FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 20th, 2007 • Super MergerSub Inc. • Real estate investment trusts • Maryland
THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of April 19, 2007 (this “Amendment”), is made and entered into by and among New Plan Excel Realty Trust, Inc., a Maryland corporation (the “Company”), Excel Realty Partners, L.P., a Delaware limited partnership (the “DownREIT Partnership” and together with the Company, the “Company Parties”), Super IntermediateCo LLC, a Maryland limited liability company (“Parent”), Super MergerSub, Inc., a Maryland corporation and a wholly owned subsidiary of Parent (“MergerSub”), and Super DownREIT MergerSub LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (the “Super REIT MergerSub” and together with MergerSub and Parent, the “Buyer Parties”).
