Formation and Contribution Agreement and Joint Escrow Instructions Sample Contracts

ELEVENTH AMENDMENT TO FORMATION AND CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONS
Formation and Contribution Agreement and Joint Escrow Instructions • June 5th, 2009 • Nationwide Health Properties Inc • Real estate investment trusts • California

THIS ELEVENTH AMENDMENT TO FORMATION AND CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is made and entered into as of June 1, 2009 (the “Effective Date”), by and among (i) NATIONWIDE HEALTH PROPERTIES, INC., a Maryland corporation (“NHP”), (ii) NHP/PMB L.P., a Delaware limited partnership (the “Operating Partnership”), (iii) PACIFIC MEDICAL BUILDINGS LLC, a California limited liability company (“Pac Med LLC”), (iv) PDP POMERADO LLC, a California limited liability company (“Pomerado LLC”), (v) PMB GILBERT LLC, a Delaware limited liability company (“Gilbert LLC”), (vi) PMB BURBANK #2 LLC, a California limited liability company (“Burbank 2 LLC”) and (vii) PMB PASADENA LLC, a California limited liability company (“Pasadena LLC”, and together with Burbank 2 LLC, the “Remaining Development Property Transferors”).

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TWELFTH AMENDMENT TO FORMATION AND CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONS
Formation and Contribution Agreement and Joint Escrow Instructions • February 5th, 2010 • Nationwide Health Properties Inc • Real estate investment trusts • California

All representations and warranties made by the undersigned in Section 8 of the Contribution Agreement, and all other representations and warranties set forth in Section 8 of the Contribution Agreement, are true and correct on and as of the Effective Date (except with respect to representations and warranties made as of a prior date, which shall be true and correct in all material respects as of such date, and provided that (i) attached hereto as Attachment No. 1 is a true, correct and complete copy of Exhibit “V-1” to the Contribution Agreement with respect to the Property leased by the undersigned as of the Effective Date and (ii) attached hereto as Attachment No. 2 is a true, correct and complete copy of Exhibit “W” to the Contribution Agreement with respect to the Property leased by the undersigned as of the Effective Date) and as of the Closing Date.

THIRTEENTH AMENDMENT TO FORMATION AND CONTRIBUTION AGREEMENT AND JOINT ESCROW INSTRUCTIONS
Formation and Contribution Agreement and Joint Escrow Instructions • March 4th, 2010 • Nationwide Health Properties Inc • Real estate investment trusts • California
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