Circuit City 2005 Annual Report Download - page 127

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FIRST AMENDMENT TO LEASE
This FIRST AMENDMENT TO LEASE (this “Amendment”)
is dated as of February 1, 2006 and is made by and
between Ambassador Drive LLC, an Illinois limited liability company (“Landlord”) and Global Computer Supplies
Inc., a New York corporation, f/k/a Systemax Incorporated (“Tenant”).
RECITALS
A. American National Bank and Trust Company of Chicago, as Trustee u/t/a dated January 31, 1995, a/k/a
Trust No. 120041-07, as landlord, Tenant, as tenant and Walsh, Higgins & Company, an Illinois corporation, as
contractor, entered into that certain Build-To-Suit Lease Agreement dated April 21, 1995 (the “Lease”), with respect to
that certain premises commonly known as 175 Ambassador Drive, Naperville, Illinois (the “Demised Premises”).
B. Pursuant to a series of conveyances and assignments, Landlord is the current fee owner of the Demised
Premises and holder of all right, title and interest of landlord under the Lease.
C. Walsh, Higgins & Company has completed its obligations under the Lease to construct the Initial
Improvements and is therefore not a party to this Amendment.
D. Landlord and Tenant have agreed to amend the Lease to expand the Initial Improvements, extend the
expiration date of the Lease term and otherwise amend the Lease, all in accordance with the terms of this Amendment.
NOW THEREFORE, in consideration of the terms and conditions of this Amendment and for other good and
valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree to amend the Lease as follows:
1. Incorporation . The above recitals are incorporated as if fully rewritten herein.
2. Defined Terms .
All capitalized terms used in this Amendment but not otherwise defined herein shall have
the same meaning as those terms are defined to have in the Lease.
3. Term of Lease .
A. Effective on the Expansion Commencement Date, Section 1.1 of the Lease is hereby deleted in its
entirety and replaced with the following:
B. Effective on the Expansion Commencement Date, Section 1.2 is hereby deleted in their entirety.
C. Effective as of the date of this Amendment, Section 1.3 and the third paragraph of Section 1.4 of the
Lease are hereby deleted in its entirety.
D. Effective as of the date of this Amendment, Section 1.5 of the Lease is hereby deleted in its entirety
and replaced with the following:
“Section 1.1 – Initial Term . Except as otherwise provided in this Lease, the initial term of this Lease (“Initial
Term”) shall be for twenty (20) years, commencing on the Expansion Commencement Date (as such term is
defined in Section 2A.3(a) hereof), and ending on the date which is twenty (20) years, less one (1) day, after the
Expansion Commencement Date (“Initial Term Termination Date”). As of the date of this Lease, Landlord and
Tenant anticipate that the Initial Term Commencement Date will be August 18, 2006, and that the Initial Term
Termination Date will be August 17, 2026. Notwithstanding the foregoing, the Initial Term Commencement Date
and the Initial Term Termination Date shall be as set forth in this Section 1.1 and Section 2A.3(a) hereof, but in
no instance shall the Initial Term be less than twenty (20) years, unless sooner terminated as provided herein.
”
“Section 1.5 – Exercise of Options to Renew . If Tenant wishes to exercise its options for either or both of the
Renewal Terms, it shall give written notice thereof (“Renewal Notice”) to Landlord not later than twelve (12)