SIXTH AMENDMENT TO LEASE AGREEMENT
THIS SIXTH AMENDMENT TO LEASE
AGREEMENT (the “ Sixth Amendment ”) is made
January 18, 2008, nunc pro tunc September 30,
2007, by and between SPIRIT MASTER FUNDING, LLC, a Delaware
limited liability company, as successor-in-interest to Spirit
Finance Acquisitions, LLC, a Delaware limited liability company
(“ Lessor ”), and SIGNIFICANT EDUCATION,
INC., a Delaware corporation, as successor-in-interest to
Significant Education, LLC, a Delaware limited liability company
(“ Lessee ”)
Recitals
WHEREAS, Lessor and Lessee
entered into that certain Lease Agreement dated as of June 28,
2004, as amended pursuant to that certain Amendment to Lease
Agreement dated effective as of September 24, 2004, as further
amended pursuant to that certain Second Amendment to Lease
Agreement dated effective as of August 23, 2005, as further
amended pursuant to that certain. Third Amendment to Lease
Agreement dated effective as of June 15, 2006, as further
amended pursuant to that certain Fourth Amendment to Lease
Agreement dated effective as of August 9, 2006, and as further
amended pursuant to that certain Fifth Amendment to Lease dated
August 20, 2007, nunc pro tunc December 31, 2006
(collectively, the “ Lease ”), with respect to
the real property and improvements as described in the Lease. Terms
not defined in this Sixth Amendment shall have the meanings
ascribed to them in the Lease.
WHEREAS, pursuant to
Section 44.D of the Lease, Lessor agreed to provide Additional
Funds for the Additional Tenant Improvements.
WHEREAS, Lessee has
requested, among other things, that Lessor disburse a portion of
the Additional Funds and extend the Final Disbursement Date up to
and including September 30, 2008, as further provided
herein.
NOW, THEREFORE, in
consideration of the foregoing recitals and other good and valuable
consideration, the re
