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Exhibit
10.1
Certain portions hereof
denoted with “[***]” have been omitted pursuant to a
Request for
Confidential Treatment and
have been filed separately with the Commission
SIXTH AMENDMENT TO
LEASE
THIS SIXTH AMENDMENT TO LEASE
(this “ Amendment ”) is made as of this 1st day
of May, 2007, by and between HULL POINT LLC, a Maryland limited
liability company (“ Landlord ”) and UNDER
ARMOUR, INC., a Maryland corporation (“ Tenant
”), formerly known as KP Sports, Inc.
R.1. By that Office Lease
dated March 29, 2002 by and between Landlord and Tenant, as
amended by: (a) that First Amendment to Lease dated
September 10, 2002, (b) that Second Amendment to Lease
dated March 6, 2003, (c) that Third Amendment to Lease
dated June 23, 2004, (d) that Fourth Amendment to Lease
dated October 12, 2006, and (e) that Fifth Amendment to
Lease dated December 1, 2006 (collectively, the “
Existing Lease ”), Landlord leased to Tenant those
certain premises consisting of: (i) 31,880 rentable square
feet of space on the third floor, (ii) 4,661 rentable square
feet of space on the fourth floor, (iii) 463 rentable square
feet on the bridge of the Ivory Building, (iv) 8,581 rentable
square feet of space on the second floor of the Dawn Building, and
(v) 4,400 rentable square feet of space on the second floor
bridge between the Tide and Ivory Buildings (the “
Existing Premises ”) located at Tide Point, 1020 Hull
Street, Baltimore, Maryland 21230 (the Existing Lease together with
this Amendment are referred collectively as the “
Lease ”).
R.2. Landlord and Tenant
desire to amend the terms and conditions of the Existing Lease to
reflect: (a) an expansion of the Existing Premises by
(i) 5,000 rentable square feet of space on the second floor of
the Tide Building (“ Suite 200 ”),
(ii) 12,594 rentable square feet of space on the third floor
of the Tide Building (“ Suite 300 ”), and
(iii) 1,673 rentable square feet of space on the second floor
of the Tide Building (“ Suite 210 ”), all as
more particularly depicted on Exhibit A (referred to as the
“ Expansion Space ”); and (b) to modify and
extend the Term of the Lease as described below.
R.3. Landlord and Tenant
desire to amend the Lease upon the terms and conditions set forth
below.
AGREEMENT
NOW, THEREFORE, for good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Landlord and Tenant agree as
follows:
1. Definitions . All
capitalized terms not otherwise defined herein shall have the
meanings ascribed to them in the Lease. May 1, 2007 will
constitute the “ Effective Date .”
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2. Amendments to Lease
. The Lease is hereby amended as follows:
2.1 Lease Term . The
Existing Lease currently has several expiration dates, each tied to
a portion of the Existing Premises. All such expiration dates are
hereby superceded and the Term of the Lease shall, unless otherwise
provided in this Amendment or in the Lease, be until April 30,
2012. For purposes of establishing the Base Rent, the period from
May 1, 2007 until April 30, 2008 shall be Lease Year 1,
and each subsequent twelve calendar month period shall be the next
succeeding Lease Year.
2.2 Rent .
(a) Through April 30,
2007, Tenant shall be responsible for paying Base Rent in
accordance with the Existing Lease. As of the Effective Date, Base
Rent will be determined in accordance with the following provisions
of this Amendment, notwithstanding the various rent schedules
applicable beyond that date set forth in the Fourth and Fifth
Amendments.
(b) Tenant shall pay Base
Rent for the Existing Premises and the 5,000 rentable square feet
of Suite 200 as follows:
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Lease
Year
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Rent Per SF
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Annual
Amount
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1 |
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$[***] |
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$[***] |
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2 |
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$[***] |
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$[***] |
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3 |
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$[***] |
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$[***] |
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4 |
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$[***] |
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$[***] |
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5 |
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$[***] |
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$[***] |
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(c) Tenant shall pay Base
Rent for the 12,594 rentable square feet of Suite 300 as
follows:
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Lease Year
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Rent Per SF
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Annual
Amount
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1 |
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$[***] |
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$[***] |
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2 |
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$[***] |
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$[***] |
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3 |
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$[***] |
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$[***] |
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4 |
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$[***] |
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$[***] |
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5 |
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$[***] |
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$[***] |
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2
(d) Tenant shall pay Base
Rent for the 1,673 rentable square feet of Suite 210 as
follows:
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Lease
Year
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Rent Per
SF
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Annual Amount
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1
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$[***] |
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$[***] |
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2
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$[***] |
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$[***] |
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3
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$[***] |
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$[***] |
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4
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$[***] |
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$[***] |
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5
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$[***] |
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$[***] |
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2.3 Delivery of Expansion
Spaces . Landlord shall deliver the Expansion Space to the
Tenant on May 1, 2007. As of the delivery date above, the
definition of the term “Premises” shall include the
Expansion Space, and the rentable square footage of the Premises
shall be increased to 69,272. Tenant shall accept the
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