AMENDMENT NO. 2 TO PURCHASE AND SALE AGREEMENT
Exhibit 10.3
EXECUTION COPY
AMENDMENT NO. 2 TO
PURCHASE AND SALE AGREEMENT
PURCHASE AND SALE AGREEMENT
THIS AMENDMENT NO. 2 TO PURCHASE AND SALE AGREEMENT (“Amendment”) is made as of the 20th day
of February, 2008, between The Lexington Master Limited Partnership, a Delaware limited partnership
(“LMLP”), and Net Lease Strategic Assets Fund L.P., a Delaware limited partnership (the
“Partnership”).
RECITALS
A. LMLP and the Partnership have previously entered into a certain Purchase and Sale
Agreement, dated as of August 10, 2007, as amended by that certain Amendment No. 1 to Purchase and
Sale Agreement, dated as of December 20, 2008 (as amended, the “Agreement”), having as the subject
matter the sale of property or properties and direct or indirect interests in owners of property or
properties as set forth on Schedule 1 of the Agreement.
B. Except as expressly provided herein, all capitalized terms shall have the same meanings as
set forth in the Agreement.
B. LMLP and the Partnership desire to modify and amend the Agreement pursuant to Section
6.3 of the Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained in the
Agreement and this Amendment and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1.1 Section 1.1. Section 1.1 is hereby amended by deleting the following
defined terms:
“Honeywell Lease” means that certain Lease and Agreement, dated as of April 26,
1985, between Lexington Glendale LLC (as successor to GlenArrow Associates Limited
Partnership by assignment) and Honeywell International Inc. (as successor to Sperry
Corporation by assignment).
“Honeywell Property” means the property located at 00000 X. 00xx Xxxxxx,
Xxxxxxxx, Xxxxxxx.
1.2 Section 1.1. Section 1.1 is hereby amended by adding the following
defined terms:
“Xxxxx Xxxxxx Xxxxxxxxxxx Property” means the property located at 0000 Xxxxxxx Xxxx
Xxxx, Xxx Xxxxxxxxx, Xxxxx.
“Raytheon Property” means the property located at 0000 Xxxxxxx Xxxx, Xxxxxxx, Xxxxx.
1.3 Section 3.1(c). Section 3.1(c) is hereby amended by deleting it in its
entirety and replacing it with the following:
Leases. As of a Closing: with respect to each Sold Asset, (i) the current
Tenant Estoppel for the applicable Lease disclosing no matters reasonably
objectionable to the Partnership and Inland, have been delivered to the Partnership
and Inland; (ii) the current Ground Lease Estoppel for the applicable Ground Lease,
if applicable, disclosing no matters reasonably objectionable to the Partnership and
Inland, have been delivered to the Partnership and Inland; (iii) the consent of the
ground lessor under the Ground Lease, if applicable and if required under the Ground
Lease; (iv) the Leases and, if applicable, the Ground Leases shall be in full force
and effect and no monetary or material nonmonetary default or claim by landlord or
tenant shall have arisen under any Leases or, if applicable, the Ground Lease that
was not specifically disclosed in writing to the Partnership and Inland; (v) no
tenant at the applicable Property shall have initiated or had initiated against it
any insolvency, bankruptcy, receivership or other similar proceeding; (iv) there
shall not have been any amendment to the Lease or Ground Lease, as applicable, after
the date hereof, unless consented to by the Partnership and Inland; and (vii) there
shall not have occurred an event of any material damage or destruction to the
applicable Property or any significant condemnation of such Property which are not
the obligation of the tenants thereof to repair and renders such Sold Asset unusable
by the tenant thereof or gives the tenants thereof the right to terminate.
1.4 Article 7. Article 7 is hereby amended by deleting Section 7.3 in
its entirety and replacing it with the following:
Condition Precedent to Closing for Xxxxx Xxxxxx Xxxxxxxxxxx Property.
Notwithstanding anything to the contrary, the obligation of each of the Partnership
and LMLP to consummate a Closing with respect to the Interests related to the Xxxxx
Xxxxxx Xxxxxxxxxxx Property is subject to the acquisition by NLSAF Xxxxxxx X.X. of a
100% fee interest in the Raytheon Property.
1.5 Schedule 1. Schedule 1 is hereby amended by deleting it in its entirety
and replacing it with Schedule 1 hereto.
1.6 Schedule 2. Schedule 2 is hereby amended by deleting it in its entirety
and replacing it with Schedule 2 hereto.
