Exhibit 10(b)
SECOND GLOBAL
AMENDMENT TO MULTIPLE LEASES
THIS SECOND GLOBAL AMENDMENT TO
MULTIPLE LEASES (this “ Amendment ”) is made as
of the 31 st day of July, 2009 (the “ Effective
Date ”), by and between REX RADIO AND TELEVISION, INC.,
an Ohio corporation (“ Rex ”), KELLY & COHEN
APPLIANCES, INC., an Ohio corporation (“ Kelly &
Cohen ”), and STEREO TOWN, INC., a Georgia corporation
(“ Stereo Town ”) (collectively, Rex,
Kelly & Cohen and Stereo Town, “ Landlord
”), all having an address at 2875 Needmore Road, Dayton, Ohio
45414, and APPLIANCE DIRECT, INC., a Florida corporation (“
Appliance Direct ”), and the “ Tenants
” as hereinafter defined, all having an address at 397 North
Babcock Street, Melbourne, Florida 32935, under the following
circumstances:
A.
By Leases all dated as of January 29,
2009 (the “ Leases ”), Landlord leased to
affiliates of Appliance Direct (“ Tenants ”)
certain real property as more particularly identified on Exhibit A
attached hereto and made a part hereof.
B.
By Global Amendment to Multiple
Leases dated April 30, 2009, Landlord, Appliance Direct and Tenants
amended the Leases.
C.
Landlord, Appliance Direct and
Tenants now desire to further amend the Leases as set forth
below.
NOW, THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Landlord, Appliance Direct and Tenants amend
the Leases as follows:
1.
Article XXI, Purchase Option, of each
of the Leases is hereby deleted in its entirety.
2.
Article XXII (M), Option to
Terminate, of each of the Leases is hereby deleted in its
entirety.
3.
Exhibit I to each of the Leases is
hereby deleted and the Exhibit I attached to this Amendment is
inserted in lieu thereof.
4.
Schedule IV to each of the Leases is
hereby deleted and the Schedule IV attached to this Amendment is
inserted in lieu thereof.
5.
By execution of this Amendment, the
parties confirm that the term of each of the Leases is as set forth
on Exhibit B attached hereto and made a part hereof.
6.
Except as modified by this Amendment,
each of the Leases remain in full force and effect.
7.
The Leases, as modified by this
Amendment, are ratified and confirmed.
