MODIFICATION NO. ONE TO AMENDED AND RESTATED CERTIFICATE OF GENERAL PARTNERSHIP OF EASTGATE COMPANY
Exhibit T3A.116
Instrument Book Page
1434 2460
MODIFICATION NO. ONE
TO
AMENDED AND RESTATED
CERTIFICATE OF GENERAL PARTNERSHIP
OF
EASTGATE COMPANY
This Modification No. One to the Amended and Restated Certificate of General Partnership of Eastgate Company, an Ohio general partnership (the “Partnership”), dated as of February 13th, 2002, is hereby entered into between CBL/EASTGATE I, LLC, a Delaware limited liability company, and CBL/EASTGATE II, LLC, a Delaware limited liability company (CBL/Eastgate I, LLC and CBL/Eastgate II, LLC sometimes collectively referred to herein as the “Partners”).
WHEREAS, the Partners previously entered into that certain Xxxxxxx and Restated Certificate of General Partnership dated February 17, 2001, and filed of record in Clermont County, Ohio on April 9, 2001 at Book 1329, Page 273 (the “Restated Certificate”); and
WHEREAS, the undersigned partners of the Partnership (the “Partners”) now desire to modify and amend the Restated Certificate to reflect certain revisions/corrections to the Restated Certificate.
NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, the Partners do hereby modify and modify and amend the Restated Certificate as follows:
The first “WHEREAS” clause of the Restated Certificate is hereby deleted in its entirety and the following is hereby inserted in lieu thereof:
WHEREAS, the Partnership is currently governed by that certain Second Amended and Restated Partnership Agreement dated January 31, 2001, as amended by that certain Modification No. One to the Second Amended and Restated Partnership Agreement dated January 31, 2001 (the “Partnership Agreement”); and
Instrument Book Page
1434 2401
IN WITNESS WHEREOF, the undersigned have executed this Modification No. One to the Amended and Restated Certificate of General Partnership of Eastgate Company as of the date first above written.
| MANAGING GENERAL PARTNER: | ||
| CBL/EASTGATE I, LLC | ||
| By: | CBL/J II, LLC, its sole member and Chief Manager | |
| By: | CBL & Associates Limited Partnership, | |
| By: | CBL Holdings I, Inc., its sole general partner | |
| By: | /s/ Xxxxxxx X. Xxxxx | |
| Name: | Xxxxxxx X. Xxxxx | |
| Title: | Assistant Secretary | |
| GENERAL PARTNER: | ||
| CBL/EASTGATE II, LLC | ||
| By: | CBL/J II, LLC, its sole member and Chief Manager | |
| By: | CBL & Associates Limited Partnership, | |
| By: | CBL Holdings I, Inc., its sole general partner | |
| By: | /s/ Xxxxxxx X. Xxxxx | |
| Name: | Xxxxxxx X. Xxxxx | |
| Title: | Assistant Secretary | |
Instrument Book Page
1434 2402
STATE OF: Tennessee
COUNTY OF: Xxxxxxxx
The foregoing instrument was acknowledged before me this 13th day of February, 2002, by Xxxxxxx X. Xxxxx, the Assistant Secretary of CBL Holdings I, Inc., a Delaware corporation and the sole general partner of CBL & Associates Limited Partnership, a Delaware limited partnership and the Chief Manager of CBL/J II, LLC, a Delaware limited liability company and the Chief Manager of CBL/Eastgate I, LLC, a Delaware limited liability company and the managing General Partner of Eastgate Company, an Ohio general partnership.
|
|
| Notary Public |
| For: Tennessee At Large |
| My Commission Expires: 3/23/03 |
| (NOTARIAL SEAL) |
| |
STATE OF: Tennessee
COUNTY OF: Xxxxxxxx
The foregoing instrument was acknowledged before me this 13th day of February, 2002, by Xxxxxxx X. Xxxxx, the Assistant Secretary of CBL Holdings I, Inc., a Delaware corporation and the sole general partner of CBL & Associates Limited Partnership, a Delaware limited partnership and the Chief Manager of CBL/J II, LLC, a Delaware limited liability company and the Chief Manager of CBL/Eastgate II, LLC, a Delaware limited liability company and a General Partner of Eastgate Company, an Ohio general partnership.
|
|
| Notary Public |
| For: Tennessee At Large |
| My Commission Expires: 3/23/03 |
| (NOTARIAL SEAL) |
| |
