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Chapter 11
Case No. 13-39210 (JBS)
(Jointly Administered)
The debtors in these chapter 11 cases, along with the last four digits of each debtors federal tax id number,
are NNN 123 North Wacker, LLC (4336) and NNN 123 North Wacker Member, LLC (7290).
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EXHIBIT A
FIRST AMENDMENT TO RESTRUCTURING SUPPORT AGREEMENT
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Definitions. Capitalized terms which are not specifically defined herein shall
exhibit to the Original RSA to the RSA or the Agreement shall mean the Original RSA, as
amended by this Amendment.
(b)
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Deadlines mean (i) this Agreement being approved in accordance with its terms by the
Bankruptcy Court on or before April 18, 2014 or if such approval does not become a
Final Order on or before May 6, 2014; (ii) the Adversary Proceeding being filed with the
Bankruptcy Court on or before March 21, 2014 if required pursuant to Section 2(a)(vi)
hereof; (iii) the Approved Plan and Disclosure Statement being filed with the
Bankruptcy Court on or before April 25, 2014; (iv) the Disclosure Statement being
approved by the Bankruptcy Court on or before June 13, 2014; (v) entry of an order by
the Bankruptcy Court confirming the Approved Plan on or before June 30, 2014; (vi)
entry of a Final Order in the Adversary Proceeding in favor of the Debtors allowing a
Sale Event to close on or before the date specified in the Approved Plan on or before
July 15, 2014; (vii) the Approved Plan becoming effective on or before July 15, 2014;
(viii) the Sale Event closing on or before July 15, 2014; and (ix) the Borrower Party
Conditions Precedent and the Noteholder Conditions Precedent being satisfied in full on
or before July 15, 2014; provided, that, Deadlines (v) - (ix) may be extended by fifteen
(15) days at the sole election of ND Investment, which election must be in writing and
delivered to the other Parties to this Agreement by no later than June 16, 2014.
3.
Full Force and Effect. Except as specifically amended as set forth herein, each
term and condition of the Original RSA shall continue in full force and effect
[SIGNATURES ON FOLLOWING PAGE]
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