EXHIBIT 10.8
Second Amendment to Amended and Restated
Security Escrow Agreement,
dated November 16, 1999
SECOND AMENDMENT TO
AMENDED AND RESTATED SECURITY ESCROW AGREEMENT
("AGREEMENT")
RECITALS
A. The termination date of the public offering of Common Shares of
Baron Capital Trust which on April 30, 1999 was extended from May 14, 1999 to
November 30, 1999 has been further extended to May 31, 2000.
For good and valuable consideration, the parties hereto agree that
the Agreement, made as of May 5, 1998, by and among Xxxxxxx X. XxXxxxx,
Xxxxxx X. Xxxxxx, Xxxxx Capital Trust, Baron Capital Properties, L.P. and
American Stock Transfer and Trust Company be and is hereby further amended as
follows:
1. Paragraph 3.1, "May 31, 2000" shall be the "Share Determination
Date" in place of "November 30, 1999."
2. Exhibit A to the Agreement is amended by substituting "May 31,
2000" in place of "November 30, 1999".
Dated: November 16, 1999
BARON CAPITAL TRUST
/S/XXXXXXX X. XXXXXXX By: /S/XXXXXXX X. XXXXXXX
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Xxxxxxx X. XxXxxxx Xxxxxxx X. XxXxxxx
Chief Executive Officer
BARON CAPITAL PROPERTIES
/S/XXXXXX X. XXXXXX By: /S/XXXXXXX X. XXXXXXX
------------------------- ------------------------------
Xxxxxx X. Xxxxxx Xxxxxxx X. XxXxxxx
Chief Executive Officer
AMERICAN STOCK TRANSFER AND TRUST COMPANY
By: /S/XXXXXXX X. XXXXXX
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Xxxxxxx X. Xxxxxx
Vice President
