied in payment of any installment of interest or
principal then due and payable.
e. The entire Principal Amount of this Note, all unpaid accrued
interest, all interest that would accrue on the Principal
Amount through the end of the Interest Period during which the
Maturity Date occurs and all other fees and sums then payable
hereunder or under the Loan Documents (collectively, the
MATURITY DATE PAYMENT), shall be due and payable in full on
the Maturity Date.
f. Amounts due on this Note shall be payable, without any
counterclaim, setoff or deduction whatsoever, at the office of
Lender or its agent or designee at the address set forth on
the first page of this Note or at such other place as Lender
or its agent or designee may from time to time designate in
writing.
g. All amounts due under this Note, including, without
limitation, interest and the Principal Amount, shall be due
and payable in lawful money of the United States.
h. To the extent that Borrower makes a payment or Lender receives
any payment or proceeds for Borrower's benefit, which are
subsequently invalidated, declared to be fraudulent or
preferential, set aside or required to be repaid to a trustee,
debtor in possession, receiver, custodian or any other party
under any bankruptcy law, common law or equitable cause, then,
to such extent, the obligations of Borrower hereunder intended
to be satisfied shall be revived and continue as if such
payment or proceeds had not been received by Lender.
4. PREPAYMENTS. Except as permitted in Sections 4(a), 4(b), 4(c) and 4(d)
hereof, the outstanding Principal Amount may not be prepaid in whole or
in part. Any Principal Amount prepaid pursuant to this Section 4 may
not be reborrowed hereunder.
a. VOLUNTARY PREPAYMENTS. Borrower shall not have the right to
prepay, in whole or in part, the Principal Amount due
hereunder prior to the Anticipated Repayment Date (other than
with respect to the application of Proceeds pursuant to
Section 6.2 of the Loan Agreement); provided, however,
Borrower shall be entitled to make a prepayment of all of the
Principal Amount on any Business Day occurring after the
expiration of
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the Prepayment Lockout Period, without any premium or penalty
upon satisfaction of the following conditions:
i. Borrower shall provide prior irrevocable written
notice (the PREPAYMENT NOTICE) to Lender specifying
the proposed Business Day on which the prepayment is
to be made, which Business Day shall be no earlier
than thirty (30) days after the date of such
Prepayment Notice and no later than ninety (90) days
after the date of such Prepayment Notice (the date of
such prepayment pursuant to this Section 4(a) and
Section 4(b) below being the PREPAYMENT DATE); and
ii. Borrower shall comply with the provisions set forth
in Section 4(c) and Section 4(d) of this Note.
iii. In connection with any voluntary prepayment, other
than payments from Excess Cash Flow as set forth in
Section 3(b), Borrower shall concurrently repay all
of the other Indebtedness in full.
iv. ▇▇▇▇▇▇▇▇ agrees that all Excess Cash Flow shall be
applied in accordance with the terms of the Loan
Agreement, including, without limitation, Article III
and Section 16.5 of the Loan Agreement and the
provisions of Section 3(b) hereof.
b. DEFEASANCE. From and after expiration of the Defeasance
Lockout Period and prior to the Anticipated Repayment Date,
Borrower shall have the right to defease the Loan pursuant to
the provisions of Article IX of the Loan Agreement. In no
event shall a prepayment of this Note in accordance with
Sections 4(a) or 4(c) trigger or result in any defeasance
liability under this Note or the other Loan Documents.
c. MANDATORY PREPAYMENTS.
i. On the next occurring Payment Date following the date
on which Borrower actually receives any Proceeds, if
Lender is not obligated pursuant to the terms of the
Loan Agreement to make such Proceeds available to
Borrower for the restoration of the Property,
Borrower shall use such Proceeds to prepay the
outstanding principal balance of this Note as set
forth in Section 6.2.3 of the Loan Agreement; and
ii. Borrower shall comply with the provisions set forth
in Section 4(d) and Section 4(e) of this Note
(provided, however, that the Liquidated Damages
Amount and the Yield Maintenance Premium shall not
apply to prepayments made from the receipt of
Proceeds).
d. PAYMENTS IN CONNECTION WITH A PREPAYMENT.
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i. On the date on which a prepayment, voluntary,
involuntary or mandatory, is made under this Note or
as required under the Loan Agreement, Borrower shall,
unless such prepayment is made on a Payment Date, pay
to Lender all unpaid interest on the Principal Amount
prepaid through the end of the Interest Period during
which such prepayment is made.
ii. On the Business Day on which a prepayment is made,
Borrower shall pay to Lender all other sums (not
including scheduled interest and principal payments)
then due and payable under this Note, the Loan
Agreement, the Security Instrument, and the other
Loan Documents;
iii. Borrower shall pay (without duplication) all
reasonable costs and expenses of Lender incurred in
connection with the prepayment (including without
limitation, any reasonable costs and expenses
associated with a release or assignment of the Lien
of the related Security Instrument as set forth in
Section 2.3.3 of the Loan Agreement as well as
reasonable attorneys' fees and expenses); and
iv. In the event of a prepayment made after an
acceleration of the Loan, Borrower shall also pay to
Lender the Yield Maintenance Premium to the extent
such prepayment is made prior to expiration of the
Prepayment Lockout Period.
