TWELFTH AMENDMENT TO FORMATION AND CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONSFormation and Contribution Agreement and Joint Escrow Instructions • February 5th, 2010 • Nationwide Health Properties Inc • Real estate investment trusts • California
All representations and warranties made by the undersigned in Section 8 of the Contribution Agreement, and all other representations and warranties set forth in Section 8 of the Contribution Agreement, are true and correct on and as of the Effective Date (except with respect to representations and warranties made as of a prior date, which shall be true and correct in all material respects as of such date, and provided that (i) attached hereto as Attachment No. 1 is a true, correct and complete copy of Exhibit “V-1” to the Contribution Agreement with respect to the Property leased by the undersigned as of the Effective Date and (ii) attached hereto as Attachment No. 2 is a true, correct and complete copy of Exhibit “W” to the Contribution Agreement with respect to the Property leased by the undersigned as of the Effective Date) and as of the Closing Date.
