FORMATION AND SALE AGREEMENT by and among Duke Ventures, LLC, Crescent Resources, LLC, Morgan Stanley Real Estate Fund V U.S., L.P., Morgan Stanley Real Estate Fund V Special U.S., L.P., Morgan Stanley Real Estate Investors V U.S., L.P., MSP Real...Formation and Sale Agreement • November 9th, 2006 • Duke Energy CORP • Electric & other services combined • Delaware
This FORMATION AND SALE AGREEMENT (this “Agreement”) dated as of September 7, 2006 (the “Effective Date”) is made and entered into by and among (i) Duke Ventures, LLC, a Nevada limited liability company (“Duke Ventures”), (ii) Crescent Resources, LLC, a Georgia limited liability company (“Crescent”), and (iii) Morgan Stanley Real Estate Fund V U.S., L.P., a Delaware limited partnership (“MSREF”), Morgan Stanley Real Estate Fund V Special U.S., L.P., a Delaware limited partnership (“MSREF Special”), Morgan Stanley Real Estate Investors V U.S., L.P., a Delaware limited partnership (“MSREI”), MSP Real Estate Fund V, L.P., a Delaware limited partnership (“MSP”), and Morgan Stanley Strategic Investments, Inc., a Delaware corporation (“MSSI” and, together with MSREF, MSREF Special, MSREI, and MSP are collectively referred to herein as the “MS Members”).