e. LIQUIDATED DAMAGES AMOUNT. IF NOTWITHSTANDING THE PROHIBITIONS
OF THIS SECTION 4, THE LOAN IS VOLUNTARILY OR INVOLUNTARILY
REPAID DURING THE PREPAYMENT LOCKOUT PERIOD (EXCLUDING
PREPAYMENTS MADE (I) IN ACCORDANCE WITH SECTION 4(C) OF THIS
NOTE AND (II) FROM A DEFEASANCE OF THE LOAN IN ACCORDANCE WITH
THE TERMS OF THE LOAN DOCUMENTS AFTER EXPIRATION OF THE
DEFEASANCE LOCKOUT PERIOD), INCLUDING, BUT NOT LIMITED TO, AS
A RESULT OF AN ACCELERATED MATURITY DATE, THEN BORROWER SHALL
PAY TO LENDER, AS LIQUIDATED DAMAGES FOR SUCH DEFAULT AND NOT
AS A PENALTY, AND IN ADDITION TO ANY AND ALL OTHER SUMS AND
FEES PAYABLE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AN
AMOUNT EQUAL TO THE GREATER OF (A) FIVE PERCENT (5%) OF THE
PRINCIPAL AMOUNT BEING REPAID HEREUNDER AND (B) THE YIELD
MAINTENANCE PREMIUM (THE LIQUIDATED DAMAGES AMOUNT).
NOTWITHSTANDING THE FOREGOING, THE LIQUIDATED DAMAGES AMOUNT
SHALL NOT BE APPLIED TOWARD ANY PREPAYMENTS FROM PROCEEDS.
f. MODIFICATION OF MONTHLY AMOUNTS.
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i. In the event that any partial prepayment of principal
occurs before the Anticipated Repayment Date (other
than in connection with an acceleration of the Loan),
the Payment Dates shall remain the same and Lender
shall recalculate the amount of subsequent Monthly
Amounts to reflect the same proportionate
amortization as in effect prior to such recalculation
for each remaining Payment Date, taking into account
the reduction in the Principal Amount.
ii. In the event that any partial prepayment of principal
occurs after the Anticipated Repayment Date (other
than in connection with an acceleration of the Loan)
or Excess Cash Flow is applied to the prepayment of
principal after the Anticipated Repayment Date, the
Payment Dates shall remain the same and Lender shall
recalculate the amount of subsequent Monthly Amounts
to reflect the reduction of the Principal Amount.
Deferred Interest accrued pursuant to Section 3(b) of
this Note shall not result in any increase in the
Monthly Amounts or the Stated Interest Rate.
5. MISCELLANEOUS.
a. WAIVER. Borrower and all endorsers, sureties and guarantors
hereby jointly and severally waive all applicable exemption
rights, valuation and appraisement, presentment for payment,
demand, notice of demand, notice of nonpayment or dishonor,
protest and notice of protest of this Note, and, except as
otherwise expressly provided in the Loan Documents, all other
notices in connection with the delivery, acceptance,
performance, default or enforcement of the payment of this
Note. Borrower consents to any and all extensions of time,
renewals, waivers or modifications that may be granted by
Lender with respect to the payment or other provisions of this
Note and to the release of the collateral securing this Note
or any part thereof, with or without substitution, and agrees
that additional makers may become parties hereto without
notice to them or affecting their liability under this Note.
b. NON-RECOURSE. Recourse with respect to any claims arising
under or in connection with this Note shall be limited to the
extent provided in Article XVIII of the Loan Agreement and the
terms, covenants and conditions of Article XVIII of the Loan
Agreement are hereby incorporated by reference as if fully set
forth in this Note.
c. NOTE SECURED. This Note and all obligations of Borrower
hereunder are secured by the Loan Agreement, the Security
Instrument and the other Loan Documents.
d. NOTICES. Any notice, election, request or demand which by any
provision of this Note is required or permitted to be given or
served hereunder shall
9
be given or served in the manner required for the delivery of
notices pursuant to the Loan Agreement.
e. ENTIRE AGREEMENT. This Note, together with the other Loan
Documents, constitutes the entire and final agreement between
▇▇▇▇▇▇▇▇ and Lender with respect to the subject matter hereof
and thereof and may only be changed, amended, modified or
waived by an instrument in writing signed by ▇▇▇▇▇▇▇▇ and
▇▇▇▇▇▇.
f. NO WAIVER. No waiver of any term or condition of this Note,
whether by delay, omission or otherwise, shall be effective
unless in writing and signed by the party sought to be
charged, and then such waiver shall be effective only in the
specific instance and for the purpose for which given. No
notice to, or demand on, Borrower shall entitle Borrower to
any other or future notice or demand in the same, similar or
other circumstances.
g. SUCCESSORS AND ASSIGNS. This Note shall be binding upon and
inure to the benefit of ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ and their
respective successors and permitted assigns. Upon any
endorsement, assignment, or other transfer of this Note by
▇▇▇▇▇▇ or by operation of law, the term "Lender" as used
herein, shall mean such endorsee, assignee, or other
transferee or successor to ▇▇▇▇▇▇ then becoming the holder of
this Note. The term "Borrower" as used herein shall include
the respective successors and assigns, legal and personal
representatives, executors, administrators, devisees, legatees
and heirs of ▇▇▇▇▇▇▇▇, if any.
