EXHIBIT 10.1
FOURTH AMENDMENT TO LEASE
AGREEMENT
THIS FOURTH
AMENDMENT TO LEASE AGREEMENT (the “Fourth Amendment”),
is made this 27 day of August, 2008, by 3280 PEACHTREE I LLC (as
“Landlord”) and AMERICAN TELECONFERENCING SERVICES,
LTD. D/B/A PREMIERE GLOBAL SERVICES (as
“Tenant”).
W I T N E S S E T H:
WHEREAS, Landlord
and Tenant did enter into that certain Lease Agreement, dated as of
October 28, 2005 (the “Original Lease”), for space
(consisting of all of the 9 th floor, containing 23,684
square feet of Rentable Floor Area) in that certain building
located at 3280 Peachtree Road, Atlanta, Georgia (the
“Building”), as such space is more particularly
described in the Original Lease.
WHEREAS, Landlord
and Tenant did enter into that certain First Amendment to Lease
Agreement, dated as of July 31, 2006 (the "First
Amendment").
WHEREAS, Landlord
and Tenant did enter into that certain Second Amendment to Lease
Agreement, dated as of March 15, 2007 (the "Second
Amendment").
WHEREAS, Landlord
and Tenant did enter into that certain Third Amendment to Lease
Agreement, dated as of June 3, 2008 (the "Third
Amendment").
WHEREAS, the
Original Lease, as modified by the First Amendment, Second
Amendment and Third Amendment, is herein collectively referred to
as the Lease.
WHEREAS, Landlord
and Tenant desire to modify and amend the Lease, in the manner and
for the purposes herein set forth.
NOW, THEREFOR, for
and in consideration of the mutual premises, and for Ten and No/100
Dollars ($10.00) and other good and valuable consideration, paid by
the parties hereto to one another, the receipt and sufficiency of
which are acknowledged by the parties hereto, the parties hereto
hereby covenant and agree as follows:
1.
Defined Terms . All capitalized terms not defined herein
shall have the same meaning as set forth in the Lease.
2.
Landlord Coordination Fee . In connection with the Eight
Floor Expansion Space, Tenant shall not be required to pay any fees
or other sums to Landlord or any tenant development manager
designated by Landlord except as set forth in this paragraph.
Tenant agrees to pay to a tenant development manager designated by
Landlord, a fee for coordination in an amount equal to (i) one
percent (1%) of the hard costs of the work to be performed by
Tenant
in the Eighth Floor
Exp