SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Exhibit 10.9
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this “Amendment”) is made as of April 8, 2015, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST III OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Buyer”), as buyer, and R.H.C. INVESTMENTS I., INC., a Florida corporation, and X.X. XXXXXXX, M.D., an individual (individually and collectively, “Seller”), as seller.
WHEREAS, American Realty Capital Healthcare Trust II Operating Partnership, L.P., a Delaware limited partnership (“HCT OP II”), and Seller entered into that certain Agreement for Purchase and Sale of Real Property, having an effective date of March 2, 2015 (the “Initial Agreement”), and that certain First Amendment to Agreement for Purchase and Sale of Real Property, dated as of April 1, 2015 (as amended, the “Agreement”), with regard to the Property, as more particularly described in the Agreement. Buyer and Seller wish to amend the Agreement as provided herein.
WHEREAS, HCT OP II assigned its rights under the Agreement to Buyer pursuant to that certain Assignment and Assumption of Agreement of Purchase and Sale of Real Property, dated as of April 1, 2015.
NOW, THEREFORE, in consideration of the mutual promise contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree that the Agreement shall be amended as follows:
1.Closing. Notwithstanding anything to the contrary contained in the Agreement, the Closing shall occur on April 17, 2015, and such date shall be the Closing Date under the Agreement. Time is of the essence with respect to Seller’s obligation to close on or before the Closing Date, subject to Buyer’s right to adjourn the Closing as permitted under the Agreement.
2.Miscellaneous. Except as expressly modified hereby the terms of the Agreement shall remain in full force and effect as written. Capitalized terms used herein but not defined herein shall have the meanings given to such terms in the Agreement. This Amendment may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become a binding agreement when one or more counterparts have been signed by each of the parties and delivered to the other party. Signatures on this Amendment which are transmitted electronically shall be valid for all purposes, however any party shall deliver an original signature of this Amendment to the other party upon request.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first set forth above.
BUYER: | SELLER: |
AMERICAN REALTY CAPITAL HEALTHCARE TRUST III OPERATING PARTNERSHIP, L.P., a Delaware limited partnership | R.H.C. INVESTMENTS I., INC., a Florida corporation |
By: American Realty Capital Healthcare Trust III, Inc., a Maryland corporation, its general partner | By: /s/ Xxxxxxxxxx X. Xxxxxxx Name: Xxxxxxxxxx X. Xxxxxxx Title: President |
By: /s/ Xxxxxx X. R’Arcy | |
Name: Xxxxxx X. D’Arcy Title: CEO | /s/ Xxxxxxxxxx X. Xxxxxxx X.X. XXXXXXX, M.D., an individual |
Second Amendment to PSA – Dialysis Medical Office Portfolio