h. CAPTIONS. All paragraph, section, exhibit and schedule
headings and captions herein are used for reference only and
in no way limit or describe the scope or intent of, or in any
way affect, this Note.
i. COUNTERPARTS. This Note may be executed in counterparts, each
of which shall be an original and all of which, when taken
together, shall constitute one binding Note.
j. SEVERABILITY. The provisions of this Note are severable, and
if any one clause or provision hereof shall be held invalid or
unenforceable in whole or in part, then such invalidity or
unenforceability shall affect only such clause or provision,
or part thereof, and not any other clause or provision of this
Note.
k. GOVERNING LAW. THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK PURSUANT
TO SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW,
WITHOUT REGARD TO CHOICE OF LAW RULES. ▇▇▇▇▇▇▇▇ AGREES THAT
ANY SUIT FOR THE ENFORCEMENT OF THIS NOTE OR ANY OTHER LOAN
DOCUMENT SHALL BE BROUGHT IN THE COURTS OF THE
10
STATE OF NEW YORK OR ANY FEDERAL COURT SITTING THEREIN AND
CONSENTS TO THE NONEXCLUSIVE JURISDICTION OF SUCH COURT AND
THE SERVICE OF PROCESS IN ANY SUCH SUIT BEING MADE UPON
BORROWER IN THE MANNER AND AT THE ADDRESS SPECIFIED FOR
NOTICES IN THE LOAN AGREEMENT. BORROWER HEREBY WAIVES ANY
OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF
ANY SUCH SUIT OR ANY SUCH COURT OR THAT SUCH SUIT IS BROUGHT
IN AN INCONVENIENT COURT.
l. JURY TRIAL WAIVER. BORROWER, LENDER AND ALL PERSONS CLAIMING
BY, THROUGH OR UNDER BORROWER OR LENDER, HEREBY EXPRESSLY,
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO
TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION
(I) ARISING UNDER THIS NOTE, INCLUDING, WITHOUT LIMITATION,
ANY PRESENT OR FUTURE MODIFICATION THEREOF OR (II) IN ANY WAY
CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE
PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS NOTE (AS
NOW OR HEREAFTER MODIFIED) OR ANY OTHER INSTRUMENT, DOCUMENT
OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH, OR
THE TRANSACTIONS RELATED HERETO OR THERETO, IN EACH CASE
WHETHER SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION IS NOW
EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN
CONTRACT OR TORT OR OTHERWISE; AND BORROWER AND ▇▇▇▇▇▇ HEREBY
AGREE AND CONSENT THAT AN ORIGINAL COUNTERPART OR A COPY OF
THIS SECTION MAY BE FILED WITH ANY COURT AS WRITTEN EVIDENCE
OF THE CONSENT HERETO TO THE WAIVER OF ANY RIGHT TO TRIAL BY
JURY. EACH OF BORROWER AND LENDER ACKNOWLEDGES THAT IT HAS
CONSULTED WITH LEGAL COUNSEL REGARDING THE MEANING OF THIS
WAIVER AND ACKNOWLEDGES THAT THIS WAIVER IS AN ESSENTIAL
INDUCEMENT FOR THE MAKING OF THE LOAN. THIS WAIVER SHALL
SURVIVE THE REPAYMENT OF THE LOAN.
m. COUNTERCLAIMS AND OTHER ACTIONS. Borrower hereby expressly and
unconditionally waives, in connection with any suit, action or
proceeding brought by Lender on this Note, any and every right
it may have to (i) interpose any counterclaim therein (other
than a mandatory or compulsory counterclaim which can only be
asserted in the suit, action or proceeding brought by Lender
on this Note and cannot be maintained in a separate action)
and (ii) have any such suit, action or proceeding consolidated
with any other or separate suit, action or proceeding.
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IN WITNESS WHEREOF, ▇▇▇▇▇▇▇▇ has caused this Note to be executed and
delivered as of the day and year first above written.
BORROWER:
731 OFFICE ONE LLC, a Delaware limited
liability company
By: 731 OFFICE ONE HOLDING LLC, a
Delaware limited liability company, its
sole member
By: ▇▇▇▇▇▇▇▇▇'▇ INC., a Delaware
corporation, its sole member
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇ ▇▇▇▇▇
Title: Assistant Secretary
EXHIBIT A
EXISTING NOTES
1. Consolidated, Amended and Restated Supplemental Loan Note (No. 3) in the
original principal amount of $22,940,962, dated January 28, 2004, by 731
Commercial LLC and 731 Residential LLC in favor of Hypo Real Estate Capital
Corporation.
2. Consolidated, Amended and Restated Project Loan Note (No. 3) in the original
principal amount of $15,587,546, dated January 28, 2004, by 731 Commercial LLC
and 731 Residential LLC in favor of Hypo Real Estate Capital Corporation.
3. Substitute Subordinate Building Loan Note in the original principal amount of
$125,000,000, dated February 13, 2004, by 731 Commercial LLC and 731 Residential
LLC in favor of Hypo Real Estate Capital Corporation.
