Exhibit 10.18
FIRST AMENDMENT TO INDUSTRIAL
BUILDING LEASE
THIS FIRST AMENDMENT TO INDUSTRIAL
BUILDING LEASE (the “ Amendment ”) is made this
day of
, 2007, between US INDUSTRIAL REIT II, a Texas real estate
investment trust (hereinafter referred to as
“Landlord”) and DS DISTRIBUTION, INC., a Delaware
corporation (hereinafter referred to as
“Tenant”).
W
I T N
E S S E T H
:
WHEREAS , Landlord and Tenant entered into that certain
Industrial Building Lease dated June 20, 2007 (the
“Lease”) pursuant to which Landlord agreed to lease to
Tenant and Tenant agreed to lease from Landlord, certain Premises
containing 85,080 Rentable Square Feet known as Suite 300 in the
building located at 1130 Commerce Boulevard, Logan Township, New
Jersey (the “Building”); and
WHEREAS , the parties hereto desire to modify the Lease
to reflect that the square footage of the Premises through
July 31, 2008, shall be 69,015 Rentable Square Feet for the
purposes of Basic Rent only as set forth herein (Tenant’s
proportionate share shall remain 22.04%); and
WHEREAS , any capitalized terms not otherwise defined in
this Amendment shall have the meanings ascribed to them in the
Lease.
NOW, THEREFORE
, in consideration of the mutual
covenants and agreements hereinafter set forth, and for other good
and valuable consideration, the mutual receipt and legal
sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
1. Basic Rent.
Section 1.12 of the Lease is hereby deleted and the following
rent schedule is substituted in lieu thereof:
“1.12 Basic Rent . The
amount set forth in the following schedule, subject to adjustment
as specified in Article IV .
