Common use of Amended and Restated Note Clause in Contracts

Amended and Restated Note. This Promissory Note, together with the Amended and Restated Promissory Note (Boston Xxxxx/Brandywine) of even date herewith, consolidates, amends, renews, restates and supercedes that certain Fifth Amended and Restated Promissory Note dated July 13, 2012 in favor of Lender in the original principal amount of FIFTY-SIX MILLION SEVEN THOUSAND EIGHT HUNDRED AND NO 100 DOLLARS ($56,007,800.00) (the “Prior Note”). The Borrower and the Lender intend that the indebtedness reflected by this Promissory Note shall continue to be fully and completely secured by all liens originally given as security for the Prior Note, according to the same perfection and priority. This instrument constitutes a consolidation, amendment and renewal, and not a novation, of the Prior Note.

Amended and Restated Note. This Promissory Note, together with the Amended and Restated Promissory Note (Boston Xxxx Xxxxx/BrandywineBig Boulder) of even date herewith, consolidates, amends, renews, restates and supercedes that certain Fifth Amended and Restated Promissory Note dated July 13, 2012 in favor of Lender in the original principal amount of FIFTY-SIX MILLION SEVEN THOUSAND EIGHT HUNDRED AND NO 100 DOLLARS ($56,007,800.00) (the “Prior Note”). The Borrower and the Lender intend that the indebtedness reflected by this Promissory Note shall continue to be fully and completely secured by all liens originally given as security for the Prior Note, according to the same perfection and priority. This instrument constitutes a consolidation, amendment and renewal, and not a novation, of the Prior Note.