Maryland
(State
or other jurisdiction of
incorporation
or organization)
|
13-3717318
(I.R.S.
Employer
Identification
No.)
|
One
Penn Plaza – Suite 4015
New
York, NY
(Address
of principal executive offices)
|
10119
(Zip
code)
|
PART
1. - FINANCIAL INFORMATION
|
ITEM
1. FINANCIAL STATEMENTS
|
LEXINGTON
REALTY TRUST AND CONSOLIDATED SUBSIDIARIES
|
CONDENSED
CONSOLIDATED BALANCE SHEETS
|
June
30, 2007 (Unaudited) and December 31, 2006
|
(In
thousands, except share and per share
data)
|
June
30,
|
December
31,
|
|||||||
2007
|
2006
|
|||||||
Assets:
|
||||||||
Real
estate, at cost
|
$ |
4,870,601
|
$ |
3,747,156
|
||||
Less:
accumulated depreciation and amortization
|
372,062
|
276,129
|
||||||
4,498,539
|
3,471,027
|
|||||||
Properties
held for sale – discontinued operations
|
28,078
|
69,612
|
||||||
Intangible
assets, net
|
660,504
|
468,244
|
||||||
Cash
and cash equivalents
|
75,419
|
97,547
|
||||||
Investment
in and advances to non-consolidated entities
|
150,747
|
247,045
|
||||||
Deferred
expenses, net
|
35,185
|
16,084
|
||||||
Notes
receivable
|
49,526
|
50,534
|
||||||
Rent
receivable – current
|
53,213
|
53,744
|
||||||
Rent
receivable – deferred
|
24,717
|
29,410
|
||||||
Investment
in marketable equity securities
|
18,052
|
32,036
|
||||||
Other
assets
|
81,194
|
89,574
|
||||||
$ |
5,675,174
|
$ |
4,624,857
|
|||||
Liabilities
and Shareholders’ Equity:
|
||||||||
Liabilities:
|
||||||||
Mortgages
and notes payable
|
$ |
2,598,230
|
$ |
2,126,810
|
||||
Exchangeable
notes payable
|
450,000
|
—
|
||||||
Trust
notes payable
|
200,000
|
—
|
||||||
Contract
rights payable
|
12,823
|
12,231
|
||||||
Dividends
payable
|
31,021
|
44,948
|
||||||
Liabilities
– discontinued operations
|
3,169
|
6,064
|
||||||
Accounts
payable and other liabilities
|
34,744
|
25,877
|
||||||
Accrued
interest payable
|
24,804
|
10,818
|
||||||
Deferred
revenue - below market leases
|
348,967
|
362,815
|
||||||
Prepaid
rent
|
16,026
|
10,109
|
||||||
3,719,784
|
2,599,672
|
|||||||
Minority
interests
|
818,069
|
902,741
|
||||||
4,537,853
|
3,502,413
|
|||||||
Commitments
and contingencies (notes 12 and 13)
|
||||||||
Shareholders’
equity:
|
||||||||
Preferred
shares, par value $0.0001 per share; authorized 100,000,000
shares,
|
||||||||
Series
B Cumulative Redeemable Preferred, liquidation preference $79,000,
3,160,000 shares issued and outstanding
|
76,315
|
76,315
|
||||||
Series
C Cumulative Convertible Preferred, liquidation preference $155,000,
3,100,000 shares issued and outstanding
|
150,589
|
150,589
|
||||||
Series
D Cumulative Redeemable Preferred, liquidation preference $155,000,
6,200,000 shares issued and outstanding in 2007
|
149,774
|
—
|
||||||
Special
Voting Preferred Share, par value $0.0001 per share; authorized,
issued
and outstanding 1 share
|
—
|
—
|
||||||
Common
shares, par value $0.0001 per share; authorized 400,000,000 shares,
63,964,637 and 69,051,781 shares issued and outstanding in 2007
and 2006,
respectively
|
6
|
7
|
||||||
Additional
paid-in-capital
|
1,084,665
|
1,188,900
|
||||||
Accumulated
distributions in excess of net income
|
(324,822 | ) | (294,640 | ) | ||||
Accumulated
other comprehensive income
|
794
|
1,273
|
||||||
1,137,321
|
1,122,444
|
|||||||
$ |
5,675,174
|
$ |
4,624,857
|
|||||
The
accompanying notes are an integral part of these unaudited condensed
consolidated financial statements
|
CONDENSED
CONSOLIDATED STATEMENTS OF OPERATIONS
|
Three
and Six months ended June 30, 2007 and 2006
|
(Unaudited
and in thousands, except share and per share
data)
|
Three
Months Ended
|
Six
Months Ended
|
|||||||||||||||
June
30,
|
June
30,
|
|||||||||||||||
2007
|
2006
|
2007
|
2006
|
|||||||||||||
Gross
revenues:
|
||||||||||||||||
Rental
|
$ |
102,460
|
$ |
43,781
|
$ |
189,187
|
$ |
89,654
|
||||||||
Advisory
and incentive fees
|
11,224
|
1,338
|
11,943
|
2,401
|
||||||||||||
Tenant
reimbursements
|
6,769
|
3,887
|
12,420
|
8,320
|
||||||||||||
Total
gross revenues
|
120,453
|
49,006
|
213,550
|
100,375
|
||||||||||||
Expense
applicable to revenues:
|
||||||||||||||||
Depreciation
and amortization
|
(57,620 | ) | (19,594 | ) | (110,186 | ) | (39,078 | ) | ||||||||
Property
operating
|
(13,869 | ) | (7,308 | ) | (25,417 | ) | (15,004 | ) | ||||||||
General
and administrative
|
(12,355 | ) | (4,858 | ) | (21,142 | ) | (10,475 | ) | ||||||||
Non-operating
income
|
2,577
|
5,911
|
5,219
|
6,706
|
||||||||||||
Interest
and amortization expense
|
(39,441 | ) | (17,571 | ) | (72,319 | ) | (34,940 | ) | ||||||||
Debt
satisfaction gains
|
—
|
1,241
|
—
|
294
|
||||||||||||
Impairment
loss
|
—
|
(1,121 | ) |
—
|
(1,121 | ) | ||||||||||
Income (loss)
before benefit (provision) for income taxes, minority interests,
equity in
earnings of non-consolidated entities and discontinued
operations
|
(255 | ) |
5,706
|
(10,295 | ) |
6,757
|
||||||||||
Benefit
(provision) for income taxes
|
(1,804 | ) |
82
|
(2,242 | ) |
155
|
||||||||||
Minority
interests share of income
|
(19,270 | ) | (798 | ) | (12,064 | ) | (970 | ) | ||||||||
Equity
in earnings of non-consolidated entities
|
38,388
|
848
|
41,897
|
2,116
|
||||||||||||
Income
from continuing operations
|
17,059
|
5,838
|
17,296
|
8,058
|
||||||||||||
Discontinued
operations:
|
||||||||||||||||
Income
from discontinued operations
|
4,905
|
1,302
|
7,508
|
3,281
|
||||||||||||
Provision
for income taxes
|
(2,510 | ) | (25 | ) | (2,614 | ) | (74 | ) | ||||||||
Debt
satisfaction (charges) gains
|
(89 | ) |
5,843
|
(89 | ) |
5,765
|
||||||||||
Gains
on sales of properties
|
12,828
|
14,263
|
12,828
|
16,916
|
||||||||||||
Minority
interests share of income
|
(3,254 | ) | (1,701 | ) | (3,775 | ) | (2,348 | ) | ||||||||
Total
discontinued operations
|
11,880
|
19,682
|
13,858
|
23,540
|
||||||||||||
Net
income
|
28,939
|
25,520
|
31,154
|
31,598
|
||||||||||||
Dividends
