Ownership Limit Waiver Agreement Sample Contracts

Ownership Limit Waiver Agreement (November 30th, 2017)

THIS AGREEMENT is entered into as of November 30, 2017, by and between EPR Properties, a Maryland real estate investment trust (EPR), and Cohen & Steers Capital Management, Inc. (Purchaser).

Ownership Limit Waiver Agreement (August 4th, 2017)

THIS AGREEMENT is entered into as of May 17, 2017, by and among EPR Properties, a Maryland real estate investment trust ("EPR"), LDR Preferred Income Fund, LLC, a Delaware limited liability company ("Purchaser") and LDR Capital Management, LLC, a Delaware limited liability company ("Advisor").

American Realty Capital Hospitality Trust, Inc. – Ownership Limit Waiver Agreement (March 31st, 2017)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement"), dated as of March 31, 2017, is between Hospitality Investors Trust, Inc., a Maryland corporation (the "Company"), and Brookfield Strategic Real Estate Partners II Hospitality REIT II LLC (the "Investor"). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Articles of Amendment and Restatement for the Company, as filed with the Maryland State Department of Assessments and Taxation, as amended, supplemented, and amended and restated through the date hereof and as presently in effect (the "Charter") or the Purchase Agreement (as defined below).

Ownership Limit Waiver Agreement (November 3rd, 2016)

THIS AGREEMENT is entered into as of September 19, 2016, by EPR Properties, a Maryland real estate investment trust ("EPR"), and Invesco Advisers, Inc., a Delaware corporation ("Purchaser").

Owens Realty Mortgage, Inc. – Ownership Limit Waiver Agreement (March 29th, 2016)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement"), dated as of March 25, 2016, is between Owens Realty Mortgage, Inc., a Maryland corporation (the "Company"), and Nantahala Capital Management, LLC. Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Charter.

Ownership Limit Waiver Agreement (July 10th, 2015)

THIS AGREEMENT is entered into as of July 8, 2015, by EPR Properties, a Maryland real estate investment trust ("EPR"), and Nuveen Asset Management, LLC ("Purchaser").

Ownership Limit Waiver Agreement (November 6th, 2014)

THIS AGREEMENT is entered into as of October 31, 2014, by EPR Properties, a Maryland real estate investment trust ("EPR"), and Cohen & Steers Capital Management, Inc. ("Purchaser").

Aviv Reit, Inc. – Ownership Limit Waiver Agreement (November 5th, 2014)

This OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement") is made and entered into as of October 30, 2014 by and between Omega Healthcare Investors, Inc., a Maryland corporation (the "Company"), and LG Aviv L.P., a Delaware limited partnership ("Lindsay Goldberg").

Omega Healthcare Investors, Inc. – Ownership Limit Waiver Agreement (November 5th, 2014)

This OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement") is made and entered into as of October 30, 2014 by and between Omega Healthcare Investors, Inc., a Maryland corporation (the "Company"), and LG Aviv L.P., a Delaware limited partnership ("Lindsay Goldberg").

First Amendment to Ownership Limit Waiver Agreement (Blackrock) (April 29th, 2014)

THIS FIRST AMENDMENT TO OWNERSHIP LIMIT WAIVER AGREEMENT (this "Amendment"), dated as of April 25, 2014, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and BlackRock, Inc. (for itself and on behalf of certain affiliated entities, as set forth herein), and amends that certain Ownership Limit Waiver Agreement, dated as of November 18, 2010 (the "Agreement"), between the Company and BlackRock, Inc. Capitalized terms used, but not otherwise defined, in this Amendment shall have the meanings given to them in the Agreement.

