AMENDMENTS TO SECTION 1 OF THE SECURITIES PURCHASE AGREEMENT. The second sentence of Section 1(a) shall be amended to read in its entirety: "Subject to the satisfaction of the conditions set forth in Section 1(c), 9(b) and 10(b), the Company shall issue and sell to Buyer and Buyer agrees to purchase from the Company all, and not less than all, of the Mandatory Preferred Shares unless the provisions of Section 13 hereof require that less than all the Mandatory Preferred Shares be issued to Buyer, in which event the Operating Partnership shall issue and sell to Buyer and Buyer shall purchase from the Operating Partnership that number of Series A-2 Preferred Units (as defined in the Limited Partnership Agreement, as amended, of the Operating Partnership) as determined pursuant to the provisions of Section 13 and the Company shall issue and sell to Buyer and Buyer shall purchase from the Company that number of Preferred Shares as determined pursuant to the provisions of Section 13."