attributable to preferred shares – Series B
|
(1,590 | ) | (1,590 | ) | (3,180 | ) | (3,180 | ) | ||||||||
Dividends
attributable to preferred shares – Series C
|
(2,519 | ) | (2,519 | ) | (5,038 | ) | (5,038 | ) | ||||||||
Dividends
attributable to preferred shares – Series D
|
(2,925 | ) |
—
|
(4,447 | ) |
—
|
||||||||||
Net
income allocable to common shareholders
|
$ |
21,905
|
$ |
21,411
|
$ |
18,489
|
$ |
23,380
|
||||||||
Income per
common share – basic:
|
||||||||||||||||
Income from
continuing operations, after preferred
|
||||||||||||||||
dividends
|
$ |
0.16
|
$ |
0.03
|
$ |
0.07
|
$ |
—
|
||||||||
Income
from discontinued operations
|
0.18
|
0.38
|
0.21
|
0.45
|
||||||||||||
Net
income allocable to common shareholders
|
$ |
0.34
|
$ |
0.41
|
$ |
0.28
|
$ |
0.45
|
||||||||
Weighted
average common shares outstanding – basic
|
65,265,217
|
52,116,003
|
66,892,769
|
51,980,753
|
||||||||||||
Income per
common share – diluted:
|
||||||||||||||||
Income
from continuing operations, after preferred
|
||||||||||||||||
dividends
|
$ |
0.16
|
$ |
0.03
|
$ |
0.07
|
$ |
—
|
||||||||
Income
from discontinued operations
|
0.18
|
0.38
|
0.21
|
0.45
|
||||||||||||
Net
income allocable to common shareholders
|
$ |
0.34
|
$ |
0.41
|
$ |
0.28
|
$ |
0.45
|
||||||||
Weighted
average common shares outstanding – diluted
|
65,265,828
|
52,136,573
|
66,893,390
|
52,006,725
|
||||||||||||
The
accompanying notes are an integral part of these unaudited
condensed
consolidated financial statements.
|
LEXINGTON
REALTY TRUST AND CONSOLIDATED SUBSIDIARIES
|
CONDENSED
CONSOLIDATED STATEMENTS OF COMPREHENSIVE
INCOME
|
Three
and Six months ended June 30, 2007 and 2006
|
(Unaudited
and in thousands)
|
Three
Months Ended
|
Six
Months Ended
|
|||||||||||||||
June
30,
|
June
30,
|
|||||||||||||||
2007
|
2006
|
2007
|
2006
|
|||||||||||||
Net
income
|
$ |
28,939
|
$ |
25,520
|
$ |
31,154
|
$ |
31,598
|
||||||||
Other
comprehensive income (loss):
|
||||||||||||||||
Change
in unrealized gain in marketable equity securities
|
(362 | ) | (92 | ) | (520 | ) | (92 | ) | ||||||||
Change
in unrealized gain in foreign currency translation
|
5
|
293
|
41
|
143
|
||||||||||||
Comprehensive
income
|
$ |
28,582
|
$ |
25,721
|
$ |
30,675
|
$ |
31,649
|
||||||||
The
accompanying notes are an integral part of these unaudited condensed
consolidated financial statements.
|
LEXINGTON
REALTY TRUST AND CONSOLIDATED SUBSIDIARIES
|
CONDENSED
CONSOLIDATED STATEMENTS OF CASH FLOWS
|
Six
months ended June 30, 2007 and 2006
|
(Unaudited
and in thousands)
|
2007
|
2006
|
|||||||
Net
cash provided by operating activities
|
$ |
152,604
|
$ |
53,784
|
||||
Cash
flows from investing activities:
|
||||||||
Acquisition
of interest in certain non-consolidated entities
|
(366,614 | ) |
—
|
|||||
Investment
in real estate, including intangibles
|
(133,722 | ) | (52,283 | ) | ||||
Acquisitions
of additional interests in LSAC
|
(24,114 | ) |
—
|
|||||
Issuance
of notes receivable - affiliate
|
—
|
(8,300 | ) | |||||
Investment
in note receivable
|
—
|
(11,144 | ) | |||||
Net
proceeds from sale/transfer of properties
|
108,523
|
55,762
|
||||||
Proceeds
from the sale of marketable equity securities
|
13,077
|
—
|
||||||
Real
estate deposits
|
(890 | ) | (1,726 | ) | ||||
Principal
payments received on loan receivable
|
1,332
|
—
|
||||||
Distributions
from non-consolidated entities in excess of accumulated
earnings
|
7,823
|
11,927
|
||||||
Investment
in and advances to / from non-consolidated entities
|
(45,824 | ) | (10,154 | ) | ||||
Investment
in marketable equity securities
|
(723 | ) | (4,314 | ) | ||||
Increase
in deferred leasing costs
|
(2,480 | ) | (1,038 | ) | ||||
Decrease (increase)
in escrow deposits
|
33,905
|
(822 | ) | |||||
Net
cash used in investing activities
|
(409,707 | ) | (22,092 | ) | ||||
Cash
flows from financing activities:
|
||||||||
Dividends
to common and preferred shareholders
|
(75,353 | ) | (46,730 | ) | ||||
Principal
payments on debt, excluding normal amortization
|
(570,730 | ) | (51,071 | ) | ||||
Dividend
reinvestment plan proceeds
|
5,652
|
6,537
|
||||||
Principal
amortization payments
|
(36,034 | ) |
(13,573
|
) | ||||
Proceeds
of mortgages and notes payable
|
67,225
|
77,936
|
||||||
Proceeds
from term loan
|
225,000
|
—
|
||||||
Proceeds
from trust preferred notes
|
200,000
|
—
|
||||||
Proceeds
from exchangeable notes
|
450,000
|
—
|
||||||
Increase
in deferred financing costs
|
(16,986 | ) | (939 | ) | ||||
Contributions
from minority partners
|
79
|
810
|
||||||
Cash
distributions to minority partners
|
(46,030 | ) | (3,996 | ) | ||||
Proceeds
from the sale of common and preferred shares, net
|
149,909
|
253
|
||||||
Repurchase
of common shares
|
(134,068 | ) |
—
|
|||||
Partnership
units repurchased
|
(3,114 | ) | (116 | ) | ||||
Net
cash provided by (used in) financing activities
|
215,550
|
(30,889 | ) | |||||
Cash
acquired in co-investment program acquisition
|
20,867
|
—
|
||||||
Cash
associated with sale of interest in entity
|
(1,442 | ) |
—
|
|||||
Change
in cash and cash equivalents
|
(22,128 | ) |
803
|
|||||
Cash
and cash equivalents, at beginning of period
|
97,547
|
53,515
|
||||||
Cash
and cash equivalents, at end of period
|
$ |
75,419
|
$ |
54,318
|
(1)
|
The
Company
|
|
·
|
A
wholly owned portfolio of core
office assets;
|
|
·
|
A
wholly owned portfolio of core
warehouse/distribution
assets;
|
|
·
|
A
continuing 50% interest in a
joint venture that invests in senior and subordinated debt interests
secured by both net-leased and multi-tenanted real estate
collateral;
|
|
·
|
A
minority interest in a
to-be-formed joint venture that invests in specialty single-tenant
real
estate assets; and
|
|
·
|
Equity
securities in other net
lease companies owned either individually or through an interest
in one or
more joint ventures.
