Attached files
file | filename |
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EX-10.1 - EX-10.1 - TIER REIT INC | a12-5598_1ex10d1.htm |
EX-10.2 - EX-10.2 - TIER REIT INC | a12-5598_1ex10d2.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): February 22, 2012 (February 20, 2012)
Behringer Harvard REIT I, Inc.
(Exact Name of Registrant as Specified in Its Charter)
Maryland |
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000-51293 |
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68-0509956 |
(State or other jurisdiction of incorporation |
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(Commission File Number) |
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(I.R.S. Employer |
or organization) |
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Identification No.) |
17300 Dallas Parkway, Suite 1010, Dallas, Texas
75248
(Address of principal executive offices)
(Zip Code)
(866) 655-1605
(Registrants 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:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 1.01. |
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Entry into a Material Definitive Agreement. |
Third Amendment to Advisory Management Agreement
On February 20, 2012, Behringer Harvard REIT I, Inc. (which may be referred to herein as the Company, we, our or us) entered into the Third Amendment (the Advisory Amendment) to the Fifth Amended and Restated Advisory Management Agreement dated December 29, 2006, as amended (the Advisory Agreement), with Behringer Advisors, LLC, our advisor. In the Advisory Amendment, the subordinated disposition fee has been removed. Accordingly, the advisor will not be paid a subordinated disposition fee for providing services in connection with the sale of one or more of our assets. In all other material respects, the terms of the Advisory Agreement remain unchanged.
Fourth Amendment to Property Management and Leasing Agreement
On February 20, 2012, we, Behringer Harvard Operating Partnership I LP and HPT Management Services, LLC, our property manager, entered into the Fourth Amendment (the Management Amendment) to the Fifth Amended and Restated Property Management and Leasing Agreement, dated May 15, 2008, as amended (the Management Agreement). The Management Amendment clarifies the minimum amount of fees payable to our property manager for the management of each property on a monthly basis. More specifically, pursuant to the Management Amendment, the management fees will not be less than the following amounts on a monthly basis: (1) for a property up to 200,000 square feet, not less than $1,000; (2) for a property between 200,000 and 500,000 square feet, not less than $2,000; and (3) for a property greater than 500,000 square feet, not less than $3,000. In all other material respects, the terms of the Management Agreement remain unchanged.
The information set forth above with respect to the Advisory Amendment and the Management Amendment does not purport to be complete in scope and is qualified in its entirety by the full text of the Advisory Amendment and the Management Amendment, respectively, which are filed as Exhibits 10.1 and 10.2, respectively, hereto and are incorporated into this report by reference.
Item 9.01. |
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Financial Statements and Exhibits. |
(d) |
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Exhibits: |
Exhibit No. |
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Description |
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10.1 |
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Third Amendment to the Fifth Amended and Restated Advisory Management Agreement, dated February 20, 2012, by and between Behringer Harvard REIT I, Inc. and Behringer Advisors, LLC |
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10.2 |
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Fourth Amendment to the Fifth Amended and Restated Property Management and Leasing Agreement, dated February 20, 2012, by and among Behringer Harvard REIT I, Inc., Behringer Harvard Operating Partnership I LP and HPT Management Services, LLC |
SIGNATURES
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.
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BEHRINGER HARVARD REIT I, INC. | |
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Date: February 22, 2012 |
By: |
/s/ Telisa Webb Schelin |
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Name: |
Telisa Webb Schelin |
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Title: |
Senior Vice President Legal, General Counsel and Secretary |
EXHIBIT INDEX
Exhibit |
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Description |
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10.1 |
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Third Amendment to the Fifth Amended and Restated Advisory Management Agreement, dated February 20, 2012, by and between Behringer Harvard REIT I, Inc. and Behringer Advisors, LLC |
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10.2 |
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Fourth Amendment to the Fifth Amended and Restated Property Management and Leasing Agreement, dated February 20, 2012, by and among Behringer Harvard REIT I, Inc., Behringer Harvard Operating Partnership I LP and HPT Management Services, LLC |