EXHIBIT 10.7
LOFTON PLACE
APARTMENTS
TAMPA, FLORIDA
SIXTH AMENDMENT TO REAL ESTATE
SALE AGREEMENT
THIS SIXTH AMENDMENT TO REAL ESTATE
SALE AGREEMENT (this “Amendment”) is made as of the
1 st
day of September, 2009, by and
between ERP OPERATING LIMITED PARTNERSHIP, an Illinois limited
partnership (“Seller”), with an office at c/o Equity
Residential, Two North Riverside Plaza, Suite 400, Chicago,
Illinois 60606, and NORTHVIEW REALTY GROUP INC., a Canadian
corporation (“Purchaser”), with an office at 550
Sherbrook, Suite 1480, Montreal, OC Canada H3A 1B9.
RECITALS
A. Seller and
Purchaser entered into a Real Estate Sale Agreement dated as of
June 8, 2009, as amended by that certain Reinstatement of and
First Amendment to Real Estate Sale Agreement dated as of
July 23, 2009, that certain Second Amendment to Real Estate
Sale Agreement dated as of August 6, 2009, that certain Third
Amendment to Real Estate Sale Agreement dated as of August 11,
2009, that certain Fourth Amendment to Real Estate Sale Agreement
dated as of August 12, 2009 and that certain Fifth Amendment
to Real Estate Sale Agreement dated as of August 13, 2009 (the
“Fifth Amendment”) (collectively, as amended, the
“Agreement”), pursuant to which Seller agreed to sell
to Purchaser, and Purchaser agreed to buy from Seller the Property
(as defined in the Agreement).
B. Seller and
Purchaser have agreed to modify the terms of the Agreement as set
forth in this Amendment.
THEREFORE, in consideration of the
above Recitals, the mutual covenants and agreements herein set
forth and the benefits to be derived therefrom, and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Purchaser and Seller agree as
follows:
1.
Incorporation of Recitals; Definitions . The
foregoing recitals are incorporated herein as a substantive part of
this Amendment. Capitalized terms not otherwise defined herein
shall have the meaning given s