|
|
·
|
acquired
all of the outstanding interests not otherwise owned by the Company
in
Triple Net Investment Company LLC, one of the Company’s co-investment
programs, which resulted in the Company becoming the sole owner of
the
co-investment program’s 15 primarily single tenant net leased
properties;
|
|
·
|
acquired
all of the outstanding
interests not otherwise owned by the Company in Lexington Acquiport
Company, LLC and Lexington Acquiport Company II, LLC, two of the
Company’s
co-investment programs, which resulted in the Company becoming the
sole
owner of the co-investment program’s 26 primarily single tenant net leased
properties;
|
|
·
|
terminated
Lexington/Lion Venture
L.P., one of its co-investment programs, and was distributed 7 primarily
single tenant net leased properties owned by the co-investment
program;
|
|
·
|
announced
a disposition program,
whereby the Company is marketing approximately 140 non-core assets
for
sale; and
|
|
·
|
announced
its intention to create
a joint venture with an institutional funding source to invest in
“core
plus” net leased assets, such as manufacturing assets, call centers and
other specialty assets.
|
(2)
|
Summary
of Significant Accounting
Policies
|
Three
Months Ended
|
Six
Months Ended
|
|||||||||||||||
June
30,
|
June
30,
|
|||||||||||||||
2007
|
2006
|
2007
|
2006
|
|||||||||||||
BASIC
|
||||||||||||||||
Income
from continuing operations
|
$ |
17,059
|
$ |
5,838
|
$ |
17,296
|
$ |
8,058
|
||||||||
Less
preferred dividends
|
(7,034 | ) | (4,109 | ) | (12,665 | ) | (8,218 | ) | ||||||||
Income
(loss) allocable to common
|
||||||||||||||||
shareholders from
continuing operations
|
10,025
|
1,729
|
4,631
|
(160 | ) | |||||||||||
Total
income from discontinued operations
|
11,880
|
19,682
|
13,858
|
23,540
|
||||||||||||
Net
income allocable to common shareholders
|
$ |
21,905
|
$ |
21,411
|
$ |
18,489
|
$ |
23,380
|
||||||||
Weighted
average number of common shares outstanding
-basic
|
65,265,217
|
52,116,003
|
66,892,769
|
51,980,753
|
||||||||||||
Income
per common share – basic:
|
||||||||||||||||
Income
from continuing operations
|
$ |
0.16
|
$ |
0.03
|
$ |
0.07
|
$ |
—
|
||||||||
Income
from discontinued operations
|
0.18
|
0.38
|
0.21
|
0.45
|
||||||||||||
Net
income
|
$ |
0.34
|
$ |
0.41
|
$ |
0.28
|
$ |
0.45
|
||||||||
DILUTED
|
||||||||||||||||
Income
(loss) allocable to common
|
||||||||||||||||
shareholders
from continuing operations –
basic
|
$ |
10,025
|
$ |
1,729
|
$ |
4,631
|
$ | (160 | ) | |||||||
Incremental
income attributed to assumed conversion of dilutive
securities
|
—
|
—
|
—
|
—
|
||||||||||||
Income
(loss) allocable to common
|
||||||||||||||||
shareholders from
continuing operations
|
10,025
|
1,729
|
4,631
|
(160 | ) | |||||||||||
Total
income from discontinued operations
|
11,880
|
19,682
|
13,858
|
23,540
|
||||||||||||
Net
income allocable to common shareholders
|
$ |
21,905
|
$ |
21,411
|
$ |
18,489
|
$ |
23,380
|
||||||||
Weighted
average number of common shares used in calculation of basic
earnings per share
|
65,265,217
|
52,116,003
|
66,892,769
|
51,980,753
|
||||||||||||
Add
incremental shares representing:
|
||||||||||||||||
Shares
issuable upon exercise of employee share
|
||||||||||||||||
options
|
611
|
20,570
|
621
|
25,972
|
||||||||||||
Shares
issuable upon conversion of dilutive
|
||||||||||||||||
securities
|
—
|
—
|
—
|
—
|
||||||||||||
Weighted
average number of common shares outstanding- diluted
|
65,265,828
|
52,136,573
|
66,893,390
|
52,006,725
|
||||||||||||
Income
per common share - diluted:
|
||||||||||||||||
Income
from continuing operations
|
$ |
0.16
|
$ |
0.03
|
$ |
0.07
|
$ |
—
|
||||||||
Income
from discontinued operations
|
0.18
|
0.38
|
0.21
|
0.45
|
||||||||||||
Net
income
|
$ |
0.34
|
$ |
0.41
|
$ |
0.28
|
$ |
0.45
|
(4)
|
|
Investments
in Real Estate and Intangibles
|
Six
Months Ended June 30, 2006
|
Three
Months Ended June 30, 2006
|
||||||||
(unaudited)
|
(unaudited)
|
||||||||
Total
gross revenues
|
$ |
183,608
|
$ |
94,641
|
|||||
Net
income
|
$ |
26,680
|
$ |
24,011
|
|||||
Net
income per common share
|
|||||||||
after
preferred dividends
|
|||||||||
basic
|
$ |
0.27
|
$ |
0.29
|
|||||
diluted
|
$ |
0.14
|
$ |
0.16
|
(5)
|
Discontinued
Operations
|
Three
Months Ended June 30,
|
Six
Months Ended June 30,
|
||||||||||||||||
2007
|
2006
|
2007
|
2006
|
||||||||||||||
Rental
revenues
|
$ |
6,146
|
$ |
2,987
|
$ |
11,312
|
$ |
7,223
|
|||||||||
Pre-tax
income, including gains on sales
|
$ |
14,390
|
$ |
19,707
|
$ |
16,472
|
$ |
23,614
|
6/30/2007
|
|||||
Investments
|
$ |
1,024,615
|
|||
Cash
|
13,924
|
||||
Warehouse
debt facilities
|
415,132
|
||||
Collateralized
debt obligations
|
376,650
|
||||
2007
|
|||||
Interest
income
|
$ |
28,204
|
|||
Interest
expense
|
(16,609 | ) | |||
Other
expense
|
(2,430 | ) | |||
Net
income
|
$ |
9,165
|
(15)
|
Subsequent
Events
|
|
·
|
funded
$12,542 to Lex-Win in connection with its purchase of 4.8 million
shares
of Wells; and
|
|
·
|
borrowed
$12,000 under its line of credit.
