eTrade 2000 Annual Report Download - page 203

the SEOS Additional Security Deposit, then, within twenty (20) days after Tenant’ s written request, Landlord shall return the SEOS
Additional Security Deposit to Tenant or credit the SEOS Additional Security Deposit against the next installment of Rent due under
this Lease.
(2) Additional Remedy . If Tenant’ s financial net worth falls below Second Hundred Million Dollars ($700,000,000.00) at any time
after Tenant exercises its Second Expansion Option, but prior to Tenant’ s lease of the increment of Second Expansion Option Space
for which Tenant has exercised its Second Expansion Option, and Tenant fails to deliver to Landlord the SEOS Additional Security.
Deposit required pursuant to Section 26.3(b), then, in additional to all other remedies available to Landlord under this Lease, Landlord
may vitiate Tenant’ s exercise of its Second Expansion Option by written notice to Tenant and elect not to lease the applicable
increment of Second Expansion Option Space to Tenant (whereupon Tenant shall have no further rights to lease that increment of
Second Expansion Option Space).
(c) Letter of Credit . In lieu of a cash security deposit, Tenant may deliver to Landlord as the FEOS Additional Security Deposit or the
SEOS Additional Security Deposit an irrevocable standby letter of credit (the “Letter of Credit”) naming landlord as beneficiary, in the
amount of the FEOS Additional Security Deposit or the SEOS Additional Security Deposit, as applicable. 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.
It 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. 4200 Bohannon Lease . Concurrently with the execution of this Lease, Landlord and Tenant are entering into that certain lease (the
“4200 Bohannon Lease”) pursuant to which Landlord is leasing to Tenant approximately forty-six thousand two hundred fifty-five
(46,255) rentable square feet of space in that certain building (the “4200 Bohannon Building”) located in the Project. The obligations
of Landlord and Tenant under this Lease are expressly conditioned upon Landlord and Tenant entering into the 4200 Bohannon
Lease.”
IN WITNESS WHEREOF , the parties have executed this Addendum as of the date set forth below.
“Landlord”
MENLO OAKS PARTNERS L.P.,
a Delaware limited partnership
B
y
:
AM Limited Partners,
a California limited partnership,
its General Partner
B
y
:
Amarok Menlo, Inc., a California corporation, its General Partner
B
y
:
/s/J. Marty Brill, Jr.
Name:J. Marty Brill, Jr.
Its:President
2002. EDGAR Online, Inc.