1.7 Schedule 2.5. Schedule 2.5 is hereby amended by deleting it in its
entirety and replacing it with Schedule 2.5 hereto.
1.8 Schedule 2.8. Schedule 2.8 is hereby amended by deleting it in its
entirety and replacing it with Schedule 2.8 hereto.
1.9 Schedule 4.2. Schedule 4.2 is hereby amended by deleting it in its
entirety and replacing it with Schedule 4.2 hereto.
1.10 No Further Amendment. Except as expressly provided for in this Amendment, the
Agreement is in full force and effect and in accordance with its terms and is not further amended.
2
1.11 Counterparts. This Amendment may be executed in multiple counterparts and by
facsimile signatures, each of which shall be deemed to be an original, but all of which together,
when fully executed shall constitute the same Amendment.
3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed on their
behalf as of the date first above written.
| THE LEXINGTON MASTER LIMITED | ||||||
| PARTNERSHIP, a Delaware limited Partnership | ||||||
| By: Lex GP-1 Trust, a Delaware statutory trust, its general partner |
||||||
| By: | /s/ Xxxxxx X. Xxxxxxxxx | |||||
| Name: | Xxxxxx X. Xxxxxxxxx | |||||
| Title: | Senior Vice President | |||||
| NET LEASE STRATEGIC ASSETS FUND L.P., a Delaware limited partnership | ||||||
| By: | LMLP GP, a Delaware limited partnership, its general partner |
|||||
| By: | /s/ Xxxxxx X. Xxxxxxxxx | |||||
| Name: | Xxxxxx X. Xxxxxxxxx | |||||
| Title: | Senior Vice President | |||||
The undersigned LMLP Sale Affiliates, severally and solely with respect to the Sold Asset or Sold
Assets set forth opposite their respective name on Schedule 1 hereto, agree to sell such
Sold Asset or Sold Asset subject to and in accordance with the terms and conditions of the
Agreement and this Amendment:
| LSAC Operating Partnership L.P. | ||||
| By: LSAC General Partner LLC | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lexington TIC OK Holdings L.P. | ||||
| By: Lexington TIC OK LLC, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Triple Net Investment Company LLC | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Net 3 Acquisition L.P. | ||||
| By: Lex GP-1 Trust, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lepercq Corporate Income Fund L.P. | ||||
| By: Lex GP-1 Trust, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lexington Acquiport Company II, LLC | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lexington Foxboro I LLC | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Westport View Corporate Center L.P. | ||||
| By: Lexington Westport LLC, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lexington Realty Trust | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Executive Vice President | |||
| LXP I, L.P. | ||||
| By: LXP I Trust, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| North Tampa Associates | ||||
| By: Lexington Realty Trust, its managing general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lexington Texas Holdings L.P. | ||||
| By; Lexington Texas Holdings Manager LLC, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
| Lepercq Corporate Income Fund II L.P. | ||||
| By: Lex GP-1 Trust, its general partner | ||||
By:
|
/s/ Xxxxxx X. Xxxxxxxxx | |||
Name:
|
Xxxxxx X. Xxxxxxxxx | |||
Title:
|
Senior Vice President | |||
SCHEDULE 1
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
American Golf Corporation |
00000 X. Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Xxxxxxxx | $ | 5,300,000 | — | 100% membership interest in LSAC Oklahoma City Manager LLC and 100 limited partnership interest in LSAC Oklahoma L.P. | LSAC Oklahoma City L.P. | LSAC Oklahoma Manager LLC |
LSAC Operating Partnership L.P. | |||||||||||||
