Exhibit 10.2
FIRST AMENDMENT TO OFFER TO PURCHASE
THIS FIRST AMENDMENT TO OFFER TO PURCHASE (this “Amendment”) is made and entered into as of the
29th day of November, 2007, by and between TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (hereinafter referred to as
“Buyer”) and AURORA MEDICAL GROUP, INC., a Wisconsin non-stock corporation (hereinafter referred to as “Seller”).
RECITALS:
A. Seller and Buyer entered into that certain Offer to Purchase dated as of
November 21, 2007 (the
“Agreement”).
B. An affiliate of Seller, Aurora Health Care, Inc., executed on line 315 of the Agreement, but the
Seller signed the Rider that also comprises part of the Agreement, and the parties desire to acknowledge Aurora Medical Group, Inc.
as the Seller and to ratify the
Agreement.
C. Buyer and Seller hereby desire to amend the Agreement as set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party hereto, Seller and Buyer
hereby agree as follows:
1. Aurora Medical Group, Inc. is deemed the “Seller” under the Agreement for all purposes and by
its execution of this Amendment ratifies and confirms the Agreement.
2. The Section of the Agreement beginning on line 35 of the Agreement, which is entitled “Leased
Property” is hereby amended by adding the following at the end of the Section:
“The initial Base Rent (as defined in the lease) under each lease shall be as follows:
| |
(i) |
|
Greenville — $79,103.00 |
| |
| |
(ii) |
|
Suamico — $180,121.00 |
| |
| |
(iii) |
|
Kiel — $184,538.00 |
| |
| |
(iv) |
|
Plymouth — $1,687,806.00 |
| |
| |
(v) |
|
Waterford — $457,860.00 |
| |
| |
(vi) |
|
Wautoma — $394,650.00 |
Page 1
3. Buyer acknowledges and agrees that the Condition Precedent to Buyer’s
obligation to close the transaction set forth in Section I(3) of the Rider to the Agreement has
been satisfied and is deleted.
4. Except as expressly modified herein, the Agreement shall remain unmodified and in full force and
effect. Capitalized terms not
defined herein shall have the same meaning as in the Agreement.
5. Seller and Buyer agree that this Amendment may be transmitted between them by facsimile machine
or email. The Seller and Buyer
intend that faxed or emailed signatures shall constitute original signatures and that a faxed or
emailed version of this Amendment
containing the signature (original, faxed or emailed) of Seller and Buyer shall be counterparts,
each of which will constitute an
original and all of which shall comprise the entire Amendment.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Page 2
