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FOURTH AMENDMENT TO LEASE

Lease Agreement

FOURTH AMENDMENT TO LEASE | Document Parties: Connecticut General Life Insurance Company | Crocker Operating Partnership | Crocker Realty Trust, Inc | Crocker Realty Trust, LP | Crocker Realty, LP | CRT-GP, LLC | Immucor, Inc You are currently viewing:
This Lease Agreement involves

Connecticut General Life Insurance Company | Crocker Operating Partnership | Crocker Realty Trust, Inc | Crocker Realty Trust, LP | Crocker Realty, LP | CRT-GP, LLC | Immucor, Inc

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Title: FOURTH AMENDMENT TO LEASE
Date: 7/27/2007
Industry: Medical Equipment and Supplies     Sector: Healthcare

FOURTH AMENDMENT TO LEASE, Parties: connecticut general life insurance company , crocker operating partnership , crocker realty trust  inc , crocker realty trust  lp , crocker realty  lp , crt-gp  llc , immucor  inc
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Exhibit 10.1.6

 

FOURTH AMENDMENT TO LEASE

This Fourth Amendment to Lease , made and entered into as of this 8th day of August , 200 2 by and between Crocker Realty Trust, L.P. (hereinafter referred to as “Lessor”), a Delaware limited partnership doing business in Georgia as Crocker Realty, L.P., successor in interest to Connecticut General Life Insurance Company on behalf of its Separate Account R, and Immucor, Inc. , a Georgia corporation (hereinafter referred to as “Lessee”).

WITNESSETH:

Whereas , Lessor’s predecessor in interest and Lessee entered into a Lease Agreement dated as of February 2, 1996 for the Premises located in Suite 600 at 3130 Gateway Drive, and Suite 400, 450, and 500 at 3150 Gateway Drive, Norcross, Georgia 30071, containing 47,452 square feet, which was amended by that certain First Amendment to the Lease Agreement dated March 8, 1998 and which was further amended by that certain Second Amendment to Lease Agreement dated August 18, 1998 and which was further amended by that certain Third Amendment dated August 19, 1999 (such Lease Agreement as so amended by the First Amendment, Second Amendment and Third Amendment is hereinafter referred to as the “Lease).

Whereas , Lessor and Lessee desire to further amend the Lease in certain respects:

Now, Therefore, in consideration of the Premises, the sum of Ten and no/100 Dollars ($10.00) in hand paid by Lessee to Lessor, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1.                                       Premises:

As of December 1, 2002, the Premises shall be expanded to include 5,241 rentable square feet in Suite 200 at 7000 Peachtree Industrial Boulevard, Norcross, Georgia 30071 (hereinafter referred to as the “Expansion Premises” and attached hereto as Exhibit “A”).  The new size of the Premises shall be 72,384 rentable square feet.

2.                                       Extension :

In further reference to Paragraph 1 of the First Amendment and Paragraph 2 of the third Amendment, the Lease shall be extended for twenty-seven (27) months from August 31, 2005 to November 30, 2007 (the “Termination Date”).

3.                                       Base Rate :

The base rent for the Expansion Premises shall be as follows:

Period

 

Per Square Foot

 

Period Total

 

Monthly

 

12/1/02 – 11/30/03

 

$

8.39

 

$

43,971.99

 

$

3,664.33

 

12/1/03 – 11/30/04

 

$

8.73

 

$

45,730.87

 

$

3,810.91

 

12/1/04 – 11/30/05

 

$

9.07

 

$

47,560.10

 

$

3,963.34

 

12/1/05 – 11/30/06

 

$

9.44

 

$

49,462.51

 

$

4,121.88

 

12/1/06 – 11/30/07

 

$

9.82

 

$

51,441.01

 

$

4,286.75

 

 




In further reference to Section 3 and Special Stipulation 36 of the Lease, Lessee shall pay rent on the entire Premises based on the following schedule:

Period

 

Per Square Foot

 

Period Total

 

Monthly

 

12/1/02 – 11/30/03

 

$

8.39

 

$

607,301.76

 

