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EX-10.1 - EX-10.1 - Behringer Harvard Short-Term Liquidating Trust | v199732_ex10-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(D) OF THE SECURITIES
EXCHANGE
ACT OF 1934
Date
of Report (Date of earliest event reported): October 25, 2010 (October 21,
2010)
Behringer
Harvard Short-Term Opportunity
Fund
I LP
(Exact
Name of Registrant as Specified in Its Charter)
Texas
|
000-51291
|
71-0897614
|
||
(State
or other jurisdiction of incorporation
or
organization)
|
(Commission
File Number)
|
(I.R.S.
Employer
Identification
No.)
|
15601
Dallas Parkway, Suite 600, Addison, Texas
75001
(Address
of principal executive offices)
(Zip
Code)
(866)
655-1620
(Registrant’s
telephone number, including area code)
None
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
¨
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
1.01 Entry into
a Material Definitive Agreement.
The information set forth in Item 2.03
below is hereby incorporated by reference.
Item
2.03 Creation
of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet
Arrangement of a Registrant.
On
October 21, 2010, Behringer Harvard Landmark LP (“Borrower”), a wholly owned
subsidiary of Behringer Harvard Short-Term Opportunity Fund I LP (which may be
referred to herein as the “Registrant,” “we,” “our,” or “us”), entered into the
Renewal, Extension and Modification Agreement (“Loan Agreement”) with State Farm
Bank, F.S.B. (“Lender”), an unaffiliated third party, effective October 1,
2010. The Loan Agreement, among other things, extends the maturity
date of the loan from October 1, 2010 to April 1, 2011 with options to extend
the maturity date for up to six additional months and provides for early
prepayment at discounted amounts. Payments of interest only are due
monthly with the unpaid principal balance and all accrued but unpaid interest
due on April 1, 2011. Amounts outstanding under the Loan Agreement
bear interest at 4.0%. The Loan Agreement required a principal
payment of $1.0 million, which was paid from funds previously escrowed with the
Landmark Lender, resulting in an outstanding principal balance of $21.0 million
at October 21, 2010.
The above
described loan obligation continues to be secured by a two-story office building
acquired by the Registrant in 2005, containing approximately 122,273 rentable
square feet located on approximately 8.6 acres of land in Dallas, Texas
(“Landmark I”) and an additional two-story office building containing
approximately 135,154 rentable square feet located on approximately 11.3 acres
of land in Dallas, Texas (“Landmark II”) (collectively, “Landmark I & II”)
through its direct and indirect partnership interests in the
Borrower. Landmark I & II is subject to a deed of trust to secure
payment under the Loan Agreement. The Registrant has guaranteed
payment of the obligation under the Loan Agreement in the event that, among
other things, the Borrower becomes insolvent or enters into bankruptcy
proceedings. The Loan Agreement has been filed as Exhibit 10.1 to
this Current Report on Form 8-K and is incorporated into this Item 2.03
disclosure by reference.
Item
9.01 Financial
Statements and Exhibits.
(d)
Exhibits.
The
exhibits filed in response to Item 601 of Regulation S-K are listed on the
Exhibit Index attached hereto.
2
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
BEHRINGER
HARVARD SHORT-TERM
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OPPORTUNITY
FUND I LP
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By:
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Behringer
Harvard Advisors II LP,
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Co-General
Partner
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Dated: October
25, 2010
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By:
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/s/ Gary S. Bresky
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Gary
S. Bresky
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Chief
Financial Officer
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3
EXHIBIT
INDEX
10.1
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Renewal,
Extension and Modification Agreement by and between Behringer Harvard
Landmark LP and State Farm Bank,
F.S.B.
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4