eTrade 2000 Annual Report Download - page 148

recovers possession of the 4400 Bohannon Expansion Option Space. Tenant’ s obligation to pay Rent to Landlord for the 4400
Bohannon Expansion Option Space shall commence on the forty- fifth (45th) day after Landlord delivers possession of the 4400
Bohannon Expansion Option Space to Tenant; provided, however, if Landlord delivers possession of the 4400 Bohannon Expansion
Option Space to Tenant prior to August 31, 2000, Tenant’ s obligation to pay Rent to Landlord for the 4400 Bohannon Expansion
Option Space shall commence on the forty-fifth (45th) day after Landlord delivers possession of the 4400 Bohannon Expansion Option
Space to Tenant; provided, however, if Landlord delivers possession of the 4400 Bohannon Expansion Option Space to Tenant prior
to August 31, 2000 as a result of an Early Termination Event, Tenant’ s obligation to pay Rent to Landlord for the 4400 Bohannon
Expansion Option Space shall commence on the sixtieth (60th) day after Landlord delivers possession of the 4400 Bohannon
Expansion Option Space to Tenant.
26.5 Extension of Term . If Tenant exercises its option under the 4500 Bohannon Lease to lease an increment of First Expansion
Option Space (defined therein) or Tenant exercises its option under this Lease to lease the 4400 Bohannon Expansion Option Space,
the Term with respect to the Premises, any increment of First Expansion Option Space for which Tenant has exercised its expansion
option and the 4400 Bohannon Expansion Option Space (provided that Tenant has exercised its Expansion Option with respect to such
space) shall be extended until the tenth (10th) year after the latest commencement date of Tenant’ s lease of any increment of First
Expansion Option Space (for which Tenant has exercised its expansion option) or Tenant’ s lease of the 4400 Bohannon Expansion
Option Space.
26.6 Additional Security Deposit .
(a) Amount . If Tenant does not have a financial net worth of at least Five Hundred Million Dollars ($500,000,000.00) at the time
Tenant exercises its Expansion Option, Tenant may still exercise its Expansion Option provided that Tenant delivers to Landlord
concurrently with Tenant’ s execution of an amendment to this Lease to include the 4400 Bohannon Expansion Option Space as part of
the Preemies or Tenant’ s execution of a new lease for the 4400 Bohannon Expansion Option Space (which shall occur no later than
thirty (30) days after Tenant’ s execution of its Expansion Option), an additional security deposit (the “ Additional Security Deposit”)
in an amount equal to the difference between (i) Forty-Five Dollars ($45.00) per rentable square foot of the 4400 Bohannon Expansion
Option Space and (ii) the amount of the security deposit due with respect to the 4400 Bohannon Expansion Option Space pursuant to
Section 26.3. If Tenant’ s financial net worth falls below Five Hundred Million Dollars ($500,000,000.00) at any time after Tenant
exercises its Expansion Option, then Tenant shall deliver to Landlord within twenty (20) days after Landlord’ s written request the
Additional Security Deposit. Alternatively. if Tenant’ s financial net worth increases to Five Hundred Million Dollars
($500,000.000.00) or more at any time after Tenant has delivered to Landlord the Additional Security Deposit, then, within twenty
(20) days after Tenant’ s written request, Landlord shall return the Additional Security Deposit to Tenant or credit the Additional
Security Deposit against the next installment of Rent due under this Lease.
(b) Additional Remedy . If Tenant’ s financial net worth falls below Five Hundred Million Dollars ($500,000.000.00) at any time after
Tenant exercises its Expansion Option, but prior to Tenant’ s lease of the 4400 Bohannon Expansion Option Space, and Tenant fails to
deliver to Landlord the Additional Security Deposit required pursuant to Section 26.6(a), then, in additional to all other remedies
available to Landlord under this Lease, Landlord may vitiate Tenant’ s exercise of its Expansion Option by written notice to Tenant
and elect not to lease
the 4400 Bohannon Expansion Option Space to Tenant (whereupon Tenant shall have no further rights to lease the 4400 Bohannon
Expansion Option Space).
(c) Letter of Credit . In lieu of a cash security deposit, Tenant may deliver to Landlord as the Additional Security Deposit an
irrevocable standby letter of credit (the “Letter of Credit”) naming Landlord as beneficiary, in the amount of the Additional Security
Deposit. The Letter of Credit shall be issued by a major national bank located in San Francisco or a regional bank located in the San
Francisco Bay Area (“Bank”) reasonably satisfactory to Landlord and shall be upon such terms and conditions as Landlord may
reasonably require. The Letter of Credit shall allow draws by Landlord upon sight draft accompanied by a statement from Landlord
that it is entitled to draw upon the Letter of Credit and shall contain terms which allow Landlord to make partial and multiple draws up
to the face amount of the Letter of Credit. If Tenant has not delivered to Landlord at least thirty (30) days prior to the expiration of the
original Letter of Credit (or any renewal letter of credit) a renewal or extension thereof, Landlord shall have the right to draw down the
entire amount of original Letter of credit (or renewal thereof) and retain the proceeds thereof as the security deposit. If and when
Tenant would be entitled to request that Landlord return the security deposit to Tenant or apply the security deposit towards Tenant’ s
obligation to pay Rent, Landlord shall, at Tenant’ s request, return to Tenant any Letter of Credit delivered to Landlord pursuant to this
paragraph.
27 4500 Bohannon Lease . Concurrently with the execution of this Lease, Landlord and Tenant are entering into that certain lease (the
“4500 Bohannon Lease”) pursuant to which Landlord is leasing to Tenant approximately sixty-two thousand nine hundred twenty
(62,920) rentable square feet of space in that certain building (the “4500 Bohannon Building”) located in the Project. The obligations
2002. EDGAR Online, Inc.