40% tenancy-in-common interest |
AT&T Wireless Services, Inc. | 0000 Xxxxx Xxxxxxx Xxxxxxx, Xxxxxxxx Xxxx, Xxxxxxxx |
$ | 10,078,021 | $ | 5,899,549 | 100% membership interest in Lexington Oklahoma City Manager LLC and 100% limited partnership interest in Lexington Oklahoma City L.P. | Lexington Oklahoma City L.P. | Lexington Oklahoma City Manager LLC |
Lexington TIC OK Holdings L.P. | ||||||||||||
Fee interest
|
Bay Valley Foods, LLC |
0000 Xxx Xxxxxx Xxx, Xxxxxxxx, Xxxxxxx |
$ | 8,900,000 | $ | 6,584,860 | 100% membership interest in LSAC Plymouth Manager LLC and 100% limited partnership interest in LSAC Plymouth L.P. | LSAC Plymouth L.P. | LSAC Plymouth Manager LLC |
LSAC Operating Partnership L.P. | ||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee Interest
|
Xxxxx Xxxxxx, Inc. | 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxx |
$ | ___ | $ | ___ | 100% membership interest in NLSAF BHI Xxxxxxxx XX LLC (after transfer of general partner interest in Texan Xxxxxxxxxxx Limited Partnership from Lexington BHI Trust) and 99.5% limited partnership interest in Texan Xxxxxxxxxxx Limited Partnership | Texan Xxxxxxxxxxx Limited Partnership |
NLSAF BHI Xxxxxxxx XX LLC (after transfer of general partner interest in Texan Xxxxxxxxxxx Limited Partnership from Lexington BHI Trust) | Lexington Realty Trust |
||||||||||||
Fee interest
|
Corning, Inc. | 000 Xxxxxxx Xxxx, Xxxxx, Xxx Xxxx |
$ | 15,352,633 | $ | 9,299,052 | 100% membership interest in Lexington TNI Xxxxx Manager LLC and 100% limited partnership interest in Lexington TNI Xxxxx X.X. | Lexington TNI Xxxxx X.X. | Lexington TNI Xxxxx Manager LLC |
Triple Net Investment Company LLC |
||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
Xxx Communications, Inc. | 0000 Xxxx 00xx Xxxxxx, Xxxxxx, Xxxxxxx |
$ | 6,837,206 | $ | 2,257,957 | 100% membership interest in Net 2 Xxx LLC |
Net 2 Xxx LLC | Net 3 Acquisition L.P. | |||||||||||||
Fee interest
|
Georgia Power Company |
0000 Xxxxxxx Xxxxx Xxxxxxx, XxXxxxxxx, Xxxxxxx |
$ | 19,500,000 | $ | 12,675,000 | 100% membership interest in Acquiport XxXxxxxxx Manager LLC and 99.5% limited partnership interest in Acquiport XxXxxxxxx X.X. | Acquiport XxXxxxxxx X.X. | Acquiport XxXxxxxxx Manager LLC |
Lexington Acquiport Company II, LLC |
||||||||||||
Fee interest
|
Ivensys Systems, Inc. (Xxxxx, Inc.) | 00 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx |
$ | ___ | $ | ___ | 100% membership interest in Lexington Foxboro I LLC |
Lexington Foxboro I LLC |
Lepercq Corporate Income Fund L.P. | |||||||||||||
Fee interest
|
Xxxxxx-Xxxxxxx Clinic (St. Lukes Episcopal Health System) | 00000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxx |
$ | ___ | $ | ___ | 100% membership interest in Lexington Xxxxxxxxx Manager LLC and 100% limited partnership interest in Lexington Xxxxxxxxx L.P. | Lexington Xxxxxxxxx L.P. | Lexington Xxxxxxxxx Manager LLC |
Westport View Corporate Center L.P. | ||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
Xxxxxx Loan Servicing L.P. (Credit-Based Asset Servicing and Securitization LLC) | 0000 Xxxxx Xxxx Xxxxx, XxXxxxxxx, Xxxxxxx |
$ | 13,750,000 | — | 100% membership interest in NLSAF XxXxxxxxx Manager LLC and 100% limited partnership interest in NLSAF XxXxxxxxx X.X. | NLSAF XxXxxxxxx X.X. | NLSAF XxXxxxxxx Manager LLC |
Lexington Realty Trust |
|||||||||||||
Fee interest
|
Xxxxxxxxxx County Management, LLC |
00000 Xx. Xxxxx Xxx, Xxxxxxxxx, Xxxxx | $ | 10,000,000 | $ | 7,500,000 | 100% membership interest in LSAC Woodlands Manager LLC and 99.5% limited partnership interest in LSAC Woodlands L.P. | LSAC Woodlands L.P. | LSAC Woodlands L.P. | LSAC Operating Partnership L.P. | ||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
