Exhibit 10.1
SECOND AMENDMENT TO PURCHASE
AGREEMENT
THIS SECOND AMENDMENT TO PURCHASE
AGREEMENT (this “ Amendment ”) is made as of
September 1, 2009 by and between HUB PROPERTIES TRUST ,
a Maryland real estate investment trust (the “ Seller
”), and SENIOR HOUSING PROPERTIES TRUST , a Maryland
real estate investment trust (the “ Purchaser
”).
W I T N E S S E T
H
WHEREAS , the Seller and the Purchaser executed a
Purchase and Sale Agreement dated as of May 5, 2008, as
amended by that certain First Amendment to Purchase Agreement,
dated December 23, 2008 (as amended, the “ Purchase
Agreement ”), with respect to the Property (this and
other capitalized terms used and not otherwise defined herein shall
have the meanings given such terms in the Purchase Agreement)
described in Exhibit A hereto; and
WHEREAS , the Seller and the Purchaser now wish to amend
the Purchase Agreement subject to and upon the terms and conditions
set forth herein;
NOW, THEREFORE
, for good and valuable
consideration and in consideration of the mutual covenants of the
parties hereto, the mutual receipt and legal sufficiency of which
is hereby acknowledged, Landlord and Tenant hereby agree as
follows:
Section 2.2
is hereby deleted
in its entirety and the following is inserted in substitution
therefor:
2.2
Closing . The purchase and sale
of the Property shall be consummated at a closing (the “
Closing ”) to be held at the offices of
Sullivan & Worcester LLP, One Post Office Square, Boston,
Massachusetts, or at such other location as the Seller and the
Purchaser may agree, at 10:00 a.m., local time, on
September 1, 2009 (the “ Closing Date
” ).
As amended
hereby, the Agreement is in full force and effect and is hereby
ratified and confirmed.
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