Re: Sublease dated as of March 30, 2004 (the “Sublease Agreement”) between PayPal, Inc., a Delaware corporation (“Sublandlord”) and Nuasis Corporation, a Delaware corporation (“Original Subtenant”) covering approximately 25,879 rentable square feet of...
Exhibit 99.5
September 18, 2006
VIA FEDERAL EXPRESS
PayPal, Inc.
c/o eBay
0000 Xxxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
Attention: Xxxxx Xxxxxx,
Senior Global Real Estate Manager
c/o eBay
0000 Xxxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
Attention: Xxxxx Xxxxxx,
Senior Global Real Estate Manager
Re: | Sublease dated as of March 30, 2004 (the “Sublease Agreement”) between PayPal, Inc., a Delaware corporation (“Sublandlord”) and Nuasis Corporation, a Delaware corporation (“Original Subtenant”) covering approximately 25,879 rentable square feet of space in the building known as 000 Xxxxxx Xxxxxx in the City of Mountain View, California, as amended and assigned to Intervoice, Inc., a Texas corporation (“Subtenant”) pursuant to that certain Assignment, Assumption and Amendment of Sublease dated as of August 30,2006 (the “Assignment”; the Sublease Agreement, as amended and assigned, the “Sublease”) |
Ladies and Gentlemen:
Reference is hereby made to the Sublease. Defined terms used and not otherwise defined herein shall
have the meanings given such terms in the Sublease. Pursuant to Section 5(c) of the Assignment,
Subtenant hereby notifies Sublandlord of Subtenant’s exercise of its Renewal Option, to extend the
term of the Sublease to expire on June 30, 2012. Accordingly, the Extended Term shall commence on
September 19, 2006, and the Base Rent during the Extended Term shall be the amounts set forth in
Section 5(d)(i) of the Assignment.
Please have an authorized representative of Sublandlord execute this letter in the space