SIXTH AMENDMENT
TO
PURCHASE AND SALE AGREEMENT
THIS SIXTH AMENDMENT TO PURCHASE AND SALE
AGREEMENT (this “ Amendment ”) is made as of
December 9, 2008, between 180 N. LASALLE II, L.L.C., a Delaware
limited liability company (“ Seller ”), and YPI
180 N. LASALLE OWNER, LLC, a Delaware limited liability company
(“ Buyer ”).
WHEREAS, Seller and Buyer (as assignee of Younan
Properties, Inc.) entered into that certain Purchase and Sale
Agreement dated as of August 12, 2008 (the “ Original
Agreement ”), as amended by that certain First Amendment
to Purchase and Sale Agreement dated as of August 29, 2008
(the “ First Amendment ”), that certain Second
Amendment to Purchase and Sale Agreement dated as of
September 3, 2008 (the “ Second Amendment
”), that certain Third Amendment to Purchase and Sale
Agreement dated as of September 30, 2008 (the “ Third
Amendment ”), that certain Fourth Amendment to Purchase
and Sale Agreement dated as of October 15, 2008 (the “
Fourth Amendment ”), and that certain Fifth Amendment
to Purchase and Sale Agreement dated as of November 20, 2008
(the “ Fifth Amendment ”; the Original
Agreement, as amended by the First Amendment, the Second Amendment,
the Third Amendment, the Fourth Amendment and the Fifth Amendment,
is hereinafter referred to as the “ Agreement
”), relating to the purchase and sale of certain property
commonly known as 180 North LaSalle Street, Chicago, Illinois, and
more particularly described in the Agreement (the “
Property ”); and
WHEREAS, Seller and Buyer desire to further
amend certain terms and conditions of the Agreement as set forth
herein;
NOW, THEREFORE, in consideration of the
foregoing recitals, the agreements set forth herein and other good
and valuable consideration, the receipt and sufficiency of which
are acknowledged, the Seller and Buyer hereby agree to amend and
modify the Agreement as follows:
1. Capitalized Terms . All
capitalized terms not separately defined in this Amendment bear the
respective meanings given to such terms in the
Agreement.
2. Extension of Scheduled Closing
Date . The Scheduled Closing Date, as set forth in
Section 1.1 of the Agreement, is hereby extended to
(a) February 18, 2009, or (b) such earlier date as
Buyer may select by providing Seller with written notice specifying
the date on which Buyer seeks to close, provided that (i) such
date shall be not less than fifteen (15) days after the date
of such notice, (ii) the two (2)calendar days immediately
preceding such date shall be Business Days, (iii) such date
shall be reasonably acceptable to Seller, and (iv) in no event
shall such date be later than February 18, 2009. Unless
expressly stated to the contrary, all references in the Agreement
to the Scheduled Closing Date shall be deemed to refer to the date
set forth in the preceding sentence.
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