SELLERS. 20 The member states initially anticipate that they will provide a monetary allowance to sellers 21 under Model 2 based on the following:
SELLERS. DDR FORT UNION I & II LLC, a Delaware limited liability company By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President DDR MIDVALLEY LLC, a Delaware limited liability company By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President DDR FAMILY CENTERS LP, a Delaware limited partnership By: DDR DownREIT LLC, its General Partner By: DDR Corp., its Sole Member By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President DDR FORT UNION W LLC, a Delaware limited liability company By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President HERMES ASSOCIATES, a Utah general partnership By: DDR Family Centers LP, its General Partner By: DDR DownREIT LLC, its General Partner By: DDR Corp., its Sole Member By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President HERMES ASSOCIATES, LTD., a Utah limited partnership By: DDR Family Centers LP, its General Partner By: DDR DownREIT LLC, its General Partner By: DDR Corp., its Sole Member By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President UNIVERSITY SQUARE ASSOCIATES, LTD., a Utah limited partnership By: DDR Family Centers Orem LLC, its General Partner By: /s/ Xxxxxx Xxxxxxxxxx Print: Xxxxxx Xxxxxxxxxx Title: Vice President BUYER: EXCEL TRUST, L.P., a Delaware limited partnership By: Excel Trust, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx X. Xxxxxx Xxxx X. Xxxxxx Title: Chief Investment Officer FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (the “Fifth Amendment”), is effective as of the 21st day of August, 2014 (the “Amendment Effective Date”), by and between: (i) DDR FORT UNION I & II LLC, a Delaware limited liability company (“DDR Fort Union”), DDR MIDVALLEY LLC, a Delaware limited liability company (“DDR Midvalley”), DDR FAMILY CENTERS LP, a Delaware limited partnership (“DDR Family Centers”), and DDR FORT UNION W LLC, a Delaware limited liability company (“DDR FUW”) (DDR Fort Union, DDR Midvalley, DDR Family Centers and DDR FUW are defined collectively herein as “Fort Union Seller”) in connection with the Fort Union Property; (ii) DDR Family Centers, HERMES ASSOCIATES, a Utah general partnership (“Hermes General”), and HERMES ASSOCIATES, LTD., a Utah limited partnership (“Hermes Limited”) (DDR Family Centers, Hermes General and Hermes Limited are defined collectively herein as “Taylorsville Sell...
SELLERS. DCII-2601 W. Broadway Road, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer DCII-2005 East Technology Circle, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer Signature Pages to Purchase and Sale Agreement DCII-2301 West 120th Street, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer DCPII-SAC-11085 Sun Center Drive, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer DCPII-SAC-3065 Gold Camp Drive, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer Signature Pages to Purchase and Sale Agreement DCII-400 Holger Way, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer DCII-400 Xxxxx Road, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer DCII-6 Norden Place, LLC, a Delaware limited liability company By: Xxxx Realty Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxx Realty Trust, Inc., a Maryland corporation, its general partner By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Chief Executive Officer Signature ...
SELLERS. HXXXXX XXXX, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR HOLDINGS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR RX SOLUTIONS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR RX SOLUTIONS OF NEVADA, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President FIRST FLORIDA INSURERS OF TAMPA, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ADVANCE BENEFITS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR RX SOLUTIONS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ASCEND HEALTH TECHNOLOGY LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President LAKER SOFTWARE, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President DESIGN RX HOLDINGS LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President RX INITIATIVES, L.L.C. By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President DESIGN RX, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President DESIGNRXCLUSIVES, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR SAVINGS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR PHARMACY, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR RX OPTIONS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President ELIXIR PUERTO RICO, INC. By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President TONIC PROCUREMENT SOLUTIONS, LLC By: /s/ Cxxxxxxxxxx XxXxxx Name: Cxxxxxxxxxx XxXxxx Title: EVP and President
SELLERS. By: /s/ Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx
SELLERS. VESTCOR-BAY POINTE PARTNERS, LTD., a Florida limited partnership By: Vestcor Financial Associates IV, Inc., a Florida corporation By: /s/ Xxxx X. Xxxxxxx -------------------------------------- Xxxx X. Xxxxxxx Vice President VCP-TIMUQUANA ASSOCIATES, LTD., a Florida limited partnership By: VCP-Timuquana Partners, Inc., a Florida corporation By: /s/ Xxxx X. Xxxxxxx -------------------------------------- Xxxx X. Xxxxxxx Vice President TERMINATED SELLERS: VCP-CHASE RIDGE ASSOCIATES, LTD., a Florida limited partnership By: VCP-Chase Ridge Associates, Inc., a Florida corporation By: /s/ Xxxx X. Xxxxxxx -------------------------------------- Xxxx X. Xxxxxxx Vice President THE TIMBERS ASSOCIATES, LTD., a Florida limited partnership By: First Coast Partners, Inc., a Florida corporation By: /s/ Xxxx X. Xxxxxxx -------------------------------------- Xxxx X. Xxxxxxx Vice President PURCHASER: BCMR SPECIAL, INC., a Massachusetts corporation By: /s/ Xxxx X. Xxxx ----------------------------------- Xxxx X. Xxxx Senior Vice President AMENDMENT THIS AMENDMENT (this "Amendment"), is dated as of this 17th day of April, 2003 (the "Amendment Effective Date"), by and between VESTCOR-BAY POINTE PARTNERS, LTD., a Florida limited partnership, VCP-CHASE RIDGE ASSOCIATES, LTD., a Florida limited partnership, VCP-TIMUQUANA ASSOCIATES, LTD., a Florida limited partnership, THE TIMBERS ASSOCIATES, LTD., a Florida limited partnership (referred to below individually as the "Seller" and collectively as the "Sellers"), and BCMR SPECIAL, INC., a Massachusetts corporation (the "Purchaser").
SELLERS. FOR INDIVIDUALS: Sxxxxx Xxxxxxx Print Name of Seller /s/ Sxxxxx Xxxxxxx Signature of Seller FOR ENTITIES: Print Name of Seller By: Signature of Authorized Signatory Print Name of Authorized Signatory Print Title of Authorized Signatory Address for Notices : Address — Line 1 Address — Line 2 Address — Line 3 Attention Facsimile Telephone Signature Page to Unit Purchase Agreement
SELLERS. In entering into this Amendment, each Seller hereby makes or repeats (as applicable) to Buyer Agent and the MUFG Buyer as of the date hereof (or, to the extent expressly relating to a specific prior date, as of such prior date) the representations and warranties set forth in the Framework Agreement and each other Transaction Agreement to which such Seller is a party, and such representations and warranties shall be deemed to include this Amendment. Each Seller further represents that it has complied with all covenants and agreements applicable to it under the Framework Agreement and each of the other Transaction Agreements to which it is a party.
SELLERS and BUYER shall promptly provide each other with information as to any significant developments in the performance of this Agreement, and shall promptly notify the other if it discovers that any of its representations, warranties and covenants contained in this Agreement or in any document delivered in connection with this Agreement was not true and correct in all material respects or became untrue or incorrect in any material respect.
SELLERS. /s/ Xxxxx Xxxxxx -------------------------------------------- Xxxxx Xxxxxx
