SIXTH
AMENDMENT TO SUB-LEASE AGREEMENT
SIXTH AMENDMENT TO SUB-LEASE AGREEMENT
(“Amendment”), made this ____ day of _________, 2008
between COLUMBIA
677, L.L.C., a New York limited liability company with
offices at 302 Washington Avenue Extension, Albany, New York 12203
(the "Landlord"), and BROADPOINT SECURITIES GROUP,
INC. f/k/a FIRST ALBANY COMPANIES INC. , with an
office at 677 Broadway, Albany, New York 12207 (the
"Tenant").
WHEREAS, Landlord and Tenant entered into a Sub-Lease
Agreement dated August 12, 2003 as amended pursuant to a First
Amendment dated October 11, 2004 and Second Amendment
dated February 28, 2005 and as amended by that certain Third
Amendment dated September 29, 2006 and as amended by
that certain Fourth Amendment dated August 9, 2007 and as amended
by that certain Fifth Amendment dated November 2, 2008
(collectively the Sublease”) concerning the lease of
approximately 9,758 square feet in the building located at 677
Broadway, City and County of Albany, State of New York
(“Leased Property”); and
WHEREAS, Tenant desires to surrender a portion of the Leased
Property prior to the expiration date set forth in the Sublease and
Landlord is willing to accept such surrender in the manner and upon
and subject to the terms and conditions hereinafter set forth;
and
WHEREAS, Landlord and Tenant desire to amend certain terms
and conditions of the Sublease as specifically set forth
herein.
NOW, THEREFORE, in consideration of the foregoing premises,
of the mutual covenants set forth herein, and of other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, intending to be legally
bound, hereby agree as follows:
1. All
capitalized terms not specifically defined herein shall have
the meaning set forth in the Sublease.
2. Pursuant
to the Sublease, Tenant is leasing space located on the 12
th
floor in the Building and desires to surrender to Landlord the
entire 12 th
floor of the Building consisting of 6,805 square feet of space
in the manner described herein ("Surrender
Premises"). Tenant wishes to surrender possession
of the Surrender Premises and Landlord hereby agrees to
release the Tenant from its lease obligations under the
Sublease for its use and occupancy of the Surrender Premises
pursuant to the terms and conditions of this
Amendment.
3.
Tenant hereby agrees to vacate the Surrender
Premises on or before June 30, 2008 ("Surrender
Date"). Tenant's surrender of the Surrender
Premises on the Surrender Date is OF THE
ESSENCE. Notwithstanding anything set forth in this
paragraph to the contrary, if Tenant fails to vacate the
Surrender Premises (or any portion thereof) on the Surrender
Date, Tenant shall pay a fix sum, on demand, of $50,000 per
month for such failure which sum shall be charged to Tenant on
a per diem basis based upon a 30 day month (i.e. Tenant shall
be charged $1,666.67 for each day Tenant fails to vacate the
Surrender Premises on the Surrender Date).
4. As
of the Surrender Date set forth above and provided (i) Tenant
has vacated the Surrender Premises on or before such Surrender
Date , (ii) Tenant pays to Landlord the Surrender Fee
when due, and (iii) the terms and conditions of this Amendment
are sa
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