$

50,608.48

 

12/1/03 – 11/30/04

 

$

8.73

 

$

631,593.83

 

$

52,632.82

 

12/1/04 – 11/30/05

 

$

9.07

 

$

656,857.58

 

$

54,738.13

 

12/1/05 – 11/30/06

 

$

9.44

 

$

683,131.89

 

$

56,927.66

 

12/1/06 – 11/30/07

 

$

9.82

 

$

710,457.16

 

$

59,204.76

 

 

4.                                        Improvement Allowance :

Lessor shall provide a Tenant Improvement Allowance to Lessee pursuant to the provisions in the attached Exhibit “B”.

5.                                        Pro-Rata Share :

Tenant’s pro-rata share of the entire Property for calculation purposes shall be thirty-three and 06/100 percent (33.06%).

6.                                        Section 38, Renewal Option, of the Lease shall be based upon the new expiration date as set forth in Paragraph 2, above.

7.                                        Expansion Option :

Provided no material Event of Default by Tenant has occurred, Tenant shall have the first refusal to lease the area identified on Exhibit “A” to this Fourth Amendment to Lease Agreement as the Option Space known as Suite 100 and Suite 300 containing 2,606 square feet and 6,459 square feet respectively (herein so called) on the following terms and conditions:

(a)                                   In the event of a bona fide offer for any part of the Option Space, Landlord shall give written notice (the “Notice”) to Tenant specifying the terms of such offer, and Tenant shall have the option to lease the portion of the Option Space described in the Notice upon the terms stated in the Notice.  As used herein, “bona fide offer” shall mean either a binding or non-binding letter of intent or proposal to or from a specific prospective tenant containing a statement of the material economic terms for a lease of the Option Space.

(b)                                  Landlord must receive written notice from Tenant of its unconditional and irrevocable acceptance of the terms stated in the Notice no later than five (5) days after Tenant’s receipt of the Notice; failing which, Landlord shall be free for a period of three hundred sixty-five (365) days thereafter to lease all or any part of

2




the Option Space, and in connection with such leasing, Landlord may agree to changes to the terms stated in the Notice without Tenant’s consent or approval so long as such changes are the result of arm’s-length negotiations between Landlord and a prospective tenant and not the result of bad faith or collusion.  To the extent (and only to the extent) any part of the Option Space has not been so leased or becomes available again at the end of such 365-day period, Tenant’s right of refusal under this Paragraph shall remain in effect.

(c)                                   If Landlord has received written notice from Tenant of its unconditional and irrevocable acceptance of the terms stated in the Notice not later than five (5) days after Tenant’s receipt of the Notice, the portion of the Option Space described in the Notice shall be deemed added to the Premises, Landlord shall deliver such portion of the Option Space to the Tenant at the time and in the condition described in the Notice, Tenant shall commence payment of Minimum Rent and Additional Rent with respect to such portion of the Option Space in accordance with the terms of the Notice, and all other terms of Tenant’s leasing and occupancy of such portion of the Option Space shall be as provided in the Lease except as otherwise provided in the Notice.  When requested by Landlord, Tenant shall execute an appropriate amendment to this Lease to reflect the addition of such portion of the Option Space to the Premises.

Except as expressly amended hereby, the Lease shall remain in full force and effect.

In Witness Whereof , the parties hereto have set their hand and seal as of the day and year first above written.

Lessor:

 

 

 

 

Signed, Sealed and Delivered

Crocker Realty Trust, L.P., a Delaware

in the presence of:

limited partnership doing business in

 

Georgia as Crocker Realty, L.P.

 

 

 

 

 /s/ Kim K. Chase

 

By:

CRT-GP, LLC, a Delaware limited

Printed Name:

Kim K. Chase

 

liability company, its sole general partner

 

 

 

 

 /s/ Donna E. Green

 

By:

Crocker Operating Partnership,

Printed Name:

Donna E. Green

 

L.P., a Delaware limited partnership, its sole

 

 

member

 

 

 

 

 

 

 

By:

Crocker Realty Trust, Inc., a

 

 

Mar







 
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