4. Substitute Mortgage Note C (No. 3) in the original principal amount of
$236,471,492, dated January 28, 2004, by 731 Commercial LLC and 731 Residential
LLC in favor of Hypo Real Estate Capital Corporation.
SCHEDULE A
CONSOLIDATED NOTE
Interest Period Commencing Stated Interest Rate Payment Date Scheduled Principal Amortization Ending Balance
2/13/2004 5.3300%
3/1/2004 5.3300% 3/1/04 400,000,000.00
4/1/2004 5.3300% 4/1/04 - 400,000,000.00
5/1/2004 5.3300% 5/1/04 - 400,000,000.00
6/1/2004 5.3300% 6/1/04 - 400,000,000.00
7/1/2004 5.3300% 7/1/04 - 400,000,000.00
8/1/2004 5.3300% 8/1/04 - 400,000,000.00
9/1/2004 5.3300% 9/1/04 - 400,000,000.00
10/1/2004 5.3300% 10/1/04 - 400,000,000.00
11/1/2004 5.3300% 11/1/04 - 400,000,000.00
12/1/2004 5.3300% 12/1/04 - 400,000,000.00
1/1/2005 5.3300% 1/1/05 - 400,000,000.00
2/1/2005 5.3300% 2/1/05 - 400,000,000.00
3/1/2005 5.3300% 3/1/05 - 400,000,000.00
4/1/2005 5.3300% 4/1/05 - 400,000,000.00
5/1/2005 5.3300% 5/1/05 - 400,000,000.00
6/1/2005 5.3300% 6/1/05 - 400,000,000.00
7/1/2005 5.3300% 7/1/05 - 400,000,000.00
8/1/2005 5.3300% 8/1/05 - 400,000,000.00
9/1/2005 5.3300% 9/1/05 - 400,000,000.00
10/1/2005 5.3300% 10/1/05 - 400,000,000.00
11/1/2005 5.3300% 11/1/05 - 400,000,000.00
12/1/2005 5.3300% 12/1/05 - 400,000,000.00
1/1/2006 5.3300% 1/1/06 - 400,000,000.00
2/1/2006 5.3300% 2/1/06 - 400,000,000.00
3/1/2006 5.3300% 3/1/06 - 400,000,000.00
4/1/2006 5.3300% 4/1/06 712,217.29 399,287,782.71
5/1/2006 5.3300% 5/1/06 774,602.94 398,513,179.77
6/1/2006 5.3300% 6/1/06 719,041.38 397,794,138.39
7/1/2006 5.3300% 7/1/06 781,237.21 397,012,901.18
8/1/2006 5.3300% 8/1/06 725,927.24 396,286,973.94
9/1/2006 5.3300% 9/1/06 729,259.05 395,557,714.89
10/1/2006 5.3300% 10/1/06 791,170.66 394,766,544.23
2
11/1/2006 5.3300% 11/1/06 736,237.40 394,030,306.84
12/1/2006 5.3300% 12/1/06 797,954.90 393,232,351.94
1/1/2007 5.3300% 1/1/07 743,278.91 392,489,073.03
2/1/2007 5.3300% 2/1/07 746,690.36 391,742,382.67
3/1/2007 5.3300% 3/1/07 924,116.37 390,818,266.31
4/1/2007 5.3300% 4/1/07 754,358.89 390,063,907.41
5/1/2007 5.3300% 5/1/07 815,572.32 389,248,335.09
6/1/2007 5.3300% 6/1/07 761,564.44 388,486,770.65
7/1/2007 5.3300% 7/1/07 822,577.44 387,664,193.21
8/1/2007 5.3300% 8/1/07 768,835.21 386,895,358.00
9/1/2007 5.3300% 9/1/07 772,363.95 386,122,994.05
10/1/2007 5.3300% 10/1/07 833,076.54 385,289,917.50
11/1/2007 5.3300% 11/1/07 779,732.48 384,510,185.02
12/1/2007 5.3300% 12/1/07 840,240.10 383,669,944.92
1/1/2008 5.3300% 1/1/08 787,167.70 382,882,777.21
2/1/2008 5.3300% 2/1/08 790,780.59 382,091,996.63
3/1/2008 5.3300% 3/1/08 907,551.73 381,184,444.89
4/1/2008 5.3300% 4/1/08 798,575.46 380,385,869.44
5/1/2008 5.3300% 5/1/08 858,558.94 379,527,310.50
6/1/2008 5.3300% 6/1/08 806,181.25 378,721,129.25
7/1/2008 5.3300% 7/1/08 865,953.16 377,855,176.09
8/1/2008 5.3300% 8/1/08 813,855.88 377,041,320.21
9/1/2008 5.3300% 9/1/08 817,591.25 376,223,728.96
10/1/2008 5.3300% 10/1/08 877,045.78 375,346,683.18
11/1/2008 5.3300% 11/1/08 825,369.16 374,521,314.02
12/1/2008 5.3300% 12/1/08 884,607.34 373,636,706.68
1/1/2009 5.3300% 1/1/09 833,217.48 372,803,489.20
