Agreement of Merger and Contribution Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT OF MERGER AND CONTRIBUTION
Agreement of Merger and Contribution • July 10th, 2012 • American Campus Communities Operating Partnership LP • Real estate investment trusts

THIS AMENDMENT (this “Amendment”), dated as of July 9, 2012, is by and among Campus Acquisitions Holdings, LLC, a Delaware limited liability company (“Campus”), the Property Entities, Campus Acquisitions Management, LLC, a Delaware limited liability company (the “Manager”), the Development Entities, Campus Acquisitions Investment Management LLC, a Delaware limited liability company (“Campus Developer Owner” and, together with Campus, the Property Entities, the Development Entities, and the Manager, “Seller”), American Campus Communities, Inc., a Maryland corporation (“Purchaser”), and American Campus Communities Operating Partnership LP, a Maryland limited partnership and Purchaser’s operating partnership (“Purchaser OP”).

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