EXHIBIT 10.9
AMENDMENT TO FOUNDERS' SUBSCRIPTION AGREEMENT,
DATED NOVEMBER 16, 1999
November 16, 1999
Baron Capital Properties, X.X.
Xxxxx Capital Trust
0000 Xxxxxx Xxxx
Xxxxxxxxxx, Xxxx 00000
Gentlemen:
Reference is made to our Founders' Subscription Agreement
("Agreement"), made as of February 3, 1998, whereby each of the undersigned
subscribed for 601,080 Units of limited partnership interest ("Units") in
Baron Capital Properties L.P. ("Partnership"), subject to adjustment, which
can be exchanged for common shares of Baron Capital Trust ("Trust"). The
amount of Units to be received by each of the undersigned is intended to be
exchangeable for an amount equal to 9.5% of the Common Shares of the Trust
issued and outstanding upon completion of the public offering ("Cash
Offering") of the Trust's common shares. It was originally contemplated that
the offering would be completed by May 14, 1999 and that date was extended to
November 30, 1999 which is defined as the "Share Determination Date" in the
Agreement. In view of the fact that the Cash Offering has been further
extended to May 31, 2000, the Share Determination Date in the Agreement has
been amended to reflect that change.
Accordingly, it is hereby agreed that May 31, 2000 shall be
substituted in place of November 30, 1999 as the Share Determination Date in
paragraph 1 of the Agreement.
Kindly indicate your agreement by signing below.
/S/XXXXXXX X. XXXXXXX
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Xxxxxxx X. XxXxxxx
/S/XXXXXX X. XXXXXX
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Xxxxxx X. Xxxxxx
BARON CAPITAL TRUST
By: /S/XXXXXXX X. XXXXXXX
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Xxxxxxx X. XxXxxxx
Chief Executive Officer
BARON CAPITAL PROPERTIES, X.X.
XXXXX CAPITAL TRUST
By: /S/XXXXXXX X. XXXXXXX
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Xxxxxxx X. XxXxxxx
Chief Executive Officer