2/1/2009 5.3300% 2/1/09 837,041.72 371,966,447.48
3/1/2009 5.3300% 3/1/09 1,006,098.60 370,960,348.88
4/1/2009 5.3300% 4/1/09 845,501.22 370,114,847.66
5/1/2009 5.3300% 5/1/09 904,179.39 369,210,668.26
6/1/2009 5.3300% 6/1/09 853,531.77 368,357,136.50
7/1/2009 5.3300% 7/1/09 911,986.56 367,445,149.93
8/1/2009 5.3300% 8/1/09 861,635.01 366,583,514.93
9/1/2009 5.3300% 9/1/09 865,589.67 365,717,925.26
10/1/2009 5.3300% 10/1/09 923,709.06 364,794,216.20
11/1/2009 5.3300% 11/1/09 873,802.06 363,920,414.14
12/1/2009 5.3300% 12/1/09 931,693.00 362,988,721.14
1/1/2010 5.3300% 1/1/10 882,088.78 362,106,632.36
2/1/2010 5.3300% 2/1/10 886,137.32 361,220,495.04
3/1/2010 5.3300% 3/1/10 1,050,646.55 360,169,848.50
4/1/2010 5.3300% 4/1/10 895,026.62 359,274,821.88
5/1/2010 5.3300% 5/1/10 952,327.18 358,322,494.70
6/1/2010 5.3300% 6/1/10 903,505.46 357,418,989.24
7/1/2010 5.3300% 7/1/10 960,570.17 356,458,419.08
8/1/2010 5.3300% 8/1/10 912,061.05 355,546,358.03
9/1/2010 5.3300% 9/1/10 916,247.16 354,630,110.87
10/1/2010 5.3300% 10/1/10 972,957.43 353,657,153.44
11/1/2010 5.3300% 11/1/10 924,918.08 352,732,235.36
12/1/2010 5.3300% 12/1/10 981,387.16 351,750,848.19
1/1/2011 5.3300% 1/1/11 933,667.49 350,817,180.70
2/1/2011 5.3300% 2/1/11 937,952.77 349,879,227.94
3
3/1/2011 5.3300% 3/1/11 1,097,662.40 348,781,565.54
4/1/2011 5.3300% 4/1/11 947,295.67 347,834,269.86
5/1/2011 5.3300% 5/1/11 1,003,142.29 346,831,127.57
6/1/2011 5.3300% 6/1/11 956,247.64 345,874,879.93
7/1/2011 5.3300% 7/1/11 1,011,845.25 344,863,034.67
8/1/2011 5.3300% 8/1/11 965,280.64 343,897,754.03
9/1/2011 5.3300% 9/1/11 969,711.01 342,928,043.02
10/1/2011 5.3300% 10/1/11 1,024,934.12 341,903,108.90
11/1/2011 5.3300% 11/1/11 978,865.88 340,924,243.02
12/1/2011 5.3300% 12/1/11 1,033,834.33 339,890,408.69
1/1/2012 5.3300% 1/1/12 988,103.61 338,902,305.08
2/1/2012 5.3300% 2/1/12 992,638.74 337,909,666.34
3/1/2012 5.3300% 3/1/12 1,097,253.48 336,812,412.86
4/1/2012 5.3300% 4/1/12 1,002,230.76 335,810,182.10
5/1/2012 5.3300% 5/1/12 1,056,549.28 334,753,632.82
6/1/2012 5.3300% 6/1/12 1,011,679.99 333,741,952.83
7/1/2012 5.3300% 7/1/12 1,065,735.67 332,676,217.16
8/1/2012 5.3300% 8/1/12 1,021,214.75 331,655,002.41
9/1/2012 5.3300% 9/1/12 1,025,901.84 330,629,100.57
10/1/2012 5.3300% 10/1/12 1,079,561.92 329,549,538.65
11/1/2012 5.3300% 11/1/12 1,035,565.34 328,513,973.31
12/1/2012 5.3300% 12/1/12 1,088,956.61 327,425,016.70
1/1/2013 5.3300% 1/1/13 1,045,316.30 326,379,700.40
2/1/2013 5.3300% 2/1/13 1,050,114.01 325,329,586.39
3/1/2013 5.3300% 3/1/13 1,199,434.30 324,130,152.09
4/1/2013 5.3300% 4/1/13 1,060,438.81 323,069,713.27
5/1/2013 5.3300% 5/1/13 1,113,138.20 321,956,575.07
6/1/2013 5.3300% 6/1/13 1,070,414.93 320,886,160.14
7/1/2013 5.3300% 7/1/13 1,122,836.81 319,763,323.33
8/1/2013 5.3300% 8/1/13 1,080,481.35 318,682,841.98
9/1/2013 5.3300% 9/1/13 1,085,440.45 317,597,401.53
10/1/2013 5.3300% 10/1/13 1,137,444.38 316,459,957.14
11/1/2013 5.3300% 11/1/13 1,095,642.88 315,364,314.27
12/1/2013 5.3300% 12/1/13 1,147,363.01 314,216,951.25
1/1/2014 5.3300% 1/1/14 1,105,937.65 313,111,013.60
2/1/2014 5.3300% 2/1/14 1,111,013.60 312,000,000.00
