Common use of Modifications to §1 Clause in Contracts

Modifications to §1. 1. §1.1. of the Credit Agreement is hereby modified as follows: 2.1.1. The definition of the term “Acquisition Property” is hereby modified by restating such definition in its entirety to read as follows: “Acquisition Property. Any Real Estate that has been owned for fewer than six (6) fiscal quarters, unless the Borrower has made a one-time election to no longer treat such Real Estate as an Acquisition Property for purposes of this Agreement.” 2.1.2. The definition of the term “Capitalized Unencumbered Property NOI” is hereby modified by restating such definition in its entirety to read as follows: “Capitalized Unencumbered Property NOI. As of any date of determination with respect to an Unencumbered Property (other than an Acquisition Property), an amount equal to the Revised Adjusted Unencumbered Property NOI for such Unencumbered Property for the most recent two (2) complete fiscal quarters multiplied by two (2), with the product being divided by 8.25%, except with respect to CBD Properties, which shall be divided by 7.75%; provided that if such Unencumbered Property has been owned for fewer than two (2) complete fiscal quarters, the Revised Adjusted Unencumbered Property NOI for such Unencumbered Property shall be calculated by using the actual results for the period that such Unencumbered Property has been owned and adjusting such results for a period of two (2) complete fiscal quarters.” 2.1.3. The definition of the term “Consolidated Capitalized NOI” is hereby modified by restating such definition in its entirety to read as follows: “Consolidated Capitalized NOI. As of any date of determination, an amount equal to Revised Consolidated Adjusted Net Income for the most recent two (2) completed fiscal quarters multiplied by two (2), with the product being divided by 8.25%, except with respect to CBD Properties, which shall be divided by 7.75%; provided that if any Real Estate has been owned for fewer than two (2) complete fiscal quarters, the Revised Consolidated Adjusted Net Income for such Real Estate shall be calculated by using the actual results for the period that such Real Estate has been owned and adjusting such results for a period of two (2) complete fiscal quarters.” 2.1.4. The definition of the term “Consolidated Total Capitalization” is hereby modified by restating such definition in its entirety to read as follows:

Modifications to §1. 1. §1.1. of the Credit Agreement is hereby modified as follows: 2.1.1. The definition of the term “Acquisition Property” is hereby modified by restating such definition in its entirety to read as follows: “Acquisition Property. Any Real Estate that has been owned for fewer than six (6) fiscal quarters, unless the Borrower has made a one-time election to no longer treat such Real Estate as an Acquisition Property for purposes of this Agreement.” 2.1.2. The definition of the term “Capitalized Unencumbered Property NOI” is hereby modified by restating such definition in its entirety to read as follows: “Capitalized Unencumbered Property NOI. As of any date of determination with respect to an Unencumbered Property (other than an Acquisition Property), an amount equal to the Revised Adjusted Unencumbered Property NOI for such Unencumbered Property for the most recent two (2) complete fiscal quarters multiplied by two (2), with the product being divided by 8.25%, except with respect to CBD Properties, which shall be divided by 7.758.50%; provided that if such Unencumbered Property has been owned for fewer than two (2) complete fiscal quarters, the Revised Adjusted Unencumbered Property NOI for such Unencumbered Property shall be calculated by using the actual results for the period that such Unencumbered Property has been owned and adjusting such results for a period of two (2) complete fiscal quarters.” 2.1.32.1.2. The definition of the term “Consolidated Capitalized NOI” is hereby modified by restating such definition in its entirety to read as follows: “Consolidated Capitalized NOI. As of any date of determination, an amount equal to Revised Consolidated Adjusted Net Income for the most recent two (2) completed fiscal quarters multiplied by two (2), with the product being divided by 8.25%, except with respect to CBD Properties, which shall be divided by 7.758.50%; provided that if any Real Estate has been owned for fewer than two (2) complete fiscal quarters, the Revised Consolidated Adjusted Net Income for such Real Estate shall be calculated by using the actual results for the period that such Real Estate has been owned and adjusting such results for a period of two (2) complete fiscal quarters.” 2.1.42.1.3. The definition of the term “Consolidated Total Capitalization” is hereby modified by restating such definition in its entirety to read as follows: