Common use of Consent to Sublease Clause in Contracts

Consent to Sublease. In accordance with the provisions of Section 18 of that certain lease agreement dated April 28, 2004 (the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned hereby consents to the sublease agreement (the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. Provided, however, this consent shall not be deemed in any way to modify or amend any of the terms or provisions of the Lease, it being the intent and understanding of Landlord in executing this consent that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, in accordance with the provisions of Section 18 of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities of the “Tenant” under the Lease. Further, this consent by Landlord shall not be deemed to be a waiver by Landlord of its right to approve any other subletting or assignment, as set forth in the Lease. LANDLORD: GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President The undersigned, GLB 3, L.L.C., Lessor under the Lease, hereby consents to the foregoing Sublease to be effective upon the execution of said instrument by Xxxxxxx & Xxxxxxx Group North America, Inc., lessee under the Lease, and by the above-named Sublessee. GLB 3, L.L.C., a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8

Consent to Sublease. In accordance with the provisions of Section 18 of that certain lease agreement dated April 28, 2004 (the “Lease”) between the undersigned, as “Landlord”, and Xxxxxxx & Xxxxxxx Group North America, Inc., as “Tenant”, the undersigned hereby Landlord consents to the sublease agreement (subleasing by Tenant to Subtenant of the “Sublease”) between Tenant, as “Sublessor”, and Aegerion Pharmaceuticals, Inc., as “Sublessee”, dated June 6, 2006. ProvidedSubleased Premises; provided, however, this that: (a) such consent shall does not: (i) relieve, release or discharge Tenant of any obligation to be paid or performed by Tenant under the Lease, including, without limitation, the payment of rent and other amounts when due under the Lease, whether occurring before or after such consent or the date of the Sublease, and Tenant will not be deemed in released from any way liability under the Lease because of Landlord’s failure to modify give notice of default by Subtenant under or amend with respect to any of the terms or provisions of the Lease, it being but rather Tenant and, with respect to the intent Subleased Premises (except as expressly set forth in the Sublease with respect to the amount of rent or security deposit payable), Subtenant shall be jointly and understanding severally primarily liable for such payment and performance; (ii) constitute consent by Landlord to, approval or ratification by Landlord of, or agreement by Landlord with, any particular provision of the Sublease or a representation or warranty by Landlord with respect to the Sublease, and Landlord shall not in any respect or for any purpose be bound or estopped by the Sublease; or (iii) constitute a consent to any change, alteration, addition, improvement or repair to the Subleased Premises, including the installation of signage, which must be separately obtained from Landlord by Tenant in accordance with Paragraphs 9.2 or 19.2 (as the case may be) of the Lease; (b) Subtenant may not further sublease the Subleased Premises, allow the Subleased Premises to be used by others or assign, transfer, mortgage, encumber, pledge or hypothecate the Sublease or Subtenant’s interest in the Sublease, in whole or in part, without the prior written consent of Landlord in executing this each instance, which consent that the Sublease is, and shall be, subject and subordinate in all respects to the Lease, and that in the event of any conflict between the terms and conditions of the Lease and the terms and conditions of the Sublease, the terms and conditions of the Lease shall control as between Landlord and Tenant. Further, and notwithstanding any structuring of obligations and responsibilities between Tenant and Sublessee pursuant to the terms of the Sublease, may be withheld in accordance with the provisions of Section 18 the Lease relating to assignment and subleasing of the Lease; this consent is not, and shall not be deemed or construed as, a consent to any future or other sublease, assignment or transfer, or a consent to a sublease term beyond the term of the Lease, Tenant remains fully liable for the performance of all applicable obligations and responsibilities or a renewal or extension of the “Lease or the Sublease; (c) such consent shall not be deemed or construed to be an assignment or partial assignment of the Lease, or, except to the extent expressly provided by this Agreement, if at all, to create any privity of contract between Landlord and Subtenant with respect to the Lease; (d) such consent shall not be deemed or construed to modify, amend, waive or affect any term, condition or other provision of the Lease, waive any breach of the Lease or any of the rights or remedies of Landlord, enlarge or increase Landlord’s obligations or Tenant” ’s rights under the Lease. Further, grant to Subtenant rights that are greater than those granted to Tenant under the Lease, or waive or affect Tenant’s obligations under the Lease, which shall continue to apply to the Premises and the occupants of the Premises as if the Sublease had not been made, with the Sublease remaining in all respects subject and subordinate to the Lease, as the same may be amended; if any conflict exists between the Lease or this Agreement and the Sublease (except, as to Subtenant, as expressly set forth in the Sublease with respect to the amount of rent or security deposit payable), then the Lease or this Agreement, as applicable, shall control and prevail; (e) notwithstanding any provision of the Sublease to the contrary, Subtenant shall have no right to enforce any of Tenant’s rights under the Lease directly against Landlord, all of such rights being