3/1/2014 5.3300% 3/1/14 1,254,692.84 310,745,307.16
4/1/2014 5.3300% 4/1/14 1,121,871.53 309,623,435.62
5/1/2014 5.3300% 5/1/14 1,172,862.08 308,450,573.54
6/1/2014 5.3300% 6/1/14 1,132,403.72 307,318,169.81
7/1/2014 5.3300% 7/1/14 1,183,101.31 306,135,068.51
8/1/2014 5.3300% 8/1/14 1,143,031.25 304,992,037.26
9/1/2014 5.3300% 9/1/14 1,148,277.45 303,843,759.81
10/1/2014 5.3300% 10/1/14 1,198,533.48 302,645,226.34
11/1/2014 5.3300% 11/1/14 1,159,048.66 301,486,177.68
12/1/2014 5.3300% 12/1/14 1,209,005.07 300,277,172.61
1/1/2015 5.3300% 1/1/15 1,169,917.36 299,107,255.25
2/1/2015 5.3300% 2/1/15 1,175,286.96 297,931,968.29
3/1/2015 5.3300% 3/1/15 1,313,012.65 296,618,955.64
4/1/2015 5.3300% 4/1/15 1,186,707.56 295,432,248.07
5/1/2015 5.3300% 5/1/15 1,235,894.61 294,196,353.47
6/1/2015 5.3300% 6/1/15 1,197,826.64 292,998,526.83
4
7/1/2015 5.3300% 7/1/15 1,246,704.39 291,751,822.45
8/1/2015 5.3300% 8/1/15 1,209,046.35 290,542,776.09
9/1/2015 5.3300% 9/1/15 1,214,595.54 289,328,180.55
10/1/2015 5.3300% 10/1/15 1,263,006.84 288,065,173.71
11/1/2015 5.3300% 11/1/15 1,225,967.05 286,839,206.66
12/1/2015 5.3300% 12/1/15 1,274,062.03 285,565,144.63
1/1/2016 5.3300% 1/1/16 1,237,441.49 284,327,703.14
2/1/2016 5.3300% 2/1/16 1,243,121.00 283,084,582.15
3/1/2016 5.3300% 3/1/16 1,332,651.07 281,751,931.08
4/1/2016 5.3300% 4/1/16 1,254,943.08 280,496,988.00
5/1/2016 5.3300% 5/1/16 1,302,232.05 279,194,755.94
6/1/2016 5.3300% 6/1/16 1,266,679.80 277,928,076.14
7/1/2016 5.3300% 7/1/16 1,313,642.30 276,614,433.84
8/1/2016 5.3300% 8/1/16 1,278,522.76 275,335,911.08
9/1/2016 5.3300% 9/1/16 1,284,390.83 274,051,520.25
10/1/2016 5.3300% 10/1/16 1,330,860.67 272,720,659.58
11/1/2016 5.3300% 11/1/16 1,296,394.10 271,424,265.47
12/1/2016 5.3300% 12/1/16 1,342,530.06 270,081,735.41
1/1/2017 5.3300% 1/1/17 1,308,506.03 268,773,229.37
2/1/2017 5.3300% 2/1/17 1,314,511.71 267,458,717.66
3/1/2017 5.3300% 3/1/17 1,439,341.20 266,019,376.46
4/1/2017 5.3300% 4/1/17 1,327,151.13 264,692,225.33
5/1/2017 5.3300% 5/1/17 1,372,431.54 263,319,793.78
6/1/2017 5.3300% 6/1/17 1,339,541.47 261,980,252.32
7/1/2017 5.3300% 7/1/17 1,384,477.22 260,595,775.09
8/1/2017 5.3300% 8/1/17 1,352,043.96 259,243,731.14
9/1/2017 5.3300% 9/1/17 1,358,249.46 257,885,481.68
10/1/2017 5.3300% 10/1/17 1,402,664.83 256,482,816.85
11/1/2017 5.3300% 11/1/17 1,370,921.29 255,111,895.56
12/1/2017 5.3300% 12/1/17 1,414,984.17 253,696,911.38
1/1/2018 5.3300% 1/1/18 1,383,707.82 252,313,203.56
2/1/2018 5.3300% 2/1/18 1,390,058.66 250,923,144.90
3/1/2018 5.3300% 3/1/18 1,507,890.34 249,415,254.56
4/1/2018 5.3300% 4/1/18 1,403,359.44 248,011,895.12
5/1/2018 5.3300% 5/1/18 1,446,520.01 246,565,375.11
6/1/2018 5.3300% 6/1/18 1,416,439.59 245,148,935.52
7/1/2018 5.3300% 7/1/18 1,459,236.32 243,689,699.19
8/1/2018 5.3300% 8/1/18 1,429,638.15 242,260,061.05
9/1/2018 5.3300% 9/1/18 1,436,199.79 240,823,861.26
10/1/2018 5.3300% 10/1/18 1,478,446.86 239,345,414.40
11/1/2018 5.3300% 11/1/18 1,449,577.21 237,895,837.19
12/1/2018 5.3300% 12/1/18 1,491,452.17 236,404,385.02
1/1/2019 5.3300% 1/1/19 1,463,075.72 234,941,309.30
