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¶ – Release Delayed ·As Of Filer Filing For·On·As Docs:Size Issuer Agent 5/26/15 Seritage Growth Properties S-11/A¶ 11:2.8M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size 1: S-11/A Amendment No. 3 to Form S-11 HTML 1.89M 11: CORRESP ¶ Comment-Response or Other Letter to the SEC HTML 58K 2: EX-3.1 Articles of Incorporation/Organization or By-Laws HTML 105K 3: EX-8.1 Opinion re: Tax Matters HTML 16K 6: EX-10.10 Material Contract HTML 43K 7: EX-10.11 Material Contract HTML 40K 4: EX-10.8 Material Contract HTML 75K 5: EX-10.9 Material Contract HTML 11K 8: EX-23.3 Consent of Experts or Counsel HTML 7K 9: EX-23.4 Consent of Experts or Counsel HTML 7K 10: EX-23.5 Consent of Experts or Counsel HTML 6K
| EX-10.9 |
Exhibit 10.9
Seritage Growth Properties
Dear Ben:
Reference is made to the Employment Agreement, dated as of April 17, 2015, by and between Seritage Growth Properties, a Maryland real estate investment trust (“Seritage”) and you (your “Employment Agreement”).
As you know, in connection with the closing of the Rights Offering (as defined in your Employment Agreement) pursuant to which Seritage will be established as a publicly traded entity, the business of Seritage will be operated by its subsidiary entity, Seritage Growth Properties, L.P., an operating partnership (the “Operating Partnership”). Accordingly, this letter confirms that, effective as of the closing date of the Rights Offering, the Operating Partnership hereby acknowledges and agrees to be bound by your Employment Agreement as your primary employer, and hereby becomes bound by, and joint and severally liable for, all of Seritage’s liabilities and obligations thereunder to you, excluding the obligations to deliver Seritage equity, which shall remain the primary obligation of Seritage. In accordance with the foregoing, effective as of the closing date of the Rights Offering, all applicable references to Seritage contained in your Employment Agreement shall also be deemed to refer to the Operating Partnership from and after the closing date of the Rights Offering (except as the context may otherwise require).
Nothing herein shall be deemed an impairment of Seritage’s rights, liabilities and obligations under the Employment Agreement, and except as expressly modified by this letter, all of the terms and conditions of your Employment Agreement shall remain in full force and effect, a conformed copy (incorporating the provisions of this letter agreement) of which shall be provided to you in connection with the closing of the Rights Offering. The provisions of Sections 12 through 20, and Section 22, of the Employment Agreement, are hereby incorporated by reference and made a part hereof.
| Very truly yours, | ||
| Seritage Growth Properties | ||
| By: | ||
| Name: | Robert A. Riecker | |
| Title: | President and Treasurer | |
| and | ||
| Seritage Growth Properties, L.P. | ||
| By: | Seritage Growth Properties, | |
| Its General Partner | ||
| By: | ||
| Name: | Robert A. Riecker | |
| Title: | President and Treasurer | |
| ACKNOWLEDGED AND AGREED |
| /s/ Benjamin Schall |
| Benjamin Schall |
| This ‘S-11/A’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 5/26/15 | CORRESP | ||
| 4/30/15 | ||||
| 4/17/15 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 4/01/24 Seritage Growth Properties 10-K 12/31/23 88:14M Donnelley … Solutions/FA 3/14/23 Seritage Growth Properties 10-K 12/31/22 89:24M Donnelley … Solutions/FA 5/02/22 Seritage Growth Properties 10-K/A 12/31/21 13:1.7M Donnelley … Solutions/FA 3/16/22 Seritage Growth Properties 10-K 12/31/21 86:26M Donnelley … Solutions/FA 3/15/21 Seritage Growth Properties 10-K 12/31/20 90:28M ActiveDisclosure/FA |