Common use of Modifications to certain References Clause in Contracts

Modifications to certain References. The following references in the Loan Documents are hereby replaced as follows: (i) Each reference in the Loan Documents to ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company as the Property Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company. (ii) Each reference in the Loan Documents to DERA as Borrower's Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation. Each reference to Borrower's Manager shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation, until such time as a new Borrower's Manager is appointed as permitted by the Loan Agreement. (iii) Each reference in the Loan Documents to DERA as the sole general partner of Borrower's Member is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, and each reference to the general partner of Borrower's Member shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, until such time as a new general partner of Borrower's Member is admitted as permitted by the Loan Agreement. (iv) Each reference in the Loan Documents to DERA in its capacity as guarantor pursuant to the Guarantor Documents is hereby replaced with a reference to the OP. Each reference in the Loan Documents to "Borrower's Manager's Limited Indemnity and Guarantee" shall mean and refer to the Limited Indemnity and Guarantee delivered by the OP effective upon the IPO Closing Time. (v) For purposes of the following provisions of the Loan Agreement, the term "Borrower Party" shall include, without limitation, the OP: the definitions of "ERISA Affiliate," "ERISA Event," "Material Adverse Effect," and "Plan," and Sections 7.02, 7.06, 7.07, 7.30, 7.33, 8.03, 9.16 and 12.01(c) of the Loan Agreement. (vi) The references to "Borrower Party" in Section 12.02(a) of the Loan Agreement are hereby replaced with "Bankruptcy Party." (vii) The following Schedules attached to the Loan Agreement are hereby supplemented or amended and restated (as set forth below): (A) Reserved. (B) Schedules 7.05, 7.11 and 7.22 are hereby amended and restated as set forth in Amended and Restated Schedules 7.05, 7.11, and 7.22 attached hereto. (viii) The "Primary Credit Facility" referred to in the Loan Agreement shall mean the primary revolving credit facility under which the Permitted REIT (directly or through its Operating Partnership or another Permitted REIT Subsidiary) obtains financing for its general purposes. (ix) The reference to "Secured Capital" in the Loan Agreement is hereby revised to "Eastdil Secured Capital and affiliates." (x) The parties acknowledge that the Stub Interest Period ended on (but did not include) September 1, 2005. Accordingly, Section 2.10 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: "Notwithstanding anything to the contrary contained in this Agreement, (i) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2010 if on or prior to such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2010 or if on such date an Event of Default exists and (ii) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2011 if on such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2011 or if on such date an Event of Default exists."

Modifications to certain References. The following references in the Loan Documents are hereby replaced as follows: (i) Each reference in the Loan Documents to ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company as the Property Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company. (ii) Each reference in the Loan Documents to DERA as Borrower's Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation. Each reference to Borrower's Manager shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation, until such time as a new Borrower's Manager is appointed as permitted by the Loan Agreement. (iii) Each reference in the Loan Documents to DERA as the sole general partner of Borrower's Member is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, and each reference to the general partner of Borrower's Member shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, until such time as a new general partner of Borrower's Member is admitted as permitted by the Loan Agreement. (iv) Each reference in the Loan Documents to DERA in its capacity as guarantor pursuant to the Guarantor Documents is hereby replaced with a reference to the OP. Each reference in the Loan Documents to "Borrower's Manager's Limited Indemnity and Guarantee" shall mean and refer to the Limited Indemnity and Guarantee delivered by the OP effective upon the IPO Closing Time. (v) For purposes of the following provisions of the Loan Agreement, the term "Borrower Party" shall include, without limitation, the OP: the definitions of "ERISA Affiliate," "ERISA Event," "Material Adverse Effect," and "Plan," and Sections 7.02, 7.06, 7.07, 7.30, 7.33, 8.03, 9.16 and 12.01(c) of the Loan Agreement. (vi) The references to "Borrower Party" in Section 12.02(a) of the Loan Agreement are hereby replaced with "Bankruptcy Party." (vii) The following Schedules attached to the Loan Agreement are hereby supplemented or amended and restated (as set forth below): (A) Reserved. (B) Schedules 7.05, 7.11 and 7.22 are hereby amended and restated as set forth in Amended and Restated Schedules 7.05, 7:05A, 7.11, and 7.22 7.11A, 7.22and 7.22A attached hereto. (viii) The "Primary Credit Facility" referred to in the Loan Agreement shall mean the primary revolving credit facility under which the Permitted REIT (directly or through its Operating Partnership or another Permitted REIT Subsidiary) obtains financing for its general purposes. (ix) The reference to "Secured Capital" in the Loan Agreement is hereby revised to "Eastdil Secured Capital and affiliates." (x) The parties acknowledge that the Stub Interest Period ended on (but did not include) September 1, 2005. Accordingly, Section 2.10 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: "Notwithstanding anything to the contrary contained in this Agreement, (i) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2010 if on or prior to such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2010 or if on such date an Event of Default exists and (ii) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2011 if on such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2011 or if on such date an Event of Default exists."

