Unassociated Document


     

    EXHIBIT 10.29


    PROMISSORY
NOTE

    


    
      
        
          	
                  $16,573,350.89

                	 
      	
                  October
      8, 2009

                


        

      

    

    


    Mission West Properties,
L.P., Mission West Properties, L.P. I, Mission West Properties, L.P. II, and
Mission West Properties, L.P. III (collectively referred to herein as
“Mission”)

    


    promises
to pay to            The
Berg
Group                                           

    


    the
principal sum of Sixteen Million Five Hundred Seventy Three Thousand Three
Hundred Fifty Dollars and 89 Cents ($16,573,350.89),

    


    plus
interest at the rate of 30 day LIBOR plus 1.75 percent per annum (compounded on
the basis of a 366-day year) beginning on the 8th day of October,
2009.

    


    Should
interest not so be paid, it shall thereafter bear like interest as the
principal, but such unpaid interest so compounded shall not exceed an amount
equal to simple interest on the unpaid principal at the maximum rate permitted
by law. Should default be made in the payment of any installment of interest
when due, the whole sum of principal and interest shall become immediately due
and payable at the option of the holder of this note.  Should suit be
commenced or an attorney employed to enforce the payment of this note, we agree
to pay such additional sum as the court may adjudge as reasonable attorney’s
fees in said suit. Principal and interest are payable in lawful money of the
United States.

    


    Principal
and interest are payable in lawful money of the United States no later than
December 31, 2009.  Notwithstanding the above, Mission shall use its
best efforts to repay the loan as soon as possible using all available sources
of cash, including but not limited to cash generated from operations and cash
available from any other financing sources.

    


    
      
        
          
            
              
                
                  
                    
                      	
                              Signed By:

                            	 
      	
                              /s/ Raymond V. Marino

                            	 	
                              10/8/09

                            	 
      
	 
      	
                              Raymond V. Marino, Pres. & COO

                            	 	
                              Date

                            	 
      
	 
      	
                              Mission West Properties, Inc.

                            	 	 
      	 
      
	 
      	
                              Its General Partner

                            	 	 
      	 
      
	 
      	 
      	 	 
      	 
      
	 
      	 
      	 	 
      	 
      
	 
      	 
      	 	 
      	 
      
	
                              Acknowledged:

                            	
                              s/ Carl E. Berg

                            	 	
                              10/8/09

                            	 
      
	 
      	
                              Carl E. Berg

                            	 	
                              Date