Amendment to the Preamble. The second paragraph of the preamble is hereby deleted in its entirety and replaced with the following:
Amendment to the Preamble. The first and second recitals of the Agreement are hereby deleted in their entirety and replaced with the following:
Amendment to the Preamble. The first paragraph of the Preamble of the Dealer Manager Agreement is hereby amended and restated in its entirety as follows: Ladies and Gentlemen:
Amendment to the Preamble. The preamble is hereby amended by deleting the reference to “(the “Borrower”)” therein.
Amendment to the Preamble. The Preamble of the Purchase Agreement is amended to include Xxxxx Xxxxx Xxxxxxxx in his individual capacity and the amended Preamble shall read as follows: “and XXXXX XXXXX XXXXXXXX, in his individual capacity and as the legal and beneficial owner of all the shares of Seller’s issued and outstanding capital stock (“Xxxxxxxx” or “Shareholder”).”
Amendment to the Preamble. Paragraph B of the preamble of the Credit Agreement is hereby amended by (i) replacing "prior to" with "after" and (ii) replacing "100%" with the phrase "at least 80.1%".
Amendment to the Preamble. The preamble to the Existing Credit Agreement is amended and restated in its entirety as follows to exclude Xxxxx Acquisition from the definitions of “Borrower” and “Borrowers” and to substitute Xxxxx Partnership: “SUBORDINATED CREDIT AGREEMENT, dated as of October 9, 2007, among TIMBERLANDS II, LLC, a Delaware limited liability company (“Xxxxx Timberland”), and XXXXX TIMBERLAND OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Xxxxx Partnership”; Xxxxx Timberland and Xxxxx Partnership each a “Borrower” and collectively, the “Borrowers”), the various financial institutions as are, or may from time to time become, parties hereto (collectively, the “Lenders”), and WACHOVIA BANK, NATIONAL ASSOCIATION (“Wachovia”), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.”
Amendment to the Preamble. The Preamble of the Placement Agent ---------------------------- Agreement is amended to include Cytation Corporation, and the amended Preamble shall read as follows: "This agreement (the "Agreement"), made as of this 8th day of November, 2005, by and among DEERVALLEY ACQUISITIONS CORP., a Florida corporation maintaining an address at 0000 00xx Xxx Xxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000 and CYTATION CORPORATION, a Delaware corporation maintaining an address at 0000 Xxxxxxxxxx Xxxx., Xxxxx 000, Xxxxx, Xxxxxxx 00000 (together, the "Company"); and MIDTOWN PARTNERS & CO., LLC, a Florida limited liability company maintaining an address at 0000 Xxxxxxxx Xxxxxx, Boca Raton, Florida 33433 (the "Placement Agent" or "Midtown" or "Midtown Partners"), confirms the understanding and agreement between the Company and the Placement Agent as follows:"
Amendment to the Preamble. The first paragraph of the Preamble of the Dealer Manager Agreement is hereby amended and restated in its entirety as follows: Ladies and Gentlemen: Xxxxxx Validus Mission Critical REIT II, Inc. (the “Company”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2014, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to $2,250,000,000 in Class A and Class T shares of common stock, $.01 par value per share (the “Shares”), at an initial offering price of $10.00 per Class A Share and $9.574 per Class T Share (subject to certain circumstances to discounts based upon the volume of shares purchased and for certain categories of purchasers), in the primary offering (the “Primary Offering”), and (b) up to $100,000,000 in Shares for a purchase price of $9.50 per Class A Share and $9.095 per Class T Share for issuance through the Company’s distribution reinvestment plan during the offering and until the first valuation of assets is received, and thereafter at a purchase price not less than 95% of the most recently reported net asset value) (the “DRP” and together with the Primary Offering, the “Offering”), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined in Section 1(a)). The Company will provide an initial estimated net asset value per share of each class of its common stock based on a valuation of its assets as of a date not later than 150 days from the second anniversary of the date the Company broke escrow in the Offering, (or earlier if deemed advisable by the Company’s board of directors). The Company will provide an update of the estimated net asset value as of the end of each completed fiscal quarter (or fiscal year, in the case of a quarter ending at a fiscal year end) thereafter. The Company reserves the right to reallocate the Shares between the Primary Shares and the DRP Shares. Company will be managed by Xxxxxx Validus Advisors II, LLC (the “Advisor”) pursuant to the advisory agreement entered into between the Company and the Advisor (the “Advisory Agreement”) as filed as an exhibit to the Registration Statement (as defined in Section 1(a)).
Amendment to the Preamble. The preamble of the Rights Agreement is amended by deleting the phrase "form of Certificate of" and inserting the phrase "Section 4.3.4 of the Company's Amended and Restated Certificate of Incorporation (the "Designation of the Rights and Preferences of the Series A Junior Participating Preferred Stock")
