eTrade 2000 Annual Report Download - page 143

Section 14.1 (c) :
On page 16, line 3, after the word “Landlord”, insert “; provided, however, if such default cannot be cured within thirty (30) days,
Tenant shall not be in default of this Lease so long as Tenant has commenced such cure within the thirty (30) day period and is
diligently pursuing the cure to completion (but in no event longer than ninety (90) days from the date Landlord notifies Tenant of the
default).”
Section 14.1 (j) :
At the end of Section 14.1(i), add the following Section:
“(j) 4500 Bohannon Lease . An Event of Default (as that term is defined in the 4500 Bohannon Lease) on the part of the tenant under
the 4500 Bohannon Lease.”
Section 14. l :
On page 16, in the last sentence in this Section, after the word “Lease”, insert “if the notice of default was drafted for Landlord by
Landlord’ s attorneys.”
Section 15.1 :
On page 17, line 5, after the word “withheld”, insert “or delayed”.
At the end of this Section, insert “Notwithstanding anything to the contrary contained in Section 15. t, Tenant shall have the right to
assign this Lease or sublet all or a portion of the Premises without Landlord’ s consent (but with thirty (30) days’ prior written notice to
Landlord) to (i) an Affiliate or (ii) any entity resulting from a merger or consolidation with Tenant (each hereinafter referred to as a
“Permitted Assignee”). For purposes of this Section 15, an “Affiliate” is defined as (i) an entity that directly or indirectly controls, is
controlled by or is under common control with Tenant or (ii) an entity at least a majority of whose economic interest is owned by
Tenant; and “control” means the power to direct the management of such entity through voting rights, ownership or contractual
obligations. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Leas e, including Tenant’ s
obligation to pay Base Rent and Additional Rent hereunder.”
Section 15.3 :
On page 17, line 1, in place of the deleted number, insert “ten (10) business”.
On page 17, line 3, after the word “sublet”, insert “if the term of such sublet is for greater than five (5) years or ends during the last
year of the Term or the proposed sublessee is an existing tenant or subtenant in the Project.”
At the end of this Section, insert “Notwithstanding anything to the contrary contained in Section 15.3, Landlord shall not have the right
to terminate this Lease as to all or any portion of the Premises pursuant to the terms and conditions contained in this Section 15.3 in
connection with an assignment by Tenant of its interest in this Lease to a Permitted Assignee or Tenant’ s sublease of all or a portion of
the Premises to a Permitted Assignee.”
Section 15.5 :
On page 18, line 15, after the word “Project.”, insert “For purposes of this Section 15.5, the term “prospective tenant” shall mean any
prospective lessee of space in the portion of the Project owned by Landlord with whom or which Landlord has been in contact
concerning the prospective lessee’ s interest in the space within thirty (30) of Tenant’ s contact with such prospective lessee or the date
on which Tenant requests Landlord’ s consent to the proposed sublease or assignment.”
On page 18, line 16, in place of the deleted number, insert “ten (10) business”.
Section 15.6 :
On page 18, line 10, after the word “Alto,”, insert “and Tenant is not entitled to deduct those costs pursuant to this Section 15.6 prior
to calculating the amount of any excess rent or other consideration payable to Landlord in accordance with the terms of this Section
15.6,”
2002. EDGAR Online, Inc.