First Amendment to Ownership Limit Waiver Agreement (Cohen & Steers) (April 25th, 2011)

THIS FIRST AMENDMEN TO OWNERSHIP LIMIT WAIVER AGREEMENT (this "Amendment"), dated as of April 19, 2011, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and Cohen & Steers Capital Management, Inc., a New York corporation (for itself and on behalf of certain affiliated entities, as set forth herein), and amends that certain Ownership Limit Waiver Agreement, dated as of November 18, 2010, between the Company and Cohen & Steers Capital Management, Inc. (the "Agreement"). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Second Amended and Restated Ownership Limit Waiver Agreement (Vornado) (December 6th, 2010)

THIS SECOND AMENDED AND RESTATED OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement"), dated as of December 6, 2010, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and Vornado Realty L.P. ("VRT"), a Delaware limited partnership (together with any entity at least 99% of the voting securities of which are owned by VRT, "Vornado") and amends and restates, as set forth below, that certain Ownership Limit Waiver Agreement (Vornado), dated as of December 31, 2006, between the Company and VRT (the & #8220;Original Agreement"), as further amended and restated by the Amended and Restated Ownership Limit Waiver Agreement, dated as of October 27, 2008, between the Company and VRT (the "First Restatement"), and as further amended by Amendment No. 1 to the First Restatement, dated April 21, 2009 (the "Amendment"). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declara

Ownership Limit Waiver Agreement (Blackrock) (November 24th, 2010)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement"), dated as of November 18, 2010, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and BlackRock, Inc. (for itself and on behalf of certain affiliated entities, as set forth herein). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Ownership Limit Waiver Agreement (Cohen & Steers) (November 24th, 2010)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this "Agreement"), dated as of November 18, 2010, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and Cohen & Steers Capital Management, Inc., a New York corporation (for itself and on behalf of certain affiliated entities, as set forth herein). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Amendment No. 1 to Amended and Restated Ownership Limit Waiver Agreement (Vornado) (April 27th, 2009)

THIS AMENDMENT NO 1 TO AMENDED AND RESTATED OWNERSHIP LIMIT WAIVER AGREEMENT (this "Amendment"), dated as of April 21, 2009, is between Lexington Realty Trust, a Maryland real estate investment trust (the "Company"), and Vornado Realty L.P. ("VRT"), a Delaware limited partnership (together Vornado Realty Trust and with any entity at least 99% of the voting securities of which are owned by VRT or Vornado Realty Trust, "Vornado") and amends, as set forth below, that certain Amended and Restated Ownership Limit Waiver Agreement (Vornado), dated as of October 27, 2008, between the Company and VRT (the "Agreement"). Capitalized terms used, but not otherwise defined, in this Amendment shall have the meanings given to them in the Agreement or in the hereinafter-mentioned Declaration.

Amended and Restated Ownership Limit Waiver Agreement (Vornado) (November 6th, 2008)

THIS AMENDED AND RESTATED OWNERSHIP LIMIT WAIVER AGREEMENT (this Agreement), dated as of October 27, 2008, is between Lexington Realty Trust, a Maryland real estate investment trust (the Company), and Vornado Realty L.P. (VRT), a Delaware limited partnership (together with any entity at least 99% of the voting securities of which are owned by VRT, Vornado) and amends and restates, as set forth below, that certain Ownership Limit Waiver Agreement (Vornado), dated as of December 31, 2006, between the Company and VRT (the Original Agreement). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Ownership Limit Waiver Agreement (Vornado) (January 8th, 2007)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this Agreement), dated as of December 31, 2006, is between Lexington Realty Trust, a Maryland real estate investment trust (the Company), and Vornado Realty, L.P. (VRT), a Delaware limited partnership (together with any entity at least 99% of the voting securities of which are owned by VRT, Vornado). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Ownership Limit Waiver Agreement (Apollo) (January 8th, 2007)

THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this Agreement), dated as of December 31, 2006, is between Lexington Realty Trust, a Maryland real estate investment trust (the Company), and Apollo Real Estate Investment Fund III, L.P. (AREIF 3), a Delaware limited partnership (together with any entity at least 99% of the voting securities of which are owned by AREIF 3, Apollo). Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Declaration.

Aames Investment Corp – Ownership Limit Waiver Agreement (September 15th, 2005)

This OWNERSHIP LIMIT WAIVER AGREEMENT (this Agreement) is made and entered into as of September 8, 2005 by and between Aames Investment Corporation, a Maryland corporation (the Company), and Hotchkis and Wiley Capital Management, LLC, a Delaware limited liability company (Hotchkis).