Mission West Properties Inc Sample Contracts
ARTICLE 1 BASIC LEASE TERMSLease Agreement • May 10th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
Standard Contracts
RECITALSOption Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • California
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • Delaware
EXHIBIT 10.58 PROMISSORY NOTEPromissory Note • August 7th, 2009 • Mission West Properties Inc • Real estate investment trusts
plus interest at the rate of 30 day LIBOR plus 2 percent per annum (compounded on the basis of a 366-day year) beginning on the 21st day of April, 2009.
CONTRIBUTION AGREEMENT This Contribution Agreement is entered into on April 30, 1999 (the "EFFECTIVE DATE") among Baccarat Shoreline, LLC, a California limited liability company ("BACCARAT"), Berg & Berg Enterprises, Inc., a California corporation...Contribution Agreement • May 14th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings
MERGER AGREEMENT AND PLAN OF MERGERMerger Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • California
AMENDED AND RESTATED STOCK OPTION AGREEMENT Mission West Properties, a California corporation (the "Company"), hereby grants to Michael J. Anderson (the "Optionee"), an option (the "Option") to purchase a total of Two Hundred Thousand (200,000) shares...Stock Option Agreement • March 31st, 1999 • Mission West Properties Inc • Operators of nonresidential buildings
EXHIBIT 10.54 WHEN RECORDED RETURN TO: Blackwell Sanders Peper Martin LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 Attn: Gaylord G. Smith LOAN MODIFICATION AGREEMENT THIS LOAN MODIFICATION AGREEMENT (this "Agreement") is made as of the...Loan Modification Agreement • August 9th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
RECITALSSupplemental Agreement • June 15th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings
7,762,500 SHARES COMMON STOCK ($.001 PAR VALUE)Underwriting Agreement • June 15th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • Missouri
CERTIFICATE REGARDING DISTRIBUTION OF LOAN PROCEEDS AND INDEMNITY AGREEMENT THIS CERTIFICATE is made as of September 22, 1998 by MISSION WEST PROPERTIES, L.P., a Delaware limited partnership, MISSION WEST PROPERTIES, L.P. I, a Delaware limited...Indemnity Agreement • October 27th, 1998 • Mission West Properties Inc
RECITALSWaiver Agreement • November 16th, 1998 • Mission West Properties Inc • Operators of nonresidential buildings • California
EXHIBIT 10.52 WHEN RECORDED RETURN TO: Blackwell Sanders Peper Martin LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 Attn: Gaylord G. Smith DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING WITH ABSOLUTE ASSIGNMENT OF RENTS THIS DOCUMENT...Deed of Trust • August 9th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
RECITALSChange in Terms Agreement • August 7th, 2009 • Mission West Properties Inc • Real estate investment trusts
EXHIBIT 10.53 LIMITED GUARANTY THIS LIMITED GUARANTY is made and given as of the 26 day of July, 2005 by MISSION WEST PROPERTIES, INC., a Maryland corporation ("Guarantor"), to and for the benefit of ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, a...Limited Guaranty • August 9th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
EXCHANGE RIGHTS AGREEMENT This Exchange Rights Agreement (this "Agreement") is made as of December 29, 1998 by and among Mission West Properties, a California corporation (the "Company"), each of Mission West Properties, L.P., a Delaware limited...Exchange Rights Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • California
RECITALSContribution and Reimbursement Agreement • March 16th, 2009 • Mission West Properties Inc • Real estate investment trusts
Mission West Properties, Inc. Registration Rights Agreement To: Each purchaser of shares of Mission West Properties common stock in May 1998 private placement transactions You have agreed to acquire the number of shares of common stock of Mission West...Registration Rights Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings
You have agreed to acquire the number of shares of common stock of Mission West Properties, a California corporation, identified below under the terms of a Stock Purchase Agreement dated as of May __, 1998 (the "Agreement"). These shares are "restricted securities" as defined in Rule 144(a)(3) under the Securities Act of 1933, as amended (the "Securities Act"). As described in Section 4.8 of the Agreement, these shares are subject to a minimum holding period of one year from the date of purchase and you must comply with other resale restrictions contained in Rule 144 before they can be resold without registration under the Securities Act. One such restriction is a limit on the number of shares that you can sell during any three-month period which generally is equal to the greater of 1% of the total number of outstanding shares and the average weekly reported trading volume during the four calendar weeks preceding the date on which you file a notice of the proposed sale on SEC Form 144,
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Berg & Berg Enterprises, LLC Street 10050 Bandley Drive Address City,State, Zip Cupertino, CA 95014 Order No. --------------------------------------------------------------------- ----------- DEED...Deed of Trust • March 30th, 2000 • Mission West Properties Inc • Operators of nonresidential buildings
GUARANTYGuaranty • October 27th, 1998 • Mission West Properties Inc
EXHIBIT 10.56 REVOLVING CREDIT LOAN AGREEMENT THIS REVOLVING CREDIT LOAN AGREEMENT (this "Agreement") is made and delivered this 4th day of March 2008, by and between Mission West Properties, Inc., a Maryland corporation ("Borrower"), and Heritage...Revolving Credit Loan Agreement • August 7th, 2009 • Mission West Properties Inc • Real estate investment trusts • California
FIXED RATE TERM LOAN AGREEMENT between MISSION WEST PROPERTIES, L.P. and MISSION WEST PROPERTIES, L.P. I each, an “Individual Borrower” and collectively, as “Borrower” and HARTFORD LIFE INSURANCE COMPANY and HARTFORD LIFE AND ACCIDENT INSURANCE...Fixed Rate Term Loan Agreement • November 9th, 2010 • Mission West Properties Inc • Real estate investment trusts
This FIXED RATE TERM LOAN AGREEMENT (this “Agreement”) is entered into as of August 4, 2010 by and among MISSION WEST PROPERTIES, L.P. and MISSION WEST PROPERTIES, L.P. I, each a Delaware limited partnership (each an “Individual Borrower” and collectively, “Borrower”), and HARTFORD LIFE INSURANCE COMPANY and HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, each a Connecticut corporation (together with their respective successors and assigns, collectively, “Lender”).
PARTNERSHIP SEPARATION AGREEMENTPartnership Separation Agreement • November 5th, 2012 • Mission West Properties Inc • Real estate investment trusts • Maryland
This Partnership Separation Agreement (this “Agreement”) is entered into as of November 2, 2012, by and among Mission West Properties, Inc., a Maryland corporation (the “Company”), Mission West Properties, L.P., a Delaware limited partnership (“MWP”), Mission West Properties, L.P. I, a Delaware limited partnership (“MWP I”), Mission West Properties, L.P. II, a Delaware limited partnership (“MWP II”), Mission West Properties, L.P. III, a Delaware limited partnership (“MWP III”), Mission West Properties, L.P. IV, a Delaware limited partnership (“MWP IV”), Mission West Properties, L.P. V, a Delaware limited partnership (“MWP V” and, together with MWP, MWP I, MWP II, MWP III and MWP IV, the “Operating Partnerships”), and each of the limited partners (the “Limited Partners”) of the Operating Partnerships.
EXHIBIT 10.50 DIVIDEND EQUIVALENT RIGHTS AGREEMENT This Dividend Equivalent Rights Agreement (the "Agreement") is made and entered into as of the ____ day of _________, 20__, by and between Mission West Properties, Inc., a Maryland corporation (the...Dividend Equivalent Rights Agreement • May 10th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
REVOLVING CREDIT SECURED PROMISSORY NOTE ("Note")Revolving Credit Secured Promissory Note • March 30th, 2000 • Mission West Properties Inc • Operators of nonresidential buildings
FOR VALUE RECEIVED, Mission West Properties, L.P., a Delaware limited partnership, Mission West Properties, L.P. I, a Delaware limited partnership, Mission West Properties L.P. II, a Delaware limited partnership, and Mission West Properties, L.P. III, a Delaware limited partnership (collectively "Borrower"), promises to pay to the order of Berg & Berg Enterprises, LLC, a California limited liability company ("Lender") or its assigns, at 10050 Bandley Drive, Cupertino, California 95014, or at such other place as the holder of this Note may from time to time designate, the principal sum of Fifty Million Dollars ($50,000,000.00) (the "Credit Amount") or so much of that sum as may be advanced under this Note from time to time by any holder, plus interest as computed herein.
PROMISSORY NOTEPromissory Note • November 9th, 2010 • Mission West Properties Inc • Real estate investment trusts
For value received, MISSION WEST PROPERTIES, L.P. and MISSION WEST PROPERTIES, L.P. I, , each a Delaware limited partnership (collectively, “Borrower”), jointly and severally promise and agree to pay to the order of HARTFORD LIFE INSURANCE COMPANY, a Connecticut corporation (“Lender”), in lawful money of the United States of America, the principal sum of THIRTY MILLION and 00/100 Dollars ($30,000,000.00) or so much thereof as may be outstanding under the Fixed Rate Term Loan Agreement of even date herewith among Borrower, Lender and Hartford Life and Accident Insurance Company (the “Loan Agreement”), with interest on the unpaid principal sum owing thereunder at the rate or rates or in the amounts computed in accordance with the Loan Agreement, together with all other amounts due Lender under the Loan Agreement, all payable in the manner and at the time or times provided in the Loan Agreement. Capitalized terms used herein, but not defined, shall have the meanings assigned to them in th
EXHIBIT 99.2 JOINT FILING AGREEMENT Pursuant to Rule 13d-1(k)(1) of the Securities and Exchange Commission under the Securities Exchange Act of 1934, each of the parties hereto agrees that the statement on Schedule 13G (including all amendments...Joint Filing Agreement • February 14th, 2008 • Mission West Properties Inc • Real estate investment trusts
Pursuant to Rule 13d-1(k)(1) of the Securities and Exchange Commission under the Securities Exchange Act of 1934, each of the parties hereto agrees that the statement on Schedule 13G (including all amendments thereto) with respect to the beneficial ownership of Common Stock of Mission West Properties, Inc. to which this agreement is attached as an exhibit, is filed by and on behalf of each such person and that any amendments thereto will be filed on behalf of each such person.
AGREEMENT AND DECLARATION OF TRUSTAgreement and Declaration of Trust • December 31st, 2012 • Mission West Properties Inc • Real estate investment trusts • Maryland
AGREEMENT AND DECLARATION OF TRUST, dated as of December 26, 2012, by and between Mission West Properties, Inc., a Maryland corporation (the “Company”), and Carl E. Berg, an individual resident of the State of California (the “Trustee”).
125,000,000.00 Cupertino, California July 26, 2005 FOR VALUE RECEIVED, the undersigned, MISSION WEST PROPERTIES, L.P., a Delaware limited partnership, and MISSION WEST PROPERTIES, L.P. I, a Delaware limited partnership doing business in California as...Secured Installment Note • August 9th, 2005 • Mission West Properties Inc • Real estate investment trusts • California
AGREEMENT OF LIMITED PARTNERSHIP OF MISSION WEST PROPERTIES, L.P. IVPartnership Agreement • March 15th, 2012 • Mission West Properties Inc • Real estate investment trusts • Delaware
This AGREEMENT OF LIMITED PARTNERSHIP OF MISSION WEST PROPERTIES, L.P. IV (this “Agreement”), dated as of December 21, 2011, is entered into by and among Mission West Properties, Inc., a Maryland corporation (the “Company” or the “General Partner”) and the limited partners whose names are set forth on Appendix I attached hereto (as it may be amended from time to time).
FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (FIRST PRIORITY) AND FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (SECOND PRIORITY) AND FIRST AMENDMENT TO ABSOLUTE ASSIGNMENT OF LEASES AND RENTS (Mission West Properties, L.P.)Deed of Trust and Security Agreement • March 16th, 2009 • Mission West Properties Inc • Real estate investment trusts
RECITALSPending Project Acquisition Agreement • February 11th, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • California
DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING By MISSION WEST PROPERTIES, L.P. I as Grantor to First American Title Insurance Company as Trustee for the benefit of HARTFORD LIFE INSURANCE COMPANY and HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY...Deed of Trust, Security Agreement and Fixture Filing • November 9th, 2010 • Mission West Properties Inc • Real estate investment trusts • California
This Deed of Trust, Security Agreement and Fixture Filing (this “Deed of Trust”) is executed as of August 4, 2010 by MISSION WEST PROPERTIES, L.P. I, a Delaware limited partnership (“Grantor”), whose address for notice hereunder is c/o Mission West Properties, Inc., 10050 Bandley Drive, Cupertino, California 95014, to FIRST AMERICAN TITLE INSURANCE COMPANY, Trustee (“Trustee”), whose address for notice hereunder is 1737 North First Street, Suite 500, San Jose, California 95112, for the benefit of HARTFORD LIFE INSURANCE COMPANY and HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, each a Connecticut corporation (collectively, “Beneficiary”), whose address for notice hereunder is c/o Hartford Investment Management Company, 55 Farmington Avenue, Hartford, Connecticut 06105.
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • November 9th, 2009 • Mission West Properties Inc • Real estate investment trusts
THIS CHANGE IN TERMS AGREEMENT (this “CIT”) is made by and between Heritage Bank of Commerce, a California banking corporation (“Bank”), with its headquarters address at 150 Almaden Boulevard, San Jose, California 95113, and Mission West Properties, Inc., a Maryland corporation (“Borrower”), with its principal address at 10050 Bandley Drive, Cupertino, California 95014. This CIT is executed on October 13, 2009 and is made effective upon the satisfaction of all of the conditions precedent set forth herein (the “Effective Date”) at San Jose, California.
OWNERSHIP LIMIT EXEMPTION AGREEMENT THIS OWNERSHIP LIMIT EXEMPTION AGREEMENT (the "Agreement"), dated as of December 29, 1998, is entered into by and between Mission West Properties, Inc., a Maryland corporation (the "Company") and Dan McCarthy and...Ownership Limit Exemption Agreement • March 31st, 1999 • Mission West Properties Inc • Operators of nonresidential buildings • Maryland
