0001144204-09-057332 Sample Contracts

CHANGE IN TERMS AGREEMENT
Change in Terms Agreement • November 9th, 2009 • Mission West Properties Inc • Real estate investment trusts

THIS CHANGE IN TERMS AGREEMENT (this “CIT”) is made by and between Heritage Bank of Commerce, a California banking corporation (“Bank”), with its headquarters address at 150 Almaden Boulevard, San Jose, California 95113, and Mission West Properties, Inc., a Maryland corporation (“Borrower”), with its principal address at 10050 Bandley Drive, Cupertino, California 95014. This CIT is executed on October 13, 2009 and is made effective upon the satisfaction of all of the conditions precedent set forth herein (the “Effective Date”) at San Jose, California.

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CHANGE IN TERMS AGREEMENT
Change in Terms Agreement • November 9th, 2009 • Mission West Properties Inc • Real estate investment trusts

THIS CHANGE IN TERMS AGREEMENT (this "CIT ") is made by and between Heritage Bank of Commerce, a California banking corporation ("Bank"), with its headquarters address at 150 Almaden Boulevard, San Jose, California 95113 and Mission West Properties, Inc., a Maryland corporation (“Borrower”), with its principal address at 10050 Bandley Drive, Cupertino, California 95014. This CIT is executed on August 20, 2009 and is made effective upon the satisfaction of all of the conditions precedent set forth herein (the "Effective Date") at San Jose, California.

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