FIFTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF LEPERCQ CORPORATE INCOME FUND II L.P.Second Amended and Restated Agreement of Limited Partnership • July 24th, 2006 • Lexington Corporate Properties Trust • Real estate investment trusts
This Fifth Amendment (this “Amendment”) to the Second Amended and Restated Agreement of Limited Partnership (the “Agreement”) of Lepercq Corporate Income Fund II L.P. (“LCIF II”), is dated as of July 23, 2006 and is made by Lex GP-1 Trust (“GP”), a Delaware corporation, in its capacity as general partner of LCIF.
VOTING AGREEMENTVoting Agreement • July 24th, 2006 • Lexington Corporate Properties Trust • Real estate investment trusts • New York
This Voting Agreement (“Agreement”) is made and entered into as of July 23, 2006, by and between Lexington Corporate Properties Trust, a Maryland real estate investment trust (the “Company”), and the undersigned limited partner (“Stockholder”) in The Newkirk Master Limited Partnership (“MLP”), the general partner of which is Newkirk Realty Trust, Inc., a Maryland corporation (“NRT”). Certain capitalized terms used in this Agreement are defined in Section 6 hereof and certain other capitalized terms used in this Agreement that are not defined herein shall have the meaning given to such terms in the Merger Agreement (as defined below).
FUNDING AGREEMENTFunding Agreement • July 24th, 2006 • Lexington Corporate Properties Trust • Real estate investment trusts • New York
This FUNDING AGREEMENT (this “Agreement”), dated as of July 23, 2006, is made by and among Lepercq Corporate Income Fund L.P. (“LCIF”), Lepercq Corporate Income Fund II L.P. (“LCIF II”), and Net 3 Acquisition L.P. (“Net 3” and each, an “Operating Partnership” and, collectively, the “Operating Partnerships”) and Lexington Corporate Properties Trust, a Maryland real estate investment trust (“LXP”).
