Exhibit 10.21
SECOND AMENDMENT TO OFFICE LEASE AGREEMENT
Seaport Centre West
900 Saginaw Drive
Redwood City, California
THIS SECOND AMENDMENT TO OFFICE LEASE
AGREEMENT (“ Second Amendment ”) is dated as of
November 19, 2007 (the “ Effective Date ”)
and is entered into between HCP LS REDWOOD CITY, LLC (f/k/a Slough
Redwood City, LLC), a Delaware limited liability company (“
Landlord ”) and CARDICA, INC., a Delaware corporation
(“ Tenant ”), with reference to the following
facts:
Recitals
A. Landlord (as successor to
CA-Seaport Centre Limited Partnership) and Tenant are parties to an
Office Lease Agreement dated as of April 25, 2003, as amended
by a First Amendment dated as of January 21, 2004 (the “
First Amendment ”) (as so amended, the “
Lease ”), which Lease presently covers premises
consisting of approximately 29,614 rentable square feet (the
“ Premises ”) constituting a portion of the
building in the Britannia Seaport Centre, Redwood City, California
commonly known as 900 Saginaw Drive (the “ Building
”). The current term of the Lease is presently scheduled to
expire on August 31, 2008.
B. Landlord and Tenant wish to
further amend the Lease to provide for the extension of the term of
the Lease, subject to all of the provisions of this Second
Amendment, and to make certain other mutually agreeable changes in
the Lease as more particularly set forth herein.
C. Capitalized terms used in
this Second Amendment as defined terms but not specifically defined
in this Second Amendment shall have the meanings assigned to such
terms in the Lease.
Agreement
NOW, THEREFORE, in consideration of
the mutual agreements contained in this Second Amendment and for
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Landlord and Tenant agree as
follows:
1. Extended Term of
Lease . The Term of the Lease is extended to and including
August 31, 2011, upon the terms and conditions set forth in
this Second Amendment. The period from September 1, 2008
through August 31, 2011 is referred to herein as the “
Extended Term .” Tenant shall have no further option
to extend the Term of the Lease, and the provisions of
Article I of Exhibit F to the Lease are terminated
and of no further force or effect. The Right of First Offer set
forth in Article II of Exhibit F to the Lease
remains in full force and effect, however, and shall remain
exercisable in accordance with its terms during the Extended
Term.
(a) During the remainder of the initial Term of the Lease (
i.e., through August 31, 2008), the provisions of the
Lease relating to Base Rent, Additional Rent, Tenant’s Pro
Rata Share, Tenant’s Monthly Expense and Tax Payment and all
other monetary obligations of Tenant under the Lease shall remain
in full force and effect and are not affected by this Second
Amendment.
