THIRD AMENDMENT TO NET LEASE AGREEMENTNet Lease Agreement • November 12th, 2009 • Wells Real Estate Fund Ix Lp • Real estate
This Third Amendment to Net Lease Agreement (this “Amendment”) is executed as of August 24, 2009, between FUND IX, FUND X, FUND XI AND REIT JOINT VENTURE, a Georgia joint venture (“Landlord”), and AVAYA INC., a Delaware corporation (“Tenant”), for the purpose of amending the Net Lease Agreement between Landlord’s predecessor-in-interest with respect to the Lease (defined below) and Tenant’s predecessor-in-interest with respect to the Lease dated May 30, 1997 (the “Original Lease”). The Original Lease, as amended or affected (as applicable) by the Commencement Date Agreement, dated January 5, 1998, First Amendment to Lease Agreement, dated March 30, 1998, the Assignment of Tenant’s Interest in Lease, dated September 30, 2000, and the Second Amendment to Net Lease Agreement dated December 17, 2007, is referred to herein as the “Lease”. Capitalized terms used herein but not defined shall be given the meanings assigned to them in the Lease.
