Exhibit 10.27.1
THIRD AMENDMENT TO REVOLVING CREDIT SECURED PROMISSORY NOTE
This Third Amendment to Revolving Credit Secured Promissory Note ("Amendment"),
is made and entered into this 1st day of January, 2003 by and between Xxxx &
Xxxx Enterprises, LLC, a California limited liability company, or its assigns
("Xxxx") and Mission West Properties, L.P., a Delaware limited partnership,
Mission West Properties, L.P. I, a Delaware limited partnership, Mission West
Properties, X.X. XX, a Delaware limited partnership, and Mission West
Properties, L.P. III, a Delaware limited partnership (collectively referred to
herein as "Mission").
RECITALS
X. Xxxx has provided Mission revolving credit secured by a promissory note and
deed of trust in the amount of $100,000,000 pursuant to that certain
Revolving Credit Secured Promissory Note (the "Note") dated July 1, 2001.
B. Mission has requested and Xxxx has agreed to decrease the amount available
to Mission under the Note by $80,000,000 for a total of $20,000,000 subject
to the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are acknowledged, the parties hereto agree to amend the Note as
follows:
1. CREDIT: The credit available to Mission under the Note secured by a
deed of trust is decreased by $80,000,000 to a total available of
$20,000,000.
2. SECURITY: The deed of trust securing the Note (the "Deed of Trust")
shall be modified and executed by the parties to reflect the decrease
in the credit available under the Note.
3. RATIFICATION OF NOTE: Except as modified herein, the Note is hereby
ratified, approved and confirmed upon all the terms, covenants, and
conditions.
"Xxxx" "Mission"
Xxxx & Xxxx Enterprises, LLC, Mission West Properties, L.P.,
a California limited liability company Mission West Properties, L.P. I,
Mission West Properties, X.X. XX,
Mission West Properties, L.P. III,
Delaware limited partnerships
By: Mission West Properties, Inc.,
Their general partner
By: /s/ Xxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxxxx
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Xxxx X. Xxxx, Xxxxxxx X. Xxxxxx,
Manager President and COO