EXHIBIT 10.20
SECOND AMENDMENT TO LEASE
AGREEMENT
THIS SECOND
AMENDMENT TO LEASE AGREEMENT (the “Second Amendment”),
is made this 15 th day of March, 2007, by 3280 PEACHTREE
I LLC (as “Landlord”) and XPEDITE SYSTEMS, LLC 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 10 th floor) in that certain
building located at 3280 Peachtree Road, Atlanta, Georgia (the
“Building”), as such space is more particularly
described in the Original Lease (the “Demised
Premises”).
WHEREAS, Landlord
and Tenant did enter into that certain First Amendment to Lease
Agreement, dated July 31, 2006 (the “First
Amendment”).
WHEREAS, the
Original Lease, as modified by the First Amendment, is sometimes
herein referred to collectively 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 Original
Lease.
2.
Size of Demised Premises . The square feet of Rentable Floor
Area of the Demised Premises, which was set forth in the Original
Lease as 23,529 is and shall be, for the purposes of the Original
Lease, 23,684 square feet of Rentable Floor Area. Floor plan
measurements for the Building are as set forth on Exhibit
“B” , attached hereto and by this reference
incorporated herein.
3.
Building Size and Building Address . The square feet of
Rentable Floor Area in the Building, which was set forth in the
Original Lease as 582,049, is and shall be for the purposes of the
Original Lease, 584,758 square feet of Rentable Floor Area. The
address of the Building and the Building address for notices to
Tenant is (in lieu of what is set forth in the Original Lease) 3280
Peachtree Road, NW, Atlanta, Georgia 30305-2422.
4.
Signage and Tenant’s Logotype . With respect to the
Building monument signs described in Article 59.1 of the Original
Lease, Tenant acknowledges that such signs are attached to the
Building, and are not free-standing. Tenant, together with
Tenant’s Affiliate (leasing the 9 th floor of the
Building), have the right, in the aggregate, to one sign panel on
one such sign.
5.
Removal of Certain Improvements at end of Lease Term .
Tenant hereby acknowledges that Landlord permitted Tenant to build
within and as a part of the Demised Premises, a fitness center for
use by Tenant’s employees (based upon plans and
specifications received by Landlord), on the sole condition that,
upon the end of the Lease Term, Tenant restore such fitness center
area to a condition consistent with Tenant’s build-out and
finish in the remainder of the Demised Premises, at Tenant’s
sole cost and expense. Tenant hereby agrees that on or prior to the
end of the Lease Term, Tenant shall restore the fitness center area
to a condition consistent with Tenant’s build-out and finish
in the remainder of the Demised Premises, at Tenant’s sole
cost and expense.
6.
Operating Expenses; Bond Transaction . Landlord obtained an
inducement resolution from the Development Authority of Fulton
County (the “Authority”) which qualified the Project
for the issuance by the Authority of taxable revenue bonds to
finance the acquisition of the Project by the Authority and the
lease-back of the Project from the Authority to Landlord, and
Landlord and the Authority have closed and consummated such taxable
revenue bond transaction. The taxable revenue bond financing
transaction with the Authority required the expendit
