EXHIBIT 10.13
MARLTON, NEW JERSEY
FIRST AMENDMENT TO
SECOND AMENDED AND RESTATED LEASE AGREEMENT
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED LEASE AGREEMENT (the
"First Amendment") is made and entered into on this the 31st day of December,
2004, by and between 92 BRICK ROAD, LLC, a Delaware limited liability company
("Lessor"), and 00 XXXXX XXXX OPERATING COMPANY, LLC, a Delaware limited
liability company ("Lessor") as follows:
RECITALS:
A. Lessor and Lessee entered into that certain Second Amended and Restated
Lease Agreement dated as of December 20, 2004 (the "Lease"), whereby the Lessor
leased to Lessee certain leased property, including the real property located in
Marlton, Burlington County, New Jersey, as described in the Lease.
X. Xxxxxx and Lessee desire to amend the terms, conditions and provisions
of the Lease.
NOW, THEREFORE, in consideration of mutual covenants, conditions and
agreements herein contained, the parties hereto agree that the Lease is hereby
amended as follows:
1. AMENDMENT.
Article XXI ("Substitution of Property") is hereby deleted in its
entirety, and all references in the Lease to the substitution property and the
"substituted property" are hereby deleted in their entirety.
2. REPRESENTATION. Lessee represents and warrants that no consents,
approvals or notices are required to be obtained from or given to any persons in
connection with the execution of this First Amendment.
3. NO DEFAULTS. Lessee represents and warrants that all representations
and warranties set forth in the Lease are true and correct at the date hereof
and that there are no defaults or events of default under the Lease.
4. RATIFICATION. Except as expressly amended hereby, the Lease is hereby
confirmed and ratified in all respects by each of the parties thereto.
5. MISCELLANEOUS.
(a) Lessee acknowledges, represents and warrants that the officer of the
Lessee, whose name is signed to this First Amendment, has been duly and properly
authorized by the Lessee to sign this First Amendment for and on behalf of the
Lessee.
(b) This First Amendment may be executed in separate counterparts each of
which shall be an original and all of which shall be deemed to be one and the
same instrument.
[ See Following Page for Signatures ]
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IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment
to be effective as of the date first written above.
LESSOR:
92 BRICK ROAD, LLC, a Delaware limited
liability company
By: MPT Operating Partnership, L.P.
Its: Sole Member
By: /s/ R. Xxxxxx Xxxxxx
-----------------------------------
R. Xxxxxx Xxxxxx
Its: Executive Vice President and
Chief Financial Officer
LESSEE:
00 XXXXX XXXX OPERATING COMPANY,
LLC, a Delaware limited liability company
By: /s/ Xxxx X. Xxxxxxxxx
-----------------------------------
Xxxx X. Xxxxxxxxx
Its: President
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STATE OF ALABAMA
JEFFERSON COUNTY
I CERTIFY that on _________________, 200___, R. Xxxxxx Xxxxxx personally
came before me and he acknowledged under oath, to my satisfaction, that:
(a) he signed, sealed and delivered the attached document as the Executive
Vice President and Chief Financial Officer of MPT Operating Partnership, L.P.,
as the Sole Member of 92 Brick Road, LLC, a Delaware limited liability company;
and
(b) the document was signed and made by the limited partnership as the
sole member of the limited liability company as its voluntary act and deed by
virtue of authority from its partners.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year in this certificate first above written.
____________________________
NOTARY PUBLIC
Printed Named: __________________________
[ AFFIX NOTARY SEAL ] My Commission Expires: __________________
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STATE OF _____________
_______________ COUNTY
I CERTIFY that on _________________, 200___, Xxxx X. Xxxxxxxxx personally
came before me and he acknowledged under oath, to my satisfaction, that:
(a) he signed, sealed and delivered the attached document as the President
of 00 Xxxxx Xxxx Operating Company, LLC, a Delaware limited liability company;
and
(b) the document was signed and made by the limited liability company as
its voluntary act and deed by virtue of authority from its members.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year in this certificate first above written.
_____________________________
NOTARY PUBLIC
Printed Named: ___________________________
[ AFFIX NOTARY SEAL ] My Commission Expires: ___________________
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