Notice of Termination of Purchase Agreement between Behringer Harvard 250/290 Carpenter LP and Forest City Commercial Development, Inc.
This letter, sent by Behringer Harvard 250/290 Carpenter LP (the Seller) to Forest City Commercial Development, Inc. (the Purchaser), formally notifies the Purchaser that the Seller is exercising its right to terminate their Purchase Agreement, originally dated April 20, 2011, and amended several times. The termination is made pursuant to a specific section of the agreement, and the letter serves as official notice to the Purchaser and related parties.
Exhibit 10.4
Jonathan A. Kohl
Direct Dial: 972 ###-###-####
Email: ***@***
August 15, 2012
| Forest City Commercial Group, Inc. Attention: President 50 Public Square, Suite 1100 Cleveland, Ohio 44113 | Via FedEx and Facsimile: 216 ###-###-#### |
| Forest City Enterprises, Inc. Attention: General Counsel 50 Public Square, Suite 1360 Cleveland, Ohio 44113 | Via FedEx and Facsimile: 216 ###-###-#### |
| Re: | Purchase Agreement dated as of April 20, 2011, between Behringer Harvard 250/290 Carpenter LP, a Texas limited partnership (“Seller”), as seller, and Forest City Commercial Development, Inc., an Ohio corporation (“Purchaser”), as purchaser, as amended by that certain First Amendment to Purchase Agreement dated to be effective as of May 20, 2011, as amended by that Second Amendment to Purchase Agreement dated to be effective as of June 20, 2011, as amended by that Third Amendment to Purchase Agreement dated to be effective as of June 27, 2011, as amended by that Fourth Amendment to Purchase Agreement dated to be effective June 30, 2011, as amended by that certain Fifth Amendment to Purchase Agreement dated to be effective July 8, 2011, as amended by that certain Sixth Amendment to Purchase Agreement dated to be effective August 3, 2011 (collectively, the “Purchase Agreement”) |
To Whom It May Concern:
On behalf of Seller, this letter shall serve as notice that Seller is exercising its right to terminate the Purchase Agreement pursuant to Section 3.4 thereof.
Please feel free to call me if you have any questions.
Sincerely,
Forest City Enterprises, Inc.
April 20, 2012
Page 2
Jonathan A. Kohl
JAK\gsw
| cc: | (via email:) Mark Flynt Donna Wilkins Jeff Carter Carol Satterfield |
