SECOND AMENDMENT TO NET LEASE AGREEMENTNet Lease Agreement • March 27th, 2008 • Wells Real Estate Fund Ix Lp • Real estate
This Second Amendment to Net Lease Agreement (this “Amendment”) is executed as of December 17, 2007, between FUND IX, FUND X, FUND XI AND REIT JOINT VENTURE, a Georgia joint venture (“Landlord”), and AVAYA, INC., a Delaware corporation (“Tenant”), for the purpose of amending the Net Lease Agreement between Landlord’s predecessor-in-interest with respect to the Lease (defined below) and Tenant’s predecessor-in-interest with respect to the Lease dated May 30, 1997 (the “Original Lease”). The Original Lease, as amended or affected (as applicable) by the Commencement Date Agreement, dated January 5, 1998, First Amendment to Lease Agreement, dated March 30, 1998, and the Assignment of Tenant’s Interest in Lease, dated September 30, 2000, is referred to herein as the “Lease”. Capitalized terms used herein but not defined shall be given the meanings assigned to them in the Original Lease.