|
|
·
|
A
wholly owned portfolio of core
office assets;
|
|
·
|
A
wholly owned portfolio of core
warehouse/distribution
assets;
|
|
·
|
A
continuing 50% interest in a
joint venture that invests in senior and subordinated debt interests
secured by both net-leased and multi-tenanted real estate
collateral;
|
|
·
|
A
minority interest in a
to-be-formed joint venture that invests in specialty single-tenant
real
estate assets; and
|
|
·
|
Equity
securities in other net
lease companies owned either individually or through an interest
in one or
more joint ventures.
|
|
·
|
acquired
all of the outstanding interests not otherwise owned by us in Triple
Net
Investment Company LLC, one of our co-investment programs, which
resulted
in us becoming the sole owner of the co-investment program's 15 primarily
single tenant net leased
properties;
|
|
·
|
acquired
all of the outstanding
interests not otherwise owned by us in Lexington Acquiport Company,
LLC
and Lexington Acquiport Company II, LLC, two of our co-investment
programs, which resulted in us becoming the sole owner of the
co-investment program's 26 primarily single tenant net leased
properties;
|
|
·
|
terminated
Lexington/Lion Venture
L.P., one of our co-investment programs, and were distributed 7 primarily
single tenant net leased properties owned by the co-investment
program;
|
|
·
|
announced
a disposition program,
whereby we are marketing approximately 140 non-core assets for sale;
and
|
|
·
|
announced
our intention to create
a joint venture with an institutional funding source to invest in
“core
plus” net leased assets, such as manufacturing assets, call centers and
other specialty assets.
|
ITEM
1.
|
Legal
Proceedings.
|
ITEM
1A.
|
Risk
Factors.
|
ITEM
2.
|
Unregistered
Sales of Equity Securities and Use of
Proceeds.
|
Period
|
Total
number of Shares/ Units Purchased
|
Average
Price Paid Per Share/ Units
|
Total
Number of Shares/Units Purchased as Part of Publicly Announced Plans
Programs
|
Maximum
Number of Shares That May Yet Be Purchased Under the Plans or
Programs
|
||||||||||||
April
1 -30, 2007
|
444,117
|
$ |
21.16
|
444,117
|
5,968,661
|
|||||||||||
May
1 -31, 2007
|
—
|
—
|
—
|
5,968,661
|
||||||||||||
June
1-30, 2007
|
2,048,456
|
$ |
20.96
|
2,048,456
|
3,920,205
|
|||||||||||
Second
Quarter 2007
|
2,492,573
|
$ |
21.00
|
2,492,573
|
3,920,205
|
ITEM
3.
|
Defaults
Upon Senior Securities - not
applicable.
|
ITEM
4.
|
Submission
of Matters to a Vote of Security
Holders
|
Nominee
for Trustee
|
For
|
Withhold
|
||
Michael
L. Ashner
|
94,735,663
|
2,106,067
|
||
E.
Robert Roskind
|
93,408,485
|
3,433,245
|
||
Richard
J. Rouse
|
93,405,352
|
3,436,378
|
||
T.
Wilson Eglin
|
95,861,481
|
980,249
|
||
William
J. Borruso
|
96,159,311
|
682,419
|
||
Clifford
Broser
|
95,160,467
|
1,681,263
|
||
Geoffrey
Dohrmann
|
96,278,050
|
563,680
|
||
Carl
D. Glickman
|
95,984,151
|
857,579
|
||
James
Grosfeld
|
96,151,550
|
690,180
|
||
Richard
Frary
|
96,278,853
|
562,877
|
||
Kevin
W. Lynch
|
94,829,510
|
2,012,220
|
For
|
Against
|
Abstain
|
||
75,490,907
|
7,408,832
|
465,125
|
For
|
Against
|
Abstain
|
||
95,129,603
|
1,456,178
|
255,949
|
ITEM
5.
|
Other
Information - not applicable.
|
ITEM
6.
|
Exhibits
|
Exhibit
No.
