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LXP Industrial Trust – ‘8-K’ for 5/6/22 – ‘EX-10.2’

On:  Thursday, 5/12/22, at 4:59pm ET   ·   For:  5/6/22   ·   Accession #:  1539497-22-964   ·   File #:  1-12386

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 5/12/22  LXP Industrial Trust              8-K:1,9     5/06/22   13:304K                                   Nuvo Group, Inc./FA

Current Report   —   Form 8-K

Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         Current Report                                      HTML     35K 
 2: EX-10.1     Amendment to Master Confirmation and Supplemental   HTML     27K 
                Confirmation of Registered Forward Transaction,                  
                Dated as of May 6, 2022, Between the Trust and                   
                Jpmorgan Chase Bank, National Association                        
 3: EX-10.2     Amendment to Master Confirmation and Supplemental   HTML     15K 
                Confirmation of Registered Forward Transaction,                  
                Dated as of May 6, 2022, Between the Trust and                   
                Wells Fargo Bank, National Association                           
 8: R1          Cover                                               HTML     49K 
11: XML         IDEA XML File -- Filing Summary                      XML     13K 
 9: XML         XBRL Instance -- n3045-x11_8k_htm                    XML     20K 
10: EXCEL       IDEA Workbook of Financial Reports                  XLSX      6K 
 5: EX-101.DEF  XBRL Definitions -- lxp-20220506_def                 XML     75K 
 6: EX-101.LAB  XBRL Labels -- lxp-20220506_lab                      XML    104K 
 7: EX-101.PRE  XBRL Presentations -- lxp-20220506_pre               XML     72K 
 4: EX-101.SCH  XBRL Schema -- lxp-20220506                          XSD     15K 
12: JSON        XBRL Instance as JSON Data -- MetaLinks               27±    35K 
13: ZIP         XBRL Zipped Folder -- 0001539497-22-000964-xbrl      Zip     23K 


‘EX-10.2’   —   Amendment to Master Confirmation and Supplemental Confirmation of Registered Forward Transaction, Dated as of May 6, 2022, Between the Trust and Wells Fargo Bank, National Association


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



Exhibit 10.2

 

To:

LXP Industrial Trust (f/k/a Lexington Realty Trust (“Counterparty”))

One Penn Plaza, Suite 4015

New York, New York, 10019-4015

From:

Wells Fargo Bank, National Association (or “Dealer”)

30 Hudson Yards, 14th Floor New York , NY 10001-2170

Email: CorporateDerivativeNotiftcations@well sfargo.com

 

Re: Amendment to Registered Forward Transaction
Date: May 6, 2022

 

Ladies and Gentlemen:

 

This letter agreement (this “Amendment”) amends the Supplemental Confirmation under the Master Confirmation dated as of May 10, 2021 between Dealer and Counterparty (the Master Confirmation and the Supplemental Confirmation together, the “Confirmation “), as amended and supplemented from time to time. Any capitalized term used but not defined herein shall have the meaning assigned thereto in the Confirmation.

 

I . Amendment. The Master Confirmation is amended by replacing the date May 11, 2022 opposite the term “Maturity Date” with June 27, 2022

 

2. Counterparty repeats the representations in Section 5(a)(B) and (C) of the Master Confirmation as of the date of this Amendment.

 

3.    No Additional Amendments or Waivers. Except as amended hereby, all the terms of the Transaction and provisions in the Master Confirmation and the Supplemental Confirmation shall remain and continue in full force and effect and are hereby confirmed in all respects.

 

4.     Counterparts. This Amendment may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all of the signatures thereto and hereto were upon the same instrument.

 

5.      Governing Law; Jurisdiction. THIS AMENDMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AMENDMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. THE PARTIES HERETO IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE UNITED STATES COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN CONNECTION WITH ALL MATTERS RELATING HERETO AND WAIVE ANY OBJECT TO THE LAYING OF VENUE IN, AND ANY CLAIM OF INCONVENIENT FORUM WITH RESPECT TO, THESE COURTS.

 

6.       Waiver of Jury Trial. EACH OF PARTY A AND PARTY B HEREBY IRREVOCABLY WAIVES (ON ITS OWN BEHALF AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ON BEHALF OF ITS STOCKHOLDERS) ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO ANY TRANSACTION OR THE ACTIONS OF PARTY A OR ITS AFFILIATES IN THE NEGOT IATION , PERFORMANCE OR ENFORCEMENT HEREOF.

 C: 
   C: 1 

 

 

Counterparty hereby agrees (a) to check this Amendment carefully and immediately upon receipt so that errors or discrepancies can be promptly identified and rectified and (b) to confirm that the foregoing (in the exact form provided by Dealer) correctly sets forth the terms of the agreement between Counterparty and Dealer hereunder , by manually signing this Amendment or this page hereof as evidence of agreement to such terms and providing the other information requested herein and immediately returning an executed copy to us.

 

Very truly yours,

 

 

WELLS FARGO BANK, NATIONAL ASSOCIATION

 

 

 

By: /s/ Cathleen Burk

Name: Cathleen Burke
Title: Managing Director

 

 

 

Agreed and accepted by:

 

LXP INDUSTRIAL TRUST (f/k/a LEXINGTON REALTY TRUST)

 

 

 

 

By: /s/ Beth Boulerice

Name: Beth Boulerice
Title: CFO

 

 

 

 C: 
  2 

 

 

 

 

 


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘8-K’ Filing    Date    Other Filings
6/27/22
Filed on:5/12/224
5/11/224
For Period end:5/6/22
5/10/21424B5,  8-K
 List all Filings 


2 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/16/23  LXP Industrial Trust              10-K       12/31/22  112:19M                                    Bonventre Joseph
 8/04/22  LXP Industrial Trust              10-Q        6/30/22   80:8.2M                                   Bonventre Joseph
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Filing Submission 0001539497-22-000964   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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