Contract
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Exhibit 10.(a) 1 EIGHTEENTH AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF XXXX HOLDINGS LIMITED PARTNERSHIP THIS EIGHTEENTH AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF XXXX HOLDINGS LIMITED PARTNERSHIP (this “Amendment”), dated as of October 18, 2021, is entered into by the undersigned parties. W I T N E S S E T H: WHEREAS, Xxxx Holdings Limited Partnership (the “Partnership”) was formed as a Maryland limited partnership pursuant to that certain Certificate of Limited Partnership dated June 16, 1993 and filed on June 16, 1993 among the partnership records of the Maryland State Department of Assessments and Taxation, and that certain Agreement of Limited Partnership dated June 16, 1993 (the “Original Agreement”); WHEREAS, the Original Agreement was amended and restated in its entirety by that certain First Amended and Restated Agreement of Limited Partnership of the Partnership dated August 26, 1993, which was further amended by that certain First Amendment dated August 26, 1993, by that certain Second Amendment dated March 31, 1994, by that certain Third Amendment dated July 21, 1994, by that certain Fourth Amendment dated December 1, 1996, by that certain Fifth Amendment dated July 6, 2000, by that certain Sixth Amendment dated November 5, 2003, by that certain Seventh Amendment dated November 26, 2003 , by that certain Eighth Amendment dated December 31, 2007, by that certain Ninth Amendment dated March 27, 2008, by that Tenth Amendment dated April 4, 2008, by that certain Eleventh Amendment dated September 23, 2011, by that certain Twelfth Amendment dated February 12, 2013, by that certain Thirteenth Amendment dated November 12, 2014, by that certain Fourteenth Amendment dated January 23, 2018, by that certain Fifteenth Amendment dated May 9, 2018, by that certain Sixteenth Amendment dated September 17, 2019, and by that certain Seventeenth Amendment dated June 29, 2021 (as amended, the “Agreement”); WHEREAS, pursuant to a Contribution Agreement, dated November 5, 2019, as amended by that certain First Amendment to the Contribution Agreement dated March 5, 2021 (as amended, the “Contribution Agreement”), among the Partnership and 0000 Xxxxxxxxx Xxxx LLC, an affiliate of the Partnership (the “Company”), the Company agreed to contribute certain fee and leasehold interests in certain land and the improvements located thereon known as Twinbrook Quarter to the Partnership in exchange (at a time and on the terms and conditions set forth in the Contribution Agreement) for Partnership Units; WHEREAS, the undersigned parties, constituting all of the Partners of the Partnership, desire to amend Exhibit A to the Agreement to reflect such additional Capital Contribution and to consent to the issuance of additional Partnership Units in accordance with the terms set forth in the Contribution Agreement.
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Exhibit 10.(a) 3 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment as of the date first written above. GENERAL PARTNER XXXX CENTERS, INC., a Maryland corporation By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President and Chief Financial Officer LIMITED PARTNERS X. X. XXXX REAL ESTATE INVESTMENT TRUST, a Maryland unincorporated business trust By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: Chairman and Chief Executive Officer WESTMINSTER INVESTING, LLC, a Maryland limited liability company By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: President XXX XXXX SQUARE CORPORATION, a Maryland corporation By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: President
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Exhibit 10.(a) 4 DEARBORN, L.L.C., a Delaware limited liability company By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: Chief Executive Officer X.X. XXXX PROPERTY COMPANY, a Maryland corporation By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: Chairman of the Board AVENEL EXECUTIVE PARK PHASE II, L.L.C., a Maryland limited liability company By: /s/ D. Xxxx Xxxxxxx Name: D. Xxxx Xxxxxxx Title: President 0000 XXXXXXXXX XXXX LLC, a Delaware limited liability company By: /s/ X. Xxxxxxx Xxxx XX Name: X. Xxxxxxx Xxxx XX Title: Chief Executive Officer
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Exhibit 10.(a) 5 Exhibit A
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Exhibit 10.(a) 6