SECOND AMENDMENT TO AMENDED AND RESTATED SECURITY ESCROW AGREEMENT ("AGREEMENT")Security Escrow Agreement • November 23rd, 1999 • Baron Capital Trust • Operators of apartment buildings
AMENDMENT TO FOUNDERS' SUBSCRIPTION AGREEMENT, DATED NOVEMBER 16, 1999Baron Capital Trust • November 23rd, 1999 • Operators of apartment buildings
Reference is made to our Founders' Subscription Agreement ("Agreement"), made as of February 3, 1998, whereby each of the undersigned subscribed for 601,080 Units of limited partnership interest ("Units") in Baron Capital Properties L.P. ("Partnership"), subject to adjustment, which can be exchanged for common shares of Baron Capital Trust ("Trust"). The amount of Units to be received by each of the undersigned is intended to be exchangeable for an amount equal to 9.5% of the Common Shares of the Trust issued and outstanding upon completion of the public offering ("Cash Offering") of the Trust's common shares. It was originally contemplated that the offering would be completed by May 14, 1999 and that date was extended to November 30, 1999 which is defined as the "Share Determination Date" in the Agreement. In view of the fact that the Cash Offering has been further extended to May 31, 2000, the Share Determination Date in the Agreement has been amended to reflect that change.