Nextel of Texas | 0000 Xxxxxxxxx Xxxx, Xxxxxx, Xxxxx |
$ | 19,750,000 | $ | 8,757,807 | 100% membership interest in Lexington Temple Manager Trust and 99% limited partnership interest in Lexington Temple L.P. | Lexington Temple L.P. | Lexington Temple Manager Trust (which will be converted to Lexington Temple Manager, LLC thereafter) | Lexington Realty Trust |
||||||||||||
Fee interest
|
Nextel West Corporation |
0000 Xxxxx Xxxxxxx 000 X.X., Xxxxxxxxx, Xxxxxxxxxx | $ | 15,498,614 | $ | 6,473,162 | 100% membership interest in Lexington Bremerton Manager LLC |
Lexington Bremerton LLC |
Lexington Bremerton Manager LLC |
Lexington Realty Trust |
||||||||||||
Fee interest
|
Northrop Grumman Systems Corp. | 0000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxx |
$ | 6,300,000 | — | 100% membership interest in LSAC Pascagoula Manager LLC and 100% limited partnership interest in LSAC Pascagoula L.P. | LSAC Pascagoula L.P. | LSAC Pascagoula Manager LLC |
LSAC Operating Partnership L.P. | |||||||||||||
Fee interest
|
Omnipoint Holdings, Inc. (T-Mobile USA, Inc.) | 000 Xxxxx Xxxx Xxxxx, Xxxxxxx, Xxxxx |
$ | 15,185,754 | $ | 10,226,839 | 100% membership interest in Acquiport Oakland Manager LLC and 100% limited partnership interest in Acquiport Oakland L.P. | Acquiport Oakland L.P. | Acquiport Oakland Manager LLC |
Lexington Acquiport Company II, LLC |
||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
Xxxxx Corning | 0000 00xx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx |
$ | 8,243,486 | — | 100% membership interest in Lexington Minneapolis L.L.C. | Lexington Minneapolis L.L.C. | Lepercq Corporate Income Fund L.P. | ||||||||||||||
Fee interest
|
Parkway Chevrolet, Inc. | 00000 XX 000, Xxxxxxx, Xxxxx |
$ | 14,500,000 | $ | 9,308,850 | 100% membership interest in LSAC Tomball Manager LLC and 100% limited partnership interest in LSAC Tomball L.P. | LSAC Tomball L.P. | LSAC Tomball Manager LLC |
LSAC Operating Partnership L.P. | ||||||||||||
Fee interest
|
Seimens Dematic Postal Automation |
0000-0000 Xxxxx Xxxx Xxxxxxx, Xxxxxxxxx, Xxxxx |
$ | ___ | $ | ___ | 100% membership interest in Lexington Arlington Manager LLC and 99.5% limited partnership interest in Lexington Arlington L.P. | Lexington Arlington L.P. | Lexington Arlington Manager LLC |
Lexington Acquiport Company II, LLC |
||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
Silver Spring Gardens, Inc. (Xxxxxxxxxx Farms, Inc.) | 0000 Xxxxxx Xxxx, Xxx Xxxxxx, Xxxxxxxxx |
$ | 12,400,000 | — | 100% membership interest in LSAC Eau Claire Manager LLC and 100% limited partnership interest in LSAC Eau Claire L.P. | LSAC Eau Claire L.P. | LSAC Eau Claire Manager LLC |
LSAC Operating Partnership L.P. | |||||||||||||
Fee interest
|
SKF USA Inc. | 000 Xxxxxxxxxx Xxxx Xxxx, Xxxxxxxx, Xxxxx Xxxxxxxx |
$ | 4,939,363 | $ | 1,472,638 | Fee interest | Lexington Realty Trust |
Lexington Realty Trust |
|||||||||||||
Fee interest
|
Tenneco Automotive Operation Company (Tenneco Automotive Inc.) | 000 Xxxxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx |
$ | ___ | — | Fee interest | LXP I, L.P. | LXP I, L.P. | ||||||||||||||
Fee interest
|
Time Customer Service, Inc. (Time, Inc.) | 00000 Xxxxx 00xx Xxxxxx, Xxxxx, Xxxxxxx |
$ | ___ | $ | ___ | Fee interest | North Tampa Associates |
North Tampa Associates |
|||||||||||||
| Net | ||||||||||||||||||||||
| Prorations | ||||||||||||||||||||||
| and | ||||||||||||||||||||||
| Adjustments | ||||||||||||||||||||||
| Property | (See | GP/Manager | LMLP Sale | |||||||||||||||||||
| Type | Primary Tenant | Address | Attached) | Purchase Price | Loans | Sold Assets | Owner | Entity | Affiliate | |||||||||||||