|
Description
|
|
2.1
|
—
|
Agreement
and Plan of Merger, dated July 23, 2006, by and between Newkirk Realty
Trust, Inc. (“Newkirk”) and Lexington Realty Trust (formerly known as
Lexington Corporate Properties Trust, the “Company”) (filed as Exhibit 2.1
to the Company’s Current Report on Form 8-K filed July 24, 2006 (the
“07/24/06 8-K”)) (1)
|
2.2
|
—
|
Amendment
No. 1 to Agreement and Plan of Merger, dated as of September 11,
2006, by
and between Newkirk and the Company (filed as Exhibit 2.1 to the
Company’s
Current Report on Form 8-K filed September 13, 2006 (the “09/13/06 8-K”))
(1)
|
2.3
|
—
|
Amendment
No. 2 to Agreement and Plan of Merger, dated as of October 13, 2006,
by
and between Newkirk and the Company (filed as Exhibit 2.1 to the
Company’s
Current Report on Form 8-K filed October 13, 2006) (1)
|
3.1
|
—
|
Articles
of Merger and Amended and Restated Declaration of Trust of the Company,
dated December 31, 2006 (filed as Exhibit 3.1 to the Company’s Current
Report on Form 8-K filed January 8, 2007 (the “01/08/07 8-K”))
(1)
|
3.2
|
—
|
Articles
Supplementary Relating to the 7.55% Series D Cumulative Redeemable
Preferred Stock, par value $.0001 per share (filed as Exhibit 3.3
to the
Company’s Registration Statement on Form 8A filed February 14, 2007 (the
“02/14/07 Registration Statement”)) (1)
|
3.3
|
—
|
Amended
and Restated By-laws of the Company (filed as Exhibit 3.2 to the
01/08/07
8-K) (1)
|
3.4
|
—
|
Fifth
Amended and Restated Agreement of Limited Partnership of Lepercq
Corporate
Income Fund L.P. (“LCIF”), dated as of December 31, 1996, as supplemented
(the “LCIF Partnership Agreement”) (filed as Exhibit 3.3 to the Company’s
Registration Statement of Form S-3/A filed September 10, 1999 (the
“09/10/99 Registration Statement”)) (1)
|
3.5
|
—
|
Amendment
No. 1 to the LCIF Partnership Agreement dated as of December 31,
2000
(filed as Exhibit 3.11 to the Company’s Annual Report on Form 10-K for the
year ended December 31, 2003, filed February 26, 2004 (the “2003 10-K”))
(1)
|
3.6
|
—
|
First
Amendment to the LCIF Partnership Agreement effective as of June
19, 2003
(filed as Exhibit 3.12 to the 2003 10-K) (1)
|
3.7
|
—
|
Second
Amendment to the LCIF Partnership Agreement effective as of June
30, 2003
(filed as Exhibit 3.13 to the 2003 10-K) (1)
|
3.8
|
—
|
Third
Amendment to the LCIF Partnership Agreement effective as of December
31,
2003 (filed as Exhibit 3.13 to the Company’s Annual Report on Form 10-K
for the year ended December 31, 2004, filed on March 16, 2005 (the
“2004
10-K”)) (1)
|
3.9
|
—
|
Fourth
Amendment to the LCIF Partnership Agreement effective as of October
28,
2004 (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K
filed November 4, 2004) (1)
|
3.10
|
—
|
Fifth
Amendment to the LCIF Partnership Agreement effective as of December
8,
2004 (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K
filed December 14, 2004 (the “12/14/04 8-K”)) (1)
|
3.11
|
—
|
Sixth
Amendment to the LCIF Partnership Agreement effective as of June
30, 2003
(filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed
January 3, 2005 (the “01/03/05 8-K”)) (1)
|
3.12
|
—
|
Seventh
Amendment to the LCIF Partnership Agreement (filed as Exhibit 10.1
to the
Company’s Current Report on Form 8-K filed November 3,
2005)(1)
|
3.13
|
—
|
Second
Amended and Restated Agreement of Limited Partnership of Lepercq
Corporate
Income Fund II L.P. (“LCIF II”), dated as of August 27, 1998 the (“LCIF II
Partnership Agreement”) (filed as Exhibit 3.4 to the 9/10/99 Registration
Statement)(1)
|
3.14
|
—
|
First
Amendment to the LCIF II Partnership Agreement effective as of June
19,
2003 (filed as Exhibit 3.14 to the 2003 10-K) (1)
|
3.15
|
—
|
Second
Amendment to the LCIF II Partnership Agreement effective as of June
30,
2003 (filed as Exhibit 3.15 to the 2003 10-K) (1)
|
3.16
|
—
|
Third
Amendment to the LCIF II Partnership Agreement effective as of December
8,
2004 (filed as Exhibit 10.2 to 12/14/04 8-K) (1)
|
3.17
|
—
|
Fourth
Amendment to the LCIF II Partnership Agreement effective as of January
3,
2005 (filed as Exhibit 10.2 to 01/03/05 8-K) (1)
|
3.18
|
—
|
Fifth
Amendment to the LCIF II Partnership Agreement effective as of July
23,
2006 (filed as Exhibit 99.5 to the 07/24/06 8-K) (1)
|
3.19
|
—
|
Sixth
Amendment to the LCIF II Partnership Agreement effective as of December
20, 2006 (filed as Exhibit 10.1 to the Company’s Current Report on Form
8-K filed December 22, 2006)(1)
|
3.20
|
—
|
Amended
and Restated Agreement of Limited Partnership of Net 3 Acquisition
L.P.
(the “Net 3 Partnership Agreement”) (filed as Exhibit 3.16 to the
Company’s Registration Statement of Form S-3 filed November 16, 2006)
(1)
|
3.21
|
—
|
First
Amendment to the Net 3 Partnership Agreement effective as of November
29,
2001 (filed as Exhibit 3.17 to the 2003 10-K) (1)
|
3.22
|
—
|
Second
Amendment to the Net 3 Partnership Agreement effective as of June
19, 2003
(filed as Exhibit 3.18 to the 2003 10-K) (1)
|
3.23
|
—
|
Third
Amendment to the Net 3 Partnership Agreement effective as of June
30, 2003
(filed as Exhibit 3.19 to the 2003 10-K) (1)
|
3.24
|
—
|
Fourth
Amendment to the Net 3 Partnership Agreement effective as of December
8,
2004 (filed as Exhibit 10.3 to 12/14/04 8-K) (1)
|
3.25
|
—
|
Fifth
Amendment to the Net 3 Partnership Agreement effective as of January
3,
2005 (filed as Exhibit 10.3 to 01/03/05 8-K) (1)
|
3.26
|
—
|
Second
Amended and Restated Agreement of Limited Partnership of The Lexington
Master Limited Partnership (formerly known as The Newkirk Master
Limited
Partnership, the “MLP”), dated as of December 31, 2006, between Lex GP-1
Trust and Lex LP-1 Trust (filed as Exhibit 10.4 to the 01/08/07 8-K)
(1)
|
4.1
|
—
|
Specimen
of Common Shares Certificate of the Company (filed as Exhibit 4.1
to the
Company’s Annual Report on Form 10-K for the year ended December 31, 2006
(the “2006 10-K”)) (1)
|
4.2
|
—
|
Form
of 8.05% Series B Cumulative Redeemable Preferred Stock certificate
(filed
as Exhibit 4.1 to the Company’s Registration Statement on Form 8A filed
June 17, 2003) (1)
|
4.3
|
—
|
Form
of 6.50% Series C Cumulative Convertible Preferred Stock certificate
(filed as Exhibit 4.1 to the Company’s Registration Statement on Form 8A
filed December 8, 2004) (1)
|
4.4
|
—
|
Form
