EXHIBIT 10.6
FIRST AMENDMENT TO
AMENDED AND RESTATED
SECURITY ESCROW AGREEMENT
242
FIRST AMENDMENT TO
AMENDED AND RESTATED SECURITY ESCROW AGREEMENT
("AGREEMENT")
RECITALS
A. The termination date of the public offering of Common Shares of Baron
Capital Trust has been extended from May 14, 1999 to November 30, 1999.
B. This Agreement was based on the assumption that the termination date
would be May 14, 1999.
For good and valuable consideration, the parties hereto agree that the
Agreement, made as of May 15, 1998, by and among Xxxxxxx X. XxXxxxx, Xxxxxx X.
Xxxxxx, Xxxxx Capital Trust, Baron Capital Properties, L.P. and American Stock
Transfer and Trust Company be and is hereby further amended as follows:
1. Paragraph 3.1, "November 30, 1999" shall be the "Share Determination
Date" in place of "May 14, 1999."
2. Exhibit A to the Agreement is amended by substituting "November 30,
1999" for "May 14, 1999."
Dated: April 30, 1999 BARON CAPITAL TRUST
/s/ Xxxxxxx X. XxXxxxx By: /s/ Xxxxxxx X. XxXxxxx
------------------------- -----------------------------
Xxxxxxx X. XxXxxxx Xxxxxxx X. XxXxxxx
Chief Executive Officer
/s/ Xxxxxx X. Xxxxxx BARON CAPITAL PROPERTIES, L.P.
-------------------------
Xxxxxx X. Xxxxxx
By: /s/ Xxxxxxx X. XxXxxxx
---------------------------------
Xxxxxxx X. XxXxxxx
Chief Executive Officer
AMERICAN STOCK TRANSFER
& TRUST COMPANY
By: /s/ Xxxxxxx X. Xxxxxx
---------------------------------
Xxxxxxx X. Xxxxxx, Vice President