PURCHASE AND SALE AGREEMENT by and among KIM TOPCO INC., BRANDYWINE OPERATING PARTNERSHIP, L.P. and BDN INVESTMENT TRUST Dated as of December 23, 2015Purchase and Sale Agreement • February 29th, 2016 • Brandywine Operating Partnership, L.P. • Real estate investment trusts • Pennsylvania
THIS PURCHASE AND SALE AGREEMENT, dated as of December 23, 2015 (the “Agreement Date”), is by and among (i) KIM TopCo Inc., a Delaware corporation (“Purchaser”), and (ii) Brandywine Operating Partnership, L.P., a Delaware limited partnership (“Seller”), and BDN Investment Trust, a Maryland real estate investment trust (the “Target Company”). Purchaser, Seller and the Target Company are also sometimes herein referred to individually as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement are defined in Exhibit A.
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • February 29th, 2016 • Brandywine Operating Partnership, L.P. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made and entered into as of January 26, 2016 (the “Amendment Date”) by and among KIM TOPCO INC., a Delaware corporation (“Purchaser”), BRANDYWINE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Seller”), and BDN INVESTMENT TRUST, a Maryland real estate investment trust (the “Target Company”).