of 7.55% Series D Cumulative Redeemable Preferred Stock certificate
(filed
as Exhibit 4.1 to the 02/14/07 Registration Statement)
(1)
|
4.5
|
—
|
Form
of Special Voting Preferred Stock certificate (filed as Exhibit 4.5
to the
2006 10-K) (1)
|
4.6
|
—
|
Indenture,
dated as of January 29, 2007, among The Lexington Master Limited
Partnership, the Company, the other guarantors named therein and
U.S. Bank
National Association, as trustee (filed as Exhibit 4.1 to the Company’s
Current Report on Form 8-K filed January 29, 2007 (the “01/29/07 8-K”))
(1)
|
4.7
|
—
|
First
Supplemental Indenture, dated as of January 29, 2007, among The Lexington
Master Limited Partnership, the Company, the other guarantors named
therein and U.S. Bank National Association, as trustee, including
the Form
of 5.45% Exchangeable Guaranteed Notes due 2027 (filed as Exhibit
4.2 to
the 01/29/07 8-K) (1)
|
4.8
|
—
|
Second Supplemental
Indenture, dated as of March 9, 2007, among The Lexington Master
Limited
Partnership, the Company, the other guarantors named therein and
U.S. Bank
National Association, as trustee, including the Form of 5.45% Exchangeable
Guaranteed Notes due 2027 (filed as Exhibit 4.3 to the Company’s Current
Report on form 8-k filed on March 9, 2007 (the “03/09/07 8-K”))
(1)
|
4.9
|
—
|
Amended
and Restated Trust Agreement, dated March 21, 2007, among Lexington
Realty
Trust, The Bank of New York Trust Company, National Association,
The Bank
of New York (Delaware), the Administrative Trustees (as named therein)
and
the several holders of the Preferred Securities from time to time
(filed
as Exhibit 4.1 to the Company’s Current Report on Form 8-K filed on March
27, 2007 (the “03/27/2007 8-K”)) (1)
|
4.10
|
—
|
Third
Supplemental Indenture, dated as of June 19, 207, among the MLP,
the
Company, the other guarantors named therein and U.S. bank National
Association, as trustee, including the form of 5.45% Exchangeable
Guaranteed Notes due 2027 (filed as Exhibit 4.1 to the Company’s Report on
form 8-k filed on June 22, 2007 (1)
|
4.11
|
—
|
Junior
Subordinated Indenture, dated as of March 21, 2007, between Lexington
Realty Trust and The Bank
|
of New York Trust Company, National Association (filed as Exhibit 4.2 to the 03/27/07 8-K) (1) | ||
9.1
|
—
|
Voting
Trustee Agreement, dated as of December 31, 2006, among the Company,
The
Lexington Master Limited Partnership and NKT Advisors LLC (filed
as
Exhibit 10.6 to the 01/08/07 8-K) (1)
|
10.1
|
—
|
Form
of 1994 Outside Director Shares Plan of the Company (filed as Exhibit
10.8
to the Company’s Annual Report on Form 10-K for the year ended December
31, 1993) (1, 4)
|
10.2
|
—
|
Amended
and Restated 2002 Equity-Based Award Plan of the Company (filed as
Exhibit
10.54 to the Company’s Annual Report on Form 10-K for the year ended
December 31, 2002, filed on March 24, 2003 (the “2002 10-K”))
(1)
|
10.3
|
—
|
1994
Employee Stock Purchase Plan (filed as Exhibit D to the Company’s
Definitive Proxy Statement dated April 12, 1994) (1, 4)
|
10.4
|
—
|
1998
Share Option Plan (filed as Exhibit A to the Company’s Definitive Proxy
Statement filed on April 22, 1998) (1, 4)
|
10.5
|
—
|
Amendment
to 1998 Share Option Plan (filed as Exhibit 10.3 to the Company’s Current
Report on Form 8-K filed on February 6, 2006 (the “02/06/06 8-K”)) (1,
4)
|
10.6
|
—
|
Amendment
to 1998 Share Option Plan (filed as Exhibit 10.3 to the Company’s Current
Report on Form 8-K filed on January 3, 2007 (the “01/03/07 8-K”)) (1,
4)
|
10.7
|
—
|
Form
of Compensation Agreement (Bonus and Long-Term Compensation) between
the
Company and John B. Vander Zwaag (filed as Exhibit 10.13 to the 2004
10-K)
(1, 4)
|
10.8
|
—
|
2007
Outperformance Program (filed as Exhibit 10.1 to the Company’s Current
Report on Form 8-K filed on April 5, 2007) (1,4)
|
10.9
|
—
|
Form
of Compensation Agreement (Long-Term Compensation) between the Company
and
the following officers: Richard J. Rouse and Patrick Carroll (filed
as
Exhibit 10.15 to the 2004 10-K) (1, 4)
|
10.10
|
—
|
Form
of Compensation Agreement (Bonus and Long-Term Compensation) between
the
Company and the following officers: E. Robert Roskind and T. Wilson
Eglin
(filed as Exhibit 10.16 to the 2004 10-K) (1, 4)
|
10.11
|
—
|
Form
of Nonvested Share Agreement (Performance Bonus Award) between the
Company
and the following officers: E. Robert Roskind, T. Wilson Eglin, Richard
J.
Rouse and Patrick Carroll (filed as Exhibit 10.1 to the 02/06/06
8-K) (1,
4)
|
10.12
|
—
|
Form
of Nonvested Share Agreement (Long-Term Incentive Award) between
the
Company and the following officers: E. Robert Roskind, T. Wilson
Eglin,
Richard J. Rouse, Patrick Carroll and John B. Vander Zwaag (filed
as
Exhibit 10.2 to the 02/06/06 8-K) (1, 4)
|
10.13
|
—
|
Form
of the Company’s Nonvested Share Agreement, dated as of December 28, 2006
(filed as Exhibit 10.2 to the 01/03/07 8-K) (1,4)
|
10.14
|
—
|
Form
of Lock-Up and Claw-Back Agreement, dated as of December 28, 2006
(filed
as Exhibit 10.4 to the 01/03/07 8-K) (1)
|
10.15
|
—
|
Form
of Rescission of Restricted Share Award Agreement under the LSAC
2005
Equity Incentive Compensation Plan (filed as Exhibit 10.2 to the
10/06/05
8-K) (1, 4)
|
10.16
|
—
|
Employment
Agreement between the Company and E. Robert Roskind, dated May 4,
2006
(filed as Exhibit 99.1 to the Company’s Current Report on Form 8-K filed
May 5, 2006 (the “05/05/06 8-K”)) (1, 4)
|
10.17
|
—
|
Employment
Agreement between the Company and T. Wilson Eglin, dated May 4, 2006
(filed as Exhibit 99.2 to the 05/05/06 8-K) (1, 4)
|
10.18
|
—
|
Employment
Agreement between the Company and Richard J. Rouse, dated May 4,
2006
(filed as Exhibit 99.3 to the 05/05/06 8-K) (1, 4)
|
10.19
|
—
|
Employment
Agreement between the Company and Patrick Carroll, dated May 4, 2006
(filed as Exhibit 99.4 to the 05/05/06 8-K) (1, 4)
|
10.20
|
—
|
Employment
Agreement between the Company and John B. Vander Zwaag, dated May
4, 2006
(filed as Exhibit 99.5 to the 05/05/06 8-K) (1, 4)
|
10.21
|
—
|
Employment
Agreement, effective as of December 31, 2006, between the Company
and
Michael L. Ashner (filed as Exhibit 10.16 to the 01/08/07 8-K)
(1,4)
|
10.22
|
—
|
Waiver
Letters, dated as of July 23, 2006 and delivered by each of E. Robert
Roskind, Richard J. Rouse, T. Wilson Eglin, Patrick Carroll and John
B.
