THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
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EX-10.22 5 afin12312016ex1022.htm THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY Exhibit
Exhibit 10.22
THIRD AMENDMENT TO AGREEMENT
FOR PURCHASE AND SALE OF REAL PROPERTY
FOR PURCHASE AND SALE OF REAL PROPERTY
THIS THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this "Amendment") is made to be effective as of November 23, 2016, by and between ARC DB5PROP001, LLC, a Delaware limited liability company and, its sole member, AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (collectively "Seller"), and CAPITAL COMMERCIAL INVESTMENTS, INC., a Texas corporation ("Buyer"), (Seller and Buyer sometimes collectively referred to herein as the "Parties").
Recitals
A.The Parties entered into that certain Agreement for Purchase and Sale of Real Property (the "Original Agreement"), with an effective date of October 11, 2016, pursuant to which Buyer agreed to purchase from Seller the real property located at 1300, 1350, and 1400 American Boulevard, Hopewell Township, NJ, such real property being more particularly described therein (the "Property"). The Original Agreement was amended by First Amendment to Agreement for Purchase and Sale of Real Property dated November 10, 2016 (the "First Amendment") and Second Amendment to Agreement for Purchase and Sale of Real Property dated November 18, 2016 (the "Second Amendment"). The Original Agreement, as amended by the First Amendment and Second Amendment, is hereinafter referred to as the "Agreement".
B.Seller and Buyer desire to further amend the Agreement as hereinafter set forth.
Amendment
For and in consideration of the premises and the mutual covenants and agreements hereinafter made, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend the Agreement as follows:
1.Due Diligence Period. Seller and Buyer agree the Due Diligence Period and Buyer's right to terminate referenced in Section 6(b) of the Agreement is hereby amended to be 5:00 p.m. Central Standard Time on Thursday, December 1, 2016.
2.Additional Earnest Money. Section 1(d) of the Agreement is amended to provide that Buyer agrees to deliver the Additional Earnest Money, in the amount of Two Million and NO/100 Dollars ($2,000,000.00), to the Escrow Agent on Friday, November 25, 2016.
3.Miscellaneous.
a. All terms and conditions of the Agreement not expressly modified by this
Amendment shall remain in full force and effect, and, in the event of any inconsistencies between this Amendment and the terms of the Agreement, the terms set forth in this Amendment shall govern and control. Except as expressly amended hereby, the Agreement shall remain in full force and effect as of the date thereof Unless specifically defined herein or the context requires otherwise, all capitalized terms used herein shall have the meaning ascribed to them in the Agreement.
b.This Amendment may be executed in one or more counterparts which shall be construed together as one document. For purposes of the execution hereof, signatures delivered by facsimile transmission or by electronic mail (e.g. email) may be treated as originals.
c.This Amendment shall be binding upon and shall inure to the benefit of each
of the Parties and their respective successors and assigns.
of the Parties and their respective successors and assigns.
EXECUTED as of the date first written above.
SELLER: ARC DB5PROP001, LLC, a Delaware limited liability company By: American Finance Operating Partnership, L.P., a Delaware limited partnership, its sole member By: American Finance Trust, Inc., a Maryland Corporation, its general partner By: /s/ Jesse C. Galloway Name: Jesse C. Galloway Title: Authorized Signatory | BUYER: CAPITAL COMMERCIAL INVESTMENTS, INC., a Texas corporation By: /s/ Paul D. Agarwal Name: Paul D. Agarwal Title: President |
AMERICAN FINANCE OPERATING
PARTNERSHIP, L.P., a Delaware limited
partnership
By: American Finance Trust, Inc.,
a Maryland Corporation, its general partner
By: /s/ Jesse C. Galloway
Name: Jesse C. Galloway
Title: Authorized Signatory
Name: Jesse C. Galloway
Title: Authorized Signatory