Fee interest
|
TRW, Inc. (Experian Information Solutions, Inc.) | 601 & 000 Xxxxxxxx Xxxxxxx, Xxxxx, Xxxxx |
$ | ___ | $ | ___ | 100% membership interest in Lexington Xxxxx Manager LLC and 100% limited partnership interest in Lexington Xxxxx X.X. | Lexington Xxxxx X.X. | Lexington Xxxxx Manager LLC |
Lexington Texas Holdings L.P. | ||||||||||||
Fee interest
|
Voicestream PCS I (T-Mobile USA, Inc.) | 0000 X.X. 0xx Xxxxxx, Xxxxxxx, Xxxxxx | $ | 22,079,662 | $ | 9,605,384 | 100% membership interest in Lexington Xxxxxxx Manager LLC |
Lexington Xxxxxxx LLC |
Lexington Xxxxxxx Manager LLC |
Lepercq Corporate Income Fund II L.P. | ||||||||||||
Fee interest
|
Voicestream PCS II (T-Mobile USA, Inc.) | 0000 Xxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxx |
$ | 19,014,738 | $ | 10,098,936 | 100% membership interest in Acquiport Lenexa Manager LLC |
Acquiport Lenexa LLC | Acquiport Lenexa Manager LLC |
Lexington Acquiport Company II, LLC |
||||||||||||
SCHEDULE 2
Lease, dated as of September 27, 2000, between Texan Training Limited Partnership and Xxxxx Xxxxxx
Incorporated, as amended
Lease Agreement, date d as of March 14, 2003, between LSAC Plymouth L.P. (as successor to Xxx
Xxxxxx LLC by assignment and Bay Valley Foods, LLC (as successor by assignment to Xxxx Specialty
Foods Group, LLC by assignment), as amended and assigned
Nextel Communications Standard Office Lease Agreement, dated January 30, 2001, between Nextel West
Corp. and Lexington Bremerton LLC (as successor to NBS Bremerton, L.L.C. by assignment), as amended
and assigned
Office Lease Agreement, dated as of July 13, 2004, between Lexington Xxxxxxxxx L.P. (as successor
to TDC KS, L.P. by assignment) and KS Management Services, LP, as amended and assigned
Lease Agreement, dated as of March 30, 2004, between Acquiport Lenexa LLC (as successor to HP
Kansas City, LLC by assignment) and Voicestream PCS II Corporation, as amended and assigned
Lease Agreement, dated as of December 27, 2004, between Acquiport Oakland L.P. (as successor to HP
Maine, LLC by assignment) and Omnipoint Holdings, Inc., as amended and assigned
Lease Agreement, dated as of August 5, 2007, between Lexington Xxxxxxx LLC (as successor to HP
Xxxxxxx, LLC by assignment) and Voicestream PCS I LLC, as amended and assigned
Lease Agreement, dated September 28, 1990, between Net 2 Xxx (as successor to Net 2 L.P. by
assignment) and CoxCom, Inc. (as successor to Xxxxx Cable Systems of Tucson by assignment), as
amended and assigned
Nextel Communications Standard Office Lease Agreement, dated as of , between Nextel of Texas Inc.
and Lexington Temple L.P. (as successor to NBS Temple, L.L.C. by assignment), as amended and
assigned
SCHEDULE 2.5
ORGANIZATIONAL CHART
[Intentionally omitted from filing]
SCHEDULE 2.8
RENT ROLL
[Intentionally omitted from filing]
SCHEDULE 2.17
TENANT ESTOPPELS
American Golf / Silverhorn
AT&T
Xxxxx Xxxxxx-Xxxxxxxxxxx
(Xxxxxxx)
Bay Valley Foods
Corning
Cox
Experian
Georgia Power
Xxxxxxxxxx
Invensys
Xxxxxx Loan / CBASS
Xxxxxxxxxx County Mgnt/Xxxxxx
Nextel-Bremerton
Nextel-Temple
Northrop Grumman
Xxxxx Corning-Minneapolis
Parkway Chevrolet
Seimens
SKF
St. Lukes/Xxxxxx Xxxxxxx
Tenneco
Time
T-Mobile-Lenexa
T-Mobile-Oakland
T-Mobile-Redmond
AT&T
Xxxxx Xxxxxx-Xxxxxxxxxxx
(Xxxxxxx)
Bay Valley Foods
Corning
Cox
Experian
Georgia Power
Xxxxxxxxxx
Invensys
Xxxxxx Loan / CBASS
Xxxxxxxxxx County Mgnt/Xxxxxx
Nextel-Bremerton
Nextel-Temple
Northrop Grumman
Xxxxx Corning-Minneapolis
Parkway Chevrolet
Seimens
SKF
St. Lukes/Xxxxxx Xxxxxxx
Tenneco
Time
T-Mobile-Lenexa
T-Mobile-Oakland
T-Mobile-Redmond
SCHEDULE 4.2
PERMITTED EXCEPTIONS
[Intentionally omitted from filing]