Vander Zwaag (filed as Exhibit 10.17 to the 01/08/07 8-K)
(1)
|
10.23
|
2007
Trustee Fees Term Sheet (detailed on the Company’s Current Report on Form
8-K filed February 12, 2007) (1, 4)
|
|
10.24
|
—
|
Form
of Indemnification Agreement between the Company and certain officers
and
trustees (filed as Exhibit 10.3 to the 2002 10-K) (1)
|
10.25
|
—
|
Credit
Agreement among the Company, LCIF, LCIF II, Net 3 Acquisition L.P.,
jointly and severally as borrowers, certain subsidiaries of the Company,
as guarantors, Wachovia Capital Markets, LLC, as lead arranger, Wachovia
Bank, National Association, as agent, Key Bank, N.A., as Syndication
agent, each of Sovereign Bank and PNC Bank, National Association,
as
co-documentation agent, and each of the financial institutions initially
a
signatory thereto together with their assignees pursuant to Section
12.5(d) therein (filed as Exhibit 10.1 to the Company’s Current Report on
Form 8-K filed June 30, 2005) (1)
|
10.26
|
—
|
First
Amendment to Credit Agreement, dated as of June 1, 2006 (filed as
Exhibit
10.1 to the Company’s Current Report on Form 8-K filed June 2, 2006)
(1)
|
10.27
|
—
|
Second
Amendment to Credit Agreement, dated as of December 27, 2006 (filed
as
Exhibit 10.1 to the 01/03/07 8-K) (1)
|
10.28
|
—
|
Credit
Agreement, dated as of June 1, 2007, among the Company, the MLP,
LCIF,
LCIF II and Net 3, jointly and severally as borrowers, KeyBanc Capital
Markets, as lead arranger and book running manager, KeyBank National
Association, as agent, and each of the financial institutions initially
a
signatory thereto together with their assignees pursuant to Section
12.5.(d) therein (filed as Exhibit 10.1 to the Company’s Current Report on
Form 8-K filed on June 7, 2007 (the “06/07/2007 8-K”))
(1)
|
10.29
|
—
|
Master
Repurchase Agreement, dated May 24, 2006, between Bear, Stearns
International Limited and 111 Debt Acquisition-Two LLC (filed as
Exhibit
10.1 to Newkirk’s Current Report on Form 8-K filed May 30, 2006)
(1)
|
10.30
|
—
|
Master
Repurchase Agreement, dated March 30, 2006, among Column Financial
Inc.,
111 Debt Acquisition LLC, 111 Debt Acquisition Mezz LLC and Newkirk
(filed
as Exhibit 10.2 to Newkirk’s Current Report on Form 8-K filed April 5,
2006 (the “NKT 04/05/06 8-K”)) (1)
|
10.31
|
—
|
Limited
Liability Company Agreement of 111 Debt Holdings LLC, dated March
31,
2006, among the MLP, WRT Realty, L.P. and FUR Holdings LLC (filed
as
Exhibit 10.1 to the NKT 04/05/06 8-K) (1, 4)
|
10.32
|
—
|
Funding
Agreement, dated as of July 23, 2006, by and among LCIF, LCIF II
and Net 3
Acquisition L.P. (“Net 3”) and the Company (filed as Exhibit
99.4 to the 07/24/06 8-K) (1)
|
10.33
|
—
|
Funding
Agreement, dated as of December 31, 2006, by and among LCIF, LCIF
II, Net
3, the MLP and the Company (filed as Exhibit 10.2 to the 01/08/07
8-K)(1)
|
10.34
|
—
|
Guaranty
Agreement, effective as of December 31, 2006, between the Company
and the
MLP (filed as Exhibit 10.5 to the 01/08/07 8-K) (1)
|
10.35
|
—
|
Amended
and Restated Exclusivity Services Agreement, dated as of December
31,
2006, between the Company and Michael L. Ashner (filed as Exhibit
10.1 to
the 01/08/07 8-K) (1)
|
10.36
|
—
|
Transition
Services Agreement, dated as of December 31, 2006, between the
Company and
First Winthrop
|
Corporation (filed as Exhibit 10.3 to the 01/08/07 8-K) (1) | ||
10.37
|
—
|
Acquisition
Agreement, dated as of November 7, 2005, between Newkirk and First
Union
Real Estate Equity and Mortgage Investments (“First Union”) (filed as
Exhibit 10.4 to First Union’s Current Report on Form 8-K filed on November
10, 2005) (1)
|
10.38
|
—
|
Amendment
to Acquisition Agreement and Assignment and Assumption, dated as
of
December 31, 2006, among NKT, Winthrop Realty Trust and the Company
(filed
as Exhibit 10.7 to the 01/08/07 8-K) (1)
|
10.39
|
—
|
Letter
Agreement among Newkirk, Apollo Real Estate Investment Fund III,
L.P., the
MLP, NKT Advisors LLC, Vornado Realty Trust, VNK Corp., Vornado Newkirk
LLC, Vornado MLP GP LLC and WEM Bryn Mawr Associates LLC (filed as
Exhibit
10.15 to Amendment No. 5 to Newkirk Registration Statement on Form
S-11/A
filed October 28, 2005 (“Amendment No. 5 to NKT’s S-11”))
(1)
|
10.40
|
—
|
Amendment
to the Letter Agreement among Newkirk, Apollo Real Estate Investment
Fund
III, L.P., the MLP, NKT Advisors LLC, Vornado Realty Trust, Vornado
Realty
L.P., VNK Corp., Vornado Newkirk LLC, Vornado MLP GP LLC, and WEM-Brynmawr
Associates LLC (filed as Exhibit 10.25 to Amendment No. 5 to Newkirk’s
S-11) (1)
|
10.41
|
—
|
Ownership
Limit Waiver Agreement, dated as of December 31, 2006, between the
Company
and Vornado Realty, L.P. (filed as Exhibit 10.8 to the 01/08/07 8-K)
(1)
|
10.42
|
—
|
Ownership
Limit Waiver Agreement, dated as of December 31, 2006, between the
Company
and Apollo Real Estate Investment Fund III, L.P. (filed as Exhibit
10.9 to
the 01/08/07 8-K) (1)
|
10.43
|
—
|
Registration
