EXHIBIT 4.8
HERITAGE PROPERTY INVESTMENT TRUST, INC.
000 XXXXXXXX XXXXXX
XXXXXX, XX 00000
Dated as of February 7, 2003
Prudential Insurance Company of America
0 Xxxxxx Xxxxx, 0xx Xxxxx
Xxxxxxxxxx, XX 00000-0000
Attention: Xxxxxx Xxxxxx
Ladies and Gentlemen:
RE: WARRANTS
Reference is hereby made to the (i) Warrant Agreement ("1999 WARRANT
AGREEMENT"), dated as of July 9, 1999, by and between The Prudential Insurance
Company of America ("Prudential"), and Heritage Property Investment Trust, Inc.
("Heritage"), pursuant to which Heritage issued to Prudential a warrant (the
"1999 WARRANT") to purchase 75,000 shares of common stock of Heritage, par value
$.001 per share ("COMMON STOCK"), and (ii) Warrant Agreement ("2000 WARRANT
AGREEMENT" and, together with the 1999 Warrant Agreement, the "WARRANT
AGREEMENTS"), dated as of September 18, 2000, by and between Prudential and
Heritage, pursuant to which Heritage issued to Prudential a warrant (the "2000
WARRANT" and, together with the 1999 Warrant, the "WARRANTS") to purchase
300,000 shares of Common Stock. Defined terms used herein but not defined herein
shall have the meanings given to such terms in the Warrant Agreements.
In consideration of the mutual agreements contained herein and intending to
be legally bound hereby, the parties hereto agree that the Warrant Agreements
and the Warrants are hereby amended to change the Expiration Date of the
Warrants to April 29, 2007. All other terms and conditions of the Warrant
Agreements shall remain in full force and effect.
If the foregoing correctly sets forth the understanding between us, please
so indicate on the enclosed signed copy of this Agreement in the space provided
below and return it to Heritage, whereupon this Agreement shall constitute a
binding agreement between us.
Very truly yours,
HERITAGE PROPERTY INVESTMENT TRUST, INC.
By: /s/ Xxxxxx X. Xxxxxxxxxxx
-----------------------------------------
Name: Xxxxxx X. Xxxxxxxxxxx
Title: Chairman, President and
Chief Executive Officer
AGREED TO AND ACCEPTED:
PRUDENTIAL INSURANCE COMPANY OF AMERICA
By: /s/ Xxxxxx X. Xxxxxx
------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Authorized Person
