THIS AMENDMENT
#5 TO LEASE (this “Amendment”) is made and entered
into as of this 5 day of April, 2006, by and between PRINCIPAL
MUTUAL LIFE INSURANCE COMPANY . As landlord
(“Landlord”), and AMERICAN HOMEPATIENT, INC. as
tenant (“Tenant”).
WHEREAS, Landlord
and Tenant heretofore entered into that certain Lease (the
“Original Lease”) dated October 25, 1995, for the
lease of 29, 096 square feet of rentable area on the fourth floor
of the Parklane Building (the “Building”) located at
5200 Maryland Way, Brentwood, Tennessee 37027; and
WHEREAS, Landlord
and Tenant amended the Original Lease by Amendment #1 to Lease
dated January 2, 1996, thereby adjusting the occupancy date and
extending the term of the Original Lease, and
WHEREAS, Landlord
and Tenant further amended the Original Lease by Amendment #2 to
Lease dated October 29, 1996, thereby increasing the Leased
Premises by 2,166 rentable square feet; and
WHEREAS, Landlord
and Tenant further amended the Original Lease by Amendment #3 to
Lease dated June 25, 1997, thereby further increasing the
Leased Premises by 14, 377 rentable square feet and extending the
term of the Original Lease; and
WHEREAS, Landlord
and Tenant further amended the Original Lease by Amendment #4 to
Lease dated November 15, 2002, thereby extending the term,
restate the fixed minimum rent, and reduced the Leased Premises by
16,543 rentable square feet to 29,096 rentable square feet,
effective January 1, 2003; and
NOW, THEREFORE, in
consideration of the mutual covenants and obligations of the
parties as set forth herein, and other good and valuable
considerations, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
I. AMENDMENTS TO THE EXISTING
LEASE
1.1. Effective
Date. The effective date of this Amendment shall be as of
12:01 a.m. on February 1, 2006 (the “Effective
Date”).
1.2
Definitions . For purposes of this Amendment, the term
“Existing Lease” means the Original Lease, as
heretofore amended by Amendment #1 to Lease dated January 2,
1996, by Amendment #2 to Lease dated October 29, 1996, and by
Amendment #3 to Lease dated June 25, 1997, by Amendment #4 to
Lease dated November 15, 2002; and the term
“Lease” means the Existing Lease as further amended by
this Amendment #5 to Lease. All other capitalized terms used herein
and not otherwise defined herein shall have the meanings assigned
to such terms in the Existing Lease.
1.3 Extension
of Term . The term of the Lease is extended to July 31,
2010, unless sooner terminated as provided in the Lease.
1.4 Rent .
Effective on the Effective Date, fixed minimum rent for the Leased
Premises shall be as follows:
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Annual Minimum
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Monthly Minimum
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Dates
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Rent
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Rent
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$
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526,637.60
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$
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43,886.47
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