Rights Agreement, dated as of December 31, 2006, between the Company
and
Michael L. Ashner (filed as Exhibit 10.10 to the 01/08/07 8-K)
(1)
|
10.44
|
—
|
Registration
Rights Agreement, dated as of December 31, 2006, between the Company
and
WEM-Brynmawr Associates LLC (filed as Exhibit 10.11 to the 01/08/07
8-K)
(1)
|
10.45
|
—
|
Registration
Rights Agreement, dated as of November 7, 2005, between Newkirk and
Vornado Realty Trust (filed as Exhibit 10.4 to Newkirk’s Current Report on
Form 8-K filed November 15, 2005 (“NKT’s 11/15/05 8-K”))
(1)
|
10.46
|
—
|
Registration
Rights Agreement, dated as of November 7, 2005, between Newkirk and
Apollo
Real Estate Investment Fund III, L.P. (“Apollo”) (filed as Exhibit 10.5 to
NKT’s 11/15/05 8-K) (1)
|
10.47
|
—
|
Registration
Rights Agreement, dated as of November 7, 2005, between the Company
and
First Union (filed as Exhibit 10.6 to NKT’s 11/15/05 8-K)
(1)
|
10.48
|
—
|
Assignment
and Assumption Agreement, effective as of December 31, 2006, among
Newkirk, the Company, and Vornado Realty L.P. (filed as Exhibit 10.12
to
the 01/08/07 8-K) (1)
|
10.49
|
—
|
Assignment
and Assumption Agreement, effective as of December 31, 2006 among
Newkirk,
the Company, and Apollo Real Estate Investment Fund III, L.P. (filed
as
Exhibit 10.13 to the 01/08/07 8-K) (1)
|
10.50
|
—
|
Assignment
and Assumption Agreement, effective as of December 31, 2006, among
Newkirk, the Company, and Winthrop Realty Trust filed as Exhibit
10.14 to
the 01/08/07 8-K) (1)
|
10.51
|
—
|
Registration
Rights Agreement, dated as of January 29, 2007, among the MLP, the
Company, LCIF, LCIF II, Net 3, Lehman Brothers Inc. and Bear, Stearns
& Co. Inc., for themselves and on behalf of the initial purchasers
named therein (filed as Exhibit 4.3 to the 01/29/07 8-K)
(1)
|
10.52
|
—
|
Common
Share Delivery Agreement, made as of January 29, 2007, between the
MLP and
the Company (filed as Exhibit 10.77 to the 2006 10-K)
(1)
|
10.53
|
—
|
Registration
Rights Agreement, dated as of March 9, 2007, among the MLP, the Company,
LCIF, LCIF II, Net 3, Lehman Brothers Inc. and Bear, Stearns & Co.
Inc., for themselves and on behalf of the initial purchasers named
therein
(filed as Exhibit 4.4 to the 03/09/07 8-K) (1)
|
10.54
|
—
|
Common
Share Delivery Agreement, made as of March 9, 2007, between the MLP
and
the Company (filed
|
as
Exhibit 4.5 to the 03/09/2007 8-K) (1)
|
||
10.55
|
—
|
Property
Management Agreement, dated as of December 31, 2006, among the Company,
the MLP, and Winthrop Management L.P. (filed as Exhibit 10.15 to
the
01/08/07 8-K) (1)
|
10.56
|
—
|
Contribution
Agreement, dated as of June 1, 2007, between the Company and the
MLP
(filed as Exhibit 10.2 to the 06/07/2007 8-K) (1)
|
10.57
|
Purchase
Agreement, dated as of June 1, 2007, between the MLP and the Common
Retirement Fund of the State of New York for interests in Lexington
Acquiport Company, LLC (filed as Exhibit 10.3 to the 06/07/2007 8-K)
(1)
|
|
10.58
|
Purchase
Agreement, dated as of June 1, 2007, between the Company and the
Common
Retirement Fund of the State of New York for interests in Lexington
Acquiport Company II, LLC (filed as Exhibit 10.4 to the 06/07/2007
8-K)
(1)
|
|
10.59
|
Partial
Redemption Agreement, dated as of June 5, 2007, between Lexington/Lion
Venture L.P., CLPF-LXP/LV, L.P. and the Company (filed as Exhibit
10.1 to
the Company’s Current Report on Form 8-K filed on June 28, 2007 (the
“06/28/2007 8-K”) (1)
|
|
10.60
|
Contribution
Agreement, dated as of June 5, 2007, between the Company and the
MLP
(filed as Exhibit 10.2 to the 06/28/2007 8-K) (1)
|
|
10.61
|
Redemption
Agreement, dated as of June 5, 2007, between Lexington/Lion Venture
L.P.,
CLPF-LXP/LV, L.P. and CLPF-LXP/Lion Venture GP, LLC (filed as Exhibit
10.3
to the 06/28/2007 8-K) (1)
|
|
31.1
|
—
|
Certification
of Chief Financial Officer pursuant to rule 13a-14(a)/15d-14(a) of
the
Securities Exchange Act of 1934, as adopted pursuant to Section 302
of the
Sarbanes-Oxley Act of 2002 (3)
|
31.2
|
Certification
of Chief Financial Officer pursuant to rule 13a-14(a)/15d-14(a) of
the
Securities Exchange Act of 1934, as adopted pursuant to Section 302
of the
Sarbanes-Oxley Act of 2002 (3)
|
|
32.1
|
—
|
Certification
of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as
adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(3)
|
32.2
|
—
|
Certification
of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as
adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(3)
|
(1)
|
Incorporated
by reference.
|
(2)
|
Filed
herewith.
|
(3)
|
Furnished
herewith.
|
(4)
|
Management
contract or compensatory plan or
arrangement.
|
Lexington
Realty Trust
|
|||
Date:
August 9, 2007
|
By:
|
/s/ T. Wilson Eglin | |
T. Wilson Eglin | |||
Chief Executive Officer, President and Chief Operating Officer | |||
Date:
August 9, 2007
|
By:
|
/s/ Patrick Carroll | |
Chief
Financial Officer, Executive Vice President
and
Treasurer
|
|||