AGREEMENT OF LIMITED PARTNERSHIP OF MISSION WEST PROPERTIES, L.P. IVMission West Properties Inc • March 15th, 2012 • Real estate investment trusts • Delaware
This AGREEMENT OF LIMITED PARTNERSHIP OF MISSION WEST PROPERTIES, L.P. IV (this “Agreement”), dated as of December 21, 2011, is entered into by and among Mission West Properties, Inc., a Maryland corporation (the “Company” or the “General Partner”) and the limited partners whose names are set forth on Appendix I attached hereto (as it may be amended from time to time).
PARTNERSHIP DIVISION AGREEMENTPartnership Division Agreement • March 15th, 2012 • Mission West Properties Inc • Real estate investment trusts • California
This Partnership Division Agreement (this “Agreement”) is entered into as of December 21, 2011, by and among Mission West Properties, L.P. I, a Delaware limited partnership (the “Partnership”), Mission West Properties, Inc., a Maryland corporation (the “Company”), and Mission West Properties, L.P. IV, a Delaware limited partnership (“MWP IV”). Certain of the defined terms used in this Agreement are set forth in Section 6.
AMENDMENT TO EXCHANGE RIGHTS AGREEMENTExchange Rights Agreement • March 15th, 2012 • Mission West Properties Inc • Real estate investment trusts • California
This Amendment to the Exchange Rights Agreement (the “Exchange Agreement”) dated as of December 29, 1998 by and among Mission West Properties, Inc., a Maryland corporation (the “Company”), each of Mission West Properties, L.P., a Delaware limited partnership (“MWP”), Mission West Properties, L.P. I, a Delaware limited partnership (“MWP I”), Mission West Properties, L.P. II, a Delaware limited partnership (“MWP II”) and Mission West Properties, L.P. III, a Delaware limited partnership (MWP III, and collectively with MWP, MWP I and MWP II, the “Operating Partnership”), and each of the limited partners in the Operating Partnership listed on the signature pages thereto (the “Limited Partners”), is hereby approved and adopted in accordance with Section 12.9 of the Agreement with the consent of a majority-in-interest of the Limited Partners who are parties to the Agreement. Capitalized terms not otherwise defined in this Amendment have the meanings provided under the Agreement;
SECOND AMENDMENT TO ACQUISITION AGREEMENTAcquisition Agreement • March 15th, 2012 • Mission West Properties Inc • Real estate investment trusts • California
This Second Amendment to Acquisition Agreement is made and entered into as of December 30, 2011, by and among Mission West Properties, Inc., a Maryland corporation (the “Company”), Mission West Properties, L.P., a Delaware limited partnership (“MWP”), Mission West Properties, L.P. I, a Delaware limited partnership (“MWP I”), Mission West Properties, L.P. II, a Delaware limited partnership (“MWP II”), Mission West Properties, L.P. III, a Delaware limited partnership (“MWP III”), Mission West Properties, L.P. IV, a Delaware limited partnership (“MWP IV”), Mission West Properties, L.P. V, a Delaware limited partnership (“MWP V”), and [each of the limited partners of the respective partnerships (the “Partners”).]
PARTNERSHIP DIVISION AGREEMENTPartnership Division Agreement • March 15th, 2012 • Mission West Properties Inc • Real estate investment trusts • California
This Partnership Division Agreement (this “Agreement”) is entered into as of December 21, 2011, by and among Mission West Properties, L.P. II, a Delaware limited partnership (the “Partnership”), Mission West Properties, Inc., a Maryland corporation (the “Company”), and Mission West Properties, L.P. V, a Delaware limited partnership (“MWP V”). Certain of the defined terms used in this Agreement are set forth in Section 6.