Modifications to certain References. The following references in the Loan Documents are hereby replaced as follows: (i) Each reference in the Loan Documents to ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company as the Property Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company. (ii) Each reference in the Loan Documents to DERA as Borrower's Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation. Each reference to Borrower's Manager shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation, until such time as a new Borrower's Manager is appointed as permitted by the Loan Agreement. In the case of New Co-Borrower, each reference to Borrower's Manager shall mean and refer to New General Partner. (iii) Each reference in the Loan Documents to DERA as the sole general partner of Borrower's Member is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, and each reference to the general partner of Borrower's Member shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, until such time as a new general partner of Borrower's Member is admitted as permitted by the Loan Agreement. (iv) Each reference in the Loan Documents to DERA in its capacity as guarantor pursuant to the Guarantor Documents is hereby replaced with a reference to the OP. Each reference in the Loan Documents to "Borrower's Manager's Limited Indemnity and Guarantee" shall mean and refer to the Limited Indemnity and Guarantee delivered by the OP effective upon the IPO Closing Time. (v) For purposes of the following provisions of the Loan Agreement, the term "Borrower Party" shall include, without limitation, the OP: the definitions of "ERISA Affiliate," "ERISA Event," "Material Adverse Effect," and "Plan," and Sections 7.02, 7.06, 7.07, 7.30, 7.33, 8.03, 9.16 and 12.01(c) of the Loan Agreement. (vi) The references to "Borrower Party" in Section 12.02(a) of the Loan Agreement are hereby replaced with "Bankruptcy Party." (vii) The following Schedules attached to the Loan Agreement are hereby supplemented or amended and restated (as set forth below): (A) ReservedSchedules 1.01(6), 1.01(7), 1.01(8), 7.09, 8.11 and 8.21 are hereby supplemented with respect to the New Projects as set forth on Supplemental Schedules 1.01(6), 1.01(7), 1.01(8), 7.09, 8.11 and 8.21 attached hereto. (B) Schedules 7.05, 7.11 and 7.22 are hereby amended and restated as set forth in Amended and Restated Schedules 7.05, 7.11, and 7.22 attached hereto. (viii) The "Primary Credit Facility" referred to in the Loan Agreement shall mean the primary revolving credit facility under which the Permitted REIT (directly or through its Operating Partnership or another Permitted REIT Subsidiary) obtains financing for its general purposes. (ix) The reference to "Secured Capital" in the Loan Agreement is hereby revised to "Eastdil Secured Capital and affiliates." (x) The parties acknowledge that the Stub Interest Period ended on (but did not include) September 1, 2005. Accordingly, Section 2.10 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: "Notwithstanding anything to the contrary contained in this Agreement, (i) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2010 if on or prior to such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2010 or if on such date an Event of Default exists and (ii) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2011 if on such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2011 or if on such date an Event of Default exists."

Modifications to certain References. The following references in the Loan Documents are hereby replaced as follows: (i) Each reference in the Loan Documents to ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company as the Property Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company. (ii) Each reference in the Loan Documents to DERA as Borrower's Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation. Each reference to Borrower's Manager shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation, until such time as a new Borrower's Manager is appointed as permitted by the Loan Agreement. In the case of New Co-Borrower, each reference to Borrower's Manager shall mean and refer to New General Partner. (iii) Each reference in the Loan Documents to DERA as the sole general partner of Borrower's Member is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, and each reference to the general partner of Borrower's Member shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, until such time as a new general partner of Borrower's Member is admitted as permitted by the Loan Agreement. (iv) Each reference in the Loan Documents to DERA in its capacity as guarantor pursuant to the Guarantor Documents is hereby replaced with a reference to the OP. Each reference in the Loan Documents to "Borrower's Manager's Limited Indemnity and Guarantee" shall mean and refer to the Limited Indemnity and Guarantee delivered by the OP effective upon the IPO Closing Time. (v) For purposes of the following provisions of the Loan Agreement, the term "Borrower Party" shall include, without limitation, the OP: the definitions of "ERISA Affiliate," "ERISA Event," "Material Adverse Effect," and "Plan," and Sections 7.02, 7.06, 7.07, 7.30, 7.33, 8.03, 9.16 and 12.01(c) of the Loan Agreement. (vi) The references to "Borrower Party" in Section 12.02(a) of the Loan Agreement are hereby replaced with "Bankruptcy Party." (vii) The following Schedules attached to the Loan Agreement are hereby supplemented or amended and restated (as set forth below): (A) ReservedSchedules 1.01(6), 1.01(7), 1.01(8), 7.09, and 8.11 are hereby supplemented with respect to the New Projects as set forth on Supplemental Schedules 1.01(6), 1.01(7), 1.01(8), 7.09, and 8.11 attached hereto. (B) Schedules 7.05, 7.11 and 7.22 are hereby amended and restated as set forth in Amended and Restated Schedules 7.05, 7.11, and 7.22 attached hereto. (viii) The "Primary Credit Facility" referred to in the Loan Agreement shall mean the primary revolving credit facility under which the Permitted REIT (directly or through its Operating Partnership or another Permitted REIT Subsidiary) obtains financing for its general purposes. (ix) The reference to "Secured Capital" in the Loan Agreement is hereby revised to "Eastdil Secured Capital and affiliates." (x) The parties acknowledge that the Stub Interest Period ended on (but did not include) September 1, 2005. Accordingly, Section 2.10 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: "Notwithstanding anything to the contrary contained in this Agreement, (i) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2010 if on or prior to such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2010 or if on such date an Event of Default exists and (ii) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2011 if on such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2011 or if on such date an Event of Default exists."

Modifications to certain References. The following references in the Loan Documents are hereby replaced as follows: (i) Each reference in the Loan Documents to ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & Company as the Property Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company. (ii) Each reference in the Loan Documents to DERA as Borrower's Manager is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation. Each reference to Borrower's Manager shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, Inc., a Delaware corporation, until such time as a new Borrower's Manager is appointed as permitted by the Loan Agreement. In the case of New Co-Borrower, each reference to Borrower's Manager shall mean and refer to New General Partner. (iii) Each reference in the Loan Documents to DERA as the sole general partner of Borrower's Member is hereby replaced with a reference to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, and each reference to the general partner of Borrower's Member shall mean ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Management, LLC, a Delaware limited liability company, until such time as a new general partner of Borrower's Member is admitted as permitted by the Loan Agreement. (iv) Each reference in the Loan Documents to DERA in its capacity as guarantor pursuant to the Guarantor Documents is hereby replaced with a reference to the OP. Each reference in the Loan Documents to "Borrower's Manager's Limited Indemnity and Guarantee" shall mean and refer to the Limited Indemnity and Guarantee delivered by the OP effective upon the IPO Closing Time. (v) For purposes of the following provisions of the Loan Agreement, the term "Borrower Party" shall include, without limitation, the OP: the definitions of "ERISA Affiliate," "ERISA Event," "Material Adverse Effect," and "Plan," and Sections 7.02, 7.06, 7.07, 7.30, 7.33, 8.03, 9.16 and 12.01(c) of the Loan Agreement. (vi) The references to "Borrower Party" in Section 12.02(a) of the Loan Agreement are hereby replaced with "Bankruptcy Party." (vii) The following Schedules attached to the Loan Agreement are hereby supplemented or amended and restated (as set forth below): (A) ReservedSchedules 1.01(6), 1.01(7), 1.01(8), 7.09, and 8.11 are hereby supplemented with respect to the New Projects as set forth on Supplemental Schedules 1.01(6), 1.01(7), 1.01(8), 7.09, and 8.11 attached hereto. (B) Schedules 7.05, 7.11 and 7.22 are hereby amended and restated as set forth in Amended and Restated Schedules 7.05, 7.11, and 7.22 attached hereto. (viii) The "Primary Credit Facility" referred to in the Loan Agreement shall mean the primary revolving credit facility under which the Permitted REIT (directly or through its Operating Partnership or another Permitted REIT Subsidiary) obtains financing for its general purposes... (ix) The reference to "Secured Capital" in the Loan Agreement is hereby revised to "Eastdil Secured Capital and affiliates." (x) The parties acknowledge that the Stub Interest Period ended on (but did not include) September 1, 2005. Accordingly, Section 2.10 of the Loan Agreement is hereby amended and restated in its entirety to read as follows: "Notwithstanding anything to the contrary contained in this Agreement, (i) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2010 if on or prior to such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2010 or if on such date an Event of Default exists and (ii) the Outstanding Principal Amount under all Notes shall become automatically due and payable on September 1, 2011 if on such date the Borrower has not paid to the Administrative Agent in accordance with the Fee Letter for the benefit of the Lenders an extension fee equal to five (5) basis points (0.05%) times the Outstanding Principal Amount under all Notes as of September 1, 2011 or if on such date an Event of Default exists."