Revised Exhibits. 7.1 Exhibit 2.1.1.(3)
7.2 Exhibit 5.9(A)
Revised Exhibits. The Amended Exhibit 2.1 Build-out Plan Description, Build-out Plan Table, and Build-out Plan Map (Revised Effective September 26, 2001) (the "Amended Exhibit 2.1") attached to this Addendum supersedes and replaces in its entirety the Exhibit 2.1 Build-out Plan Phase Description, Build-out Plan Table, and Build-out Plan Map in the Management Agreement dated November 5, 1999. Amended Exhibit 2.1 includes:
(i) Build-out Plan Table which sets forth the Completion Date and covered population requirements, and
(ii) Build-out Plan Description; and
(iii) Build-out Plan Map.
Revised Exhibits. Exhibits 2.4(b), 8.4(a) and 8.4(b) are hereby ---------------- deleted in their entirety and replaced with the Exhibits on Exhibit A attached --------- hereto.
Revised Exhibits. The table set forth in Exhibit 1 (Exhibit B-2) attached hereto and incorporated herein by reference will replace the table attached as Exhibit B to the Agreement. Any reference to Exhibit B in the Agreement is deemed to be a reference to the revised Exhibit B-2. The revised "Project Schedule" set forth in Exhibit 2 (Exhibit D-2) attached hereto and incorporated herein by reference will replace the table attached as Exhibit D to the Agreement. Any reference to Exhibit D in the Agreement is deemed to be a reference to the revised Exhibit D-2.
Revised Exhibits. Exhibits shall be revised as follows:
(i) Town and Property Owner agree to replace Exhibits A and B, respectively, to the Development Agreement and place in their stead new Exhibits A and B, a copy of said new Exhibits being attached to this Amendment as Exhibits A and B, and incorporated herein by reference.
(ii) The following line shall be stricken from Exhibit G: All commercial structures will be required to be approved by Foxbank Ventures, LLC.
(iii) Furthermore, the Property Owner agrees to attach an illustrated development plan to Exhibit G, showing the overall concept of the development at build-out. This plan will show structures with anchor tenants, outparcels, streets, parking, stormwater ponds and approximate square feet of commercial space at build-out. Town acknowledges that the development plan is conceptual in nature and is subject to change as the market dictates.
(iv) The Exhibit G Land Use Chart Footnote #5 shall be amended to state the following: A maximum of 50 multi-family units may be developed in Tract P-2. Multi-Family units may be for rent or for sale and shall be listed at market rates.
Revised Exhibits. Exhibit 2.1 attached to Addendum VII supersedes and replaces Exhibit 2.1 attached to Addendum V. Exhibit 2.1 includes:
(i) Buildout Plan Map which distinguishes between the Minimum Launch Footprint (as defined below) and Full Buildout Coverage;
(ii) Buildout Plan Table which distinguishes between the Minimum Launch Footprint (as defined below) and the Full Buildout Coverage and sets forth the Contractual Launch Date and Full Buildout Date for each A Market and B Market; and
(iii) Buildout Plan Description.
Revised Exhibits. The Shareholder Agreement set forth as Exhibit F to the Agreement is amended and restated in full in the form of Exhibit A hereto. The Cost Sharing Agreement set forth as Exhibit G to the Agreement may be amended and restated in full in the form as determined by the parties.
Revised Exhibits. The Parties hereto agree that to the extent that the parties to the agreements set forth in the Exhibits to the Securities Purchase Agreement mutually agree to execute and deliver agreements that differ in form from those set forth in such Exhibits, such Exhibits shall be in the form of the agreements actually executed and delivered at the Closing, and to the extent there are any changes to the form of Exhibits attached to the Securities Purchase Agreement, all references to the Exhibits in the Securities Purchase Agreement and herein shall mean the form of the agreements actually executed and delivered at the Closing.