2/1/2019 5.3300% 2/1/19 1,469,790.83 233,471,518.48
3/1/2019 5.3300% 3/1/19 1,580,237.03 231,891,281.45
4/1/2019 5.3300% 4/1/19 1,483,789.61 230,407,491.84
5/1/2019 5.3300% 5/1/19 1,524,712.90 228,882,778.94
6/1/2019 5.3300% 6/1/19 1,497,597.80 227,385,181.14
7/1/2019 5.3300% 7/1/19 1,538,137.00 225,847,044.15
8/1/2019 5.3300% 8/1/19 1,511,530.98 224,335,513.17
9/1/2019 5.3300% 9/1/19 1,518,468.49 222,817,044.68
10/1/2019 5.3300% 10/1/19 1,558,427.14 221,258,617.54
5
11/1/2019 5.3300% 11/1/19 1,532,590.58 219,726,026.96
12/1/2019 5.3300% 12/1/19 1,572,156.41 218,153,870.56
1/1/2020 5.3300% 1/1/20 1,546,840.51 216,607,030.05
2/1/2020 5.3300% 2/1/20 1,553,940.08 215,053,089.97
3/1/2020 5.3300% 3/1/20 1,624,751.84 213,428,338.13
4/1/2020 5.3300% 4/1/20 1,568,529.39 211,859,808.74
5/1/2020 5.3300% 5/1/20 1,607,095.53 210,252,713.21
6/1/2020 5.3300% 6/1/20 1,583,104.63 208,669,608.59
7/1/2020 5.3300% 7/1/20 1,621,265.33 207,048,343.26
8/1/2020 5.3300% 8/1/20 1,597,811.79 205,450,531.46
9/1/2020 5.3300% 9/1/20 1,605,145.31 203,845,386.16
10/1/2020 5.3300% 10/1/20 1,642,692.92 202,202,693.24
11/1/2020 5.3300% 11/1/20 1,620,051.98 200,582,641.25
12/1/2020 5.3300% 12/1/20 1,657,184.94 198,925,456.31
1/1/2021 5.3300% 1/1/21 1,635,093.59 197,290,362.72
2/1/2021 5.3300% 2/1/21 1,642,598.21 195,647,764.51
3/1/2021 5.3300% 3/1/21 1,737,037.50 193,910,727.01
4/1/2021 5.3300% 4/1/21 1,658,109.80 192,252,617.20
5/1/2021 5.3300% 5/1/21 1,694,184.13 190,558,433.07
6/1/2021 5.3300% 6/1/21 1,673,495.90 188,884,937.17
7/1/2021 5.3300% 7/1/21 1,709,142.25 187,175,794.92
8/1/2021 5.3300% 8/1/21 1,689,021.27 185,486,773.65
9/1/2021 5.3300% 9/1/21 1,696,773.41 183,790,000.24
10/1/2021 5.3300% 10/1/21 1,731,772.26 182,058,227.98
11/1/2021 5.3300% 11/1/21 1,712,509.48 180,345,718.50
12/1/2021 5.3300% 12/1/21 1,747,070.61 178,598,647.89
1/1/2022 5.3300% 1/1/22 1,728,387.99 176,870,259.90
2/1/2022 5.3300% 2/1/22 1,736,320.81 175,133,939.08
3/1/2022 5.3300% 3/1/22 1,822,078.70 173,311,860.38
4/1/2022 5.3300% 4/1/22 1,752,652.88 171,559,207.50
5/1/2022 5.3300% 5/1/22 1,786,097.36 169,773,110.14
6/1/2022 5.3300% 6/1/22 1,768,894.76 168,004,215.38
7/1/2022 5.3300% 7/1/22 1,801,887.45 166,202,327.93
8/1/2022 5.3300% 8/1/22 1,785,283.66 164,417,044.27
9/1/2022 5.3300% 9/1/22 1,793,477.61 162,623,566.65
10/1/2022 5.3300% 10/1/22 1,825,786.50 160,797,780.15
11/1/2022 5.3300% 11/1/22 1,810,089.03 158,987,691.12
12/1/2022 5.3300% 12/1/22 1,841,935.85 157,145,755.27
1/1/2023 5.3300% 1/1/23 1,826,850.81 155,318,904.46
2/1/2023 5.3300% 2/1/23 1,835,235.55 153,483,668.91
3/1/2023 5.3300% 3/1/23 1,911,831.10 151,571,837.81
4/1/2023 5.3300% 4/1/23 1,852,433.54 149,719,404.27
5/1/2023 5.3300% 5/1/23 1,883,102.49 147,836,301.78
6/1/2023 5.3300% 6/1/23 1,869,578.62 145,966,723.16
7/1/2023 5.3300% 7/1/23 1,899,770.65 144,066,952.52
8/1/2023 5.3300% 8/1/23 1,886,878.88 142,180,073.63
9/1/2023 5.3300% 9/1/23 1,895,539.13 140,284,534.50
10/1/2023 5.3300% 10/1/23 1,925,009.04 138,359,525.46
11/1/2023 5.3300% 11/1/23 1,913,074.39 136,446,451.08
12/1/2023 5.3300% 12/1/23 1,942,056.52 134,504,394.55
1/1/2024 5.3300% 1/1/24 1,930,768.37 132,573,626.19