personal to Tenant; (f) Tenant and Subtenant shall not amend the Sublease in any respect without the prior written approval of Landlord, and in no event shall any such amendment, whether or not approved by Landlord, affect or modify or be deemed to affect or modify the Lease in any respect; (g) for the benefit of Landlord, Subtenant agrees that Subtenant will be fully and completely bound by each and every term of the Lease relating to Subtenant’s occupancy and use of the Subleased Premises, and, except as expressly set forth in the Sublease with respect to the amount of rent or security deposit payable, Subtenant expressly assumes and agrees to perform and comply with every obligation of Tenant under the Lease as to the Subleased Premises, as if Subtenant was the tenant under the Lease with respect to the Subleased Premises, including, without limitation, Tenant’s obligation to indemnify Landlord in accordance with Paragraph 11.1 of the Lease and deliver financial statements in accordance with Paragraph 18.2 of the Lease; Subtenant acknowledges that Subtenant has examined and is familiar with all of the provisions of the Lease; (h) Tenant shall be liable to Landlord for any default under the Lease, whether such default is caused by either or both Tenant and Subtenant or anyone claiming by, through or under either Tenant or Subtenant; subject to the notice and cure provisions given to Tenant and set forth in Paragraph 16.1 of the Lease, Landlord may proceed directly against Tenant without first exhausting Landlord’s remedies against Subtenant, Landlord may proceed directly against Subtenant without first exhausting Landlord’s remedies against Tenant, or Landlord may proceed directly against Tenant and Subtenant simultaneously; therefore, such consent by Landlord shall not be deemed to be a waiver by restrict or diminish any right that Landlord may have against Tenant or Subtenant pursuant to the Lease, or at law or in equity for violation of its the Lease or otherwise, including, without limitation, the right to approve enjoin or otherwise restrain any other subletting violation of the Lease by Subtenant, and Landlord may at any time enforce the Lease against either or assignment, as both Tenant and Subtenant; any breach of the Lease by either Tenant or Subtenant will entitle Landlord to avail itself of any remedy set forth in the Lease. LANDLORD: GLB 3Lease in the event of such breach, L.L.C.as well as any other remedy available at law to Landlord; (i) notwithstanding anything to the contrary contained in this Agreement, Landlord shall not be liable at any time for any cost or obligation of any kind arising in connection with the Sublease, including, without limitation, any failure of Tenant or Subtenant to perform any of their respective obligations under the Sublease, brokerage commissions or other charges or expenses, improvements to the Subleased Premises, or security required to be given by Subtenant under the Sublease; Tenant and Subtenant jointly and severally agree to indemnify, protect, defend and hold harmless Landlord from all claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) that Landlord may incur as a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporatedresult of any claim to pay any person any commission, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Its Executive Vice President The undersigned, GLB 3, L.L.C., Lessor under finder’s fee or other charge in connection with the Sublease; (j) to the extent that any provisions of the Sublease are contrary to the provisions of the Lease, hereby consents such Sublease provisions are deemed revoked as to Landlord, and Tenant and Subtenant shall fully perform all provisions of the Lease; without limiting the generality of the foregoing, and notwithstanding anything to the foregoing contrary contained in the Sublease: (i) nothing in the Sublease shall expand the liability or obligations of Landlord, whether to be effective upon Tenant, Subtenant or any other party, and Landlord withholds consent to anything in the execution Sublease that does expand or purports to expand the liability or obligations of said instrument by Xxxxxxx & Xxxxxxx Group North AmericaLandlord; and (ii) Subtenant shall have no right to expand or relocate the Subleased Premises beyond the Premises, Inc.to extend or renew the term of the Sublease beyond the initial term of the Lease or to exercise any option to terminate, lessee right of first offer or right of first refusal, regardless of whether Tenant may have any such right under the Lease, and by Subtenant shall have no right to exercise Tenant’s rights thereunder; Subtenant’s sole remedy for any alleged or actual breach of its rights in connection with the above-named Sublessee. GLB 3Subleased Premises shall be solely and exclusively against Tenant; and (k) pursuant and subject to Paragraph 10.3 of the Lease, L.L.C.concurrently with the execution and delivery of this Agreement, a New Jersey limited liability partnership By: Glenborough Realty Trust Incorporated, a Maryland corporation, Its Manager By: /s/ [ILLEGIBLE] Date: June 6, 2006 1. LEASE OF PREMISES 1 2. DEFINITIONS 1 2.1 ANNUAL BASE RENT: 1 2.2 BASE YEAR 1 2.3 COMMENCEMENT DATE 1 2.4 COMMON AREA 1 2.5 EXPIRATION DATE 1 2.6 LANDLORD’S ADDRESS FOR NOTICE 2 2.7 LISTING AND LEASING AGENT(S) 2 2.8 MONTHLY INSTALLMENTS OF BASE RENT 2 2.9 NOTICE 2 2.10 PARKING 2 2.11 PREMISES 2 2.12 PROJECT 2 2.13 LAND 3 2.14 PARK 3 2.15 RENTABLE AREA 3 2.16 SECURITY DEPOSIT (Section 8Tenant shall pay to Landlord all of Landlord’s reasonable and customary attorneys’ fees and costs incurred in connection with the Sublease and this Agreement.) 3 2.17 STATE 3 2.18 TENANT’S PROPORTIONATE SHARE 3 2.19 TENANT’S USE (Section 9.) 3 2.20 TERM 3 3. EXHIBITS AND ADDENDA 3 4. DELIVERY OF POSSESSION 4 5. INTENDED USE OF THE PREMISES 5 6. RENT 5 6.1 Payment of Rent 5 6.2 [Intentionally Deleted] 5 6.3 Determination and Payment of Tax Costs and Operating Expenses 8