PROMISSORY NOTE $130,000,000.00 San Francisco, California Loan No. 6 102 899 September 22,1998 FOR VALUE RECEIVED, the undersigned, MISSION WEST PROPERTIES, L.P., a Delaware limited partnership, MISSION WEST PROPERTIES, L.P. I, a Delaware limited...Promissory Note • October 27th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
RECITALSAcquisition Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
RECITALSStock Purchase Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
LEASELease Agreement • June 17th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
LEASE THIS LEASE, executed in duplicate at Cupertino, California, this 6th day of January, 1978, by and between JOHN A. SOBRATO and SUSAN R. SOBRATO, as to an undivided 45% interest, and CARL E. BERG and MARY ANN BERG, as to an undivided 45% interest,...Lease Agreement • June 17th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
EXHIBIT (10) AMENDMENT NO. 1 TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • February 6th, 1997 • Mission West Properties/New/ • Operators of nonresidential buildings
EXHIBIT (10) AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • December 19th, 1996 • Mission West Properties/New/ • Operators of nonresidential buildings • California
MISSION WEST PROPERTIES LOGO] GRANT PURSUANT TO 1997 STOCK OPTION PLAN ________________________, OPTIONEE: Mission West Properties, a California corporation (the "Company"), hereby grants to Optionee, an option ("Option") to purchase a total of...Stock Option Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings
NUMBER OF SHARES DATE OF EARLIEST EXERCISE (INSTALLMENT) (VESTING) ----------------------------------------------------------------Stock Option Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cassidy, Cheatham, Shimko & Dawson, P.C. 20 California Street, Suite 500 San Francisco, CA 94111 Attention: Stephen K. Cassidy, Esq. SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST, SECURITY...Deed of Trust • October 27th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
MERGER AGREEMENT AND PLAN OF MERGERMerger Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
R E C I T A L SVoting Rights Agreement • November 26th, 1997 • Mission West Properties/New/ • Operators of nonresidential buildings • California
EXCHANGE RIGHTS AGREEMENT This Exchange Rights Agreement (this "Agreement") is made as of ________ __, 1998 by and among Mission West Properties, a California corporation (the "Company"), and each of the limited partners ("Limited Partners") of...Exchange Rights Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
STANDARD FORM LEASE ----------------------------------------------------------- --------------------- PARTIES: This Lease, executed in duplicate at Cupertino, California, on May 19, 1998, by and between Berg & Berg Enterprises, Inc., a California...Lease Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
MISSION WEST PROPERTIES RESTRICTED STOCK PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of March 30, 1998, between Mission West Properties, a California corporation (the "Company") and Michael J. Anderson ("Purchaser"). R E C I T A L S:...Restricted Stock Purchase Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
EXHIBIT 10.1Nonstatutory Stock Option Agreement • February 13th, 1997 • Mission West Properties/New/ • Operators of nonresidential buildings • California
RECITALSOption Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
Demand NotePartnership Interest Purchase Demand Note • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
RECITALSPending Project Acquisition Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
RECITALSAgreement for Assumption and Allocation of Liabilities • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • California
Exhibit 23 CONSENT OF INDEPENDENT ACCOUNTANTS We hereby consent to the incorporation by reference in the Registration Statement on Forms S-8 (Numbers 2-68161, 33-16154, 33-40664, 33-40665, and 333- 21727) of Mission West Properties of our report dated...Consent of Independent Accountants • February 28th, 1997 • Mission West Properties/New/ • Operators of nonresidential buildings
We hereby consent to the incorporation by reference in the Registration Statement on Forms S-8 (Numbers 2-68161, 33-16154, 33-40664, 33-40665, and 333- 21727) of Mission West Properties of our report dated February 11, 1997 appearing on page 8 of this Form 10-K.
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings • Delaware
MISSION WEST PROPERTIES LOGO] NON-EMPLOYEE DIRECTOR GRANT PURSUANT TO 1997 STOCK OPTION PLAN ________________________, OPTIONEE: Mission West Properties, a California corporation (the "Company"), hereby grants to Optionee, an option ("Option") to...Non-Employee Director Grant • July 20th, 1998 • Mission West Properties/New/ • Operators of nonresidential buildings