2/1/2024 5.3300% 2/1/24 1,939,630.06 130,633,996.13
6
3/1/2024 5.3300% 3/1/24 1,987,214.60 128,646,781.53
4/1/2024 5.3300% 4/1/24 1,957,653.18 126,689,128.35
5/1/2024 5.3300% 5/1/24 1,985,395.30 124,703,733.05
6/1/2024 5.3300% 6/1/24 1,975,750.68 122,727,982.37
7/1/2024 5.3300% 7/1/24 2,002,989.39 120,724,992.98
8/1/2024 5.3300% 8/1/24 1,994,011.99 118,730,980.98
9/1/2024 5.3300% 9/1/24 2,003,163.95 116,727,817.03
10/1/2024 5.3300% 10/1/24 2,029,640.12 114,698,176.91
11/1/2024 5.3300% 11/1/24 2,021,673.40 112,676,503.50
12/1/2024 5.3300% 12/1/24 2,047,634.71 110,628,868.80
1/1/2025 5.3300% 1/1/25 2,040,350.40 108,588,518.40
2/1/2025 5.3300% 2/1/25 2,049,715.04 106,538,803.36
3/1/2025 5.3300% 3/1/25 2,106,443.65 104,432,359.71
4/1/2025 5.3300% 4/1/25 2,068,790.65 102,363,569.06
5/1/2025 5.3300% 5/1/25 2,093,441.32 100,270,127.73
6/1/2025 5.3300% 6/1/25 2,087,894.14 98,182,233.59
7/1/2025 5.3300% 7/1/25 2,112,013.42 96,070,220.17
8/1/2025 5.3300% 8/1/25 2,107,170.55 93,963,049.61
9/1/2025 5.3300% 9/1/25 2,116,841.88 91,846,207.74
10/1/2025 5.3300% 10/1/25 2,140,155.94 89,706,051.80
11/1/2025 5.3300% 11/1/25 2,136,380.32 87,569,671.48
12/1/2025 5.3300% 12/1/25 2,159,150.89 85,410,520.60
1/1/2026 5.3300% 1/1/26 2,156,095.61 83,254,424.98
2/1/2026 5.3300% 2/1/26 2,165,991.49 81,088,433.49
3/1/2026 5.3300% 3/1/26 2,211,949.57 78,876,483.92
4/1/2026 5.3300% 4/1/26 2,186,085.03 76,690,398.90
5/1/2026 5.3300% 5/1/26 2,207,472.99 74,482,925.91
6/1/2026 5.3300% 6/1/26 2,206,250.24 72,276,675.67
7/1/2026 5.3300% 7/1/26 2,227,077.28 70,049,598.40
8/1/2026 5.3300% 8/1/26 2,226,597.98 67,823,000.42
9/1/2026 5.3300% 9/1/26 2,236,817.44 65,586,182.98
10/1/2026 5.3300% 10/1/26 2,256,794.21 63,329,388.76
11/1/2026 5.3300% 11/1/26 2,257,441.87 61,071,946.89
12/1/2026 5.3300% 12/1/26 2,276,844.95 58,795,101.94
1/1/2027 5.3300% 1/1/27 2,278,252.99 56,516,848.95
2/1/2027 5.3300% 2/1/27 2,288,709.54 54,228,139.41
3/1/2027 5.3300% 3/1/27 2,323,300.41 51,904,839.00
4/1/2027 5.3300% 4/1/27 2,309,877.38 49,594,961.62
5/1/2027 5.3300% 5/1/27 2,327,821.89 47,267,139.73
6/1/2027 5.3300% 6/1/27 2,331,163.13 44,935,976.60
7/1/2027 5.3300% 7/1/27 2,348,515.55 42,587,461.05
8/1/2027 5.3300% 8/1/27 2,352,641.56 40,234,819.49
9/1/2027 5.3300% 9/1/27 2,363,439.53 37,871,379.96
10/1/2027 5.3300% 10/1/27 2,379,894.13 35,491,485.83
11/1/2027 5.3300% 11/1/27 2,385,210.12 33,106,275.71
12/1/2027 5.3300% 12/1/27 2,401,059.13 30,705,216.58
1/1/2028 5.3300% 1/1/28 2,407,177.76 28,298,038.82
2/1/2028 5.3300% 2/1/28 2,418,226.04 25,879,812.78
3/1/2028 5.3300% 3/1/28 2,436,988.32 23,442,824.45
4/1/2028 5.3300% 4/1/28 2,440,510.12 21,002,314.33
5/1/2028 5.3300% 5/1/28 2,454,820.90 18,547,493.43
6/1/2028 5.3300% 6/1/28 2,462,978.33 16,084,515.10
7
7/1/2028 5.3300% 7/1/28 2,476,664.12 13,607,850.98
8/1/2028 5.3300% 8/1/28 2,485,649.92 11,122,201.06
9/1/2028 5.3300% 9/1/28 2,497,058.36 8,625,142.69
10/1/2028 5.3300% 10/1/28 2,509,796.17 6,115,346.53
11/1/2028 5.3300% 11/1/28 2,520,038.43 3,595,308.09
12/1/2028 5.3300% 12/1/28 2,532,137.02 1,063,171.08
1/1/2029 5.3300% 1/1/29 1,063,171.08
2/1/2029 5.3300% 2/1/29 -
8
