WAIVER LETTER
Exhibit 10.17
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July 23, 2006 |
Lexington Corporate Properties Trust
Xxx Xxxx Xxxxx
Xxxxx 0000
Xxx Xxxx, XX 00000-0000
Xxxxxx Xxxxxx of America
Gentlemen:
Reference is made to (i) the Employment Agreement dated as of May 4, 2006 (“Employment Agreement”), between me and Lexington Corporate Properties Trust (“LXP”) and (ii) that certain Agreement and Plan of Merger, dated as of July 23, 2006 (the “Merger Agreement”), by and among LXP and Xxxxxxx Realty Trust, Inc (“NKT”).
I hereby waive any rights I may have as a result of a Change of Control (as defined in the Employment Agreement) in connection with the transactions contemplated by the Merger Agreement, including, without limitation (1) any payments or accelerated vesting rights pursuant to Section 6 of the Employment Agreement and (2) any accelerated vesting or payment rights triggered upon a change in control and set forth in any restricted stock or deferred compensation agreement or any incentive or compensation plan, program or arrangement (the “Waiver”).
This Waiver shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any laws thereof or choice of law principles that would require the application of the laws of any other jurisdiction.
Please acknowledge your agreement with the terms of this letter agreement by signing below.
Sincerely,
/s/ E. Xxxxxx Xxxxxxx
E. Xxxxxx Xxxxxxx
Acknowledged and Agreed to:
Lexington Corporate Properties Trust
By:/s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
|
|
July 23, 2006 |
Lexington Corporate Properties Trust
Xxx Xxxx Xxxxx
Xxxxx 0000
Xxx Xxxx, XX 00000-0000
Xxxxxx Xxxxxx of America
Gentlemen:
Reference is made to (i) the Employment Agreement dated as of May 4, 2006 (“Employment Agreement”), between me and Lexington Corporate Properties Trust (“LXP”) and (ii) that certain Agreement and Plan of Merger, dated as of July 23, 2006 (the “Merger Agreement”), by and among LXP and Xxxxxxx Realty Trust, Inc (“NKT”).
I hereby waive any rights I may have as a result of a Change of Control (as defined in the Employment Agreement) in connection with the transactions contemplated by the Merger Agreement, including, without limitation (1) any payments or accelerated vesting rights pursuant to Section 6 of the Employment Agreement and (2) any accelerated vesting or payment rights triggered upon a change in control and set forth in any restricted stock or deferred compensation agreement or any incentive or compensation plan, program or arrangement (the “Waiver”).
This Waiver shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any laws thereof or choice of law principles that would require the application of the laws of any other jurisdiction.
Please acknowledge your agreement with the terms of this letter agreement by signing below.
Sincerely,
/s/ Xxxxxxx X. Xxxxx
Xxxxxxx X. Xxxxx
Acknowledged and Agreed to:
Lexington Corporate Properties Trust
By:/s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
|
|
July 23, 2006 |
Lexington Corporate Properties Trust
Xxx Xxxx Xxxxx
Xxxxx 0000
Xxx Xxxx, XX 00000-0000
Xxxxxx Xxxxxx of America
Gentlemen:
Reference is made to (i) the Employment Agreement dated as of May 4, 2006 (“Employment Agreement”), between me and Lexington Corporate Properties Trust (“LXP”) and (ii) that certain Agreement and Plan of Merger, dated as of July 23, 2006 (the “Merger Agreement”), by and among LXP and Xxxxxxx Realty Trust, Inc (“NKT”).
I hereby waive any rights I may have as a result of a Change of Control (as defined in the Employment Agreement) in connection with the transactions contemplated by the Merger Agreement, including, without limitation (1) any payments or accelerated vesting rights pursuant to Section 6 of the Employment Agreement and (2) any accelerated vesting or payment rights triggered upon a change in control and set forth in any restricted stock or deferred compensation agreement or any incentive or compensation plan, program or arrangement (the “Waiver”).
This Waiver shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any laws thereof or choice of law principles that would require the application of the laws of any other jurisdiction.
Please acknowledge your agreement with the terms of this letter agreement by signing below.
Sincerely,
/s/ X. Xxxxxx Eglin
X. Xxxxxx Eglin
Acknowledged and Agreed to:
Lexington Corporate Properties Trust
By:/s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
|
|
July 23, 2006 |
Lexington Corporate Properties Trust
Xxx Xxxx Xxxxx
Xxxxx 0000
Xxx Xxxx, XX 00000-0000
Xxxxxx Xxxxxx of America
Gentlemen:
Reference is made to (i) the Employment Agreement dated as of May 4, 2006 (“Employment Agreement”), between me and Lexington Corporate Properties Trust (“LXP”) and (ii) that certain Agreement and Plan of Merger, dated as of July 23, 2006 (the “Merger Agreement”), by and among LXP and Xxxxxxx Realty Trust, Inc (“NKT”).
I hereby waive any rights I may have as a result of a Change of Control (as defined in the Employment Agreement) in connection with the transactions contemplated by the Merger Agreement, including, without limitation (1) any payments or accelerated vesting rights pursuant to Section 6 of the Employment Agreement and (2) any accelerated vesting or payment rights triggered upon a change in control and set forth in any restricted stock or deferred compensation agreement or any incentive or compensation plan, program or arrangement (the “Waiver”).
This Waiver shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any laws thereof or choice of law principles that would require the application of the laws of any other jurisdiction.
Please acknowledge your agreement with the terms of this letter agreement by signing below.
Sincerely,
/s/ Xxxxxxx Xxxxxxx
Xxxxxxx Xxxxxxx
Acknowledged and Agreed to:
Lexington Corporate Properties Trust
By:/s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
|
|
July 23, 2006 |
Lexington Corporate Properties Trust
Xxx Xxxx Xxxxx
Xxxxx 0000
Xxx Xxxx, XX 00000-0000
Xxxxxx Xxxxxx of America
Gentlemen:
Reference is made to (i) the Employment Agreement dated as of May 4, 2006 (“Employment Agreement”), between me and Lexington Corporate Properties Trust (“LXP”) and (ii) that certain Agreement and Plan of Merger, dated as of July 23, 2006 (the “Merger Agreement”), by and among LXP and Xxxxxxx Realty Trust, Inc (“NKT”).
I hereby waive any rights I may have as a result of a Change of Control (as defined in the Employment Agreement) in connection with the transactions contemplated by the Merger Agreement, including, without limitation (1) any payments or accelerated vesting rights pursuant to Section 6 of the Employment Agreement and (2) any accelerated vesting or payment rights triggered upon a change in control and set forth in any restricted stock or deferred compensation agreement or any incentive or compensation plan, program or arrangement (the “Waiver”).
This Waiver shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to any laws thereof or choice of law principles that would require the application of the laws of any other jurisdiction.
Please acknowledge your agreement with the terms of this letter agreement by signing below.
Sincerely,
/s/ Xxxx X. Xxxxxx Zwaag
Xxxx X. Xxxxxx Zwaag
Acknowledged and Agreed to:
Lexington Corporate Properties Trust
By:/s/ Xxxxxx X. Xxxxxxxxx
Name: Xxxxxx X. Xxxxxxxxx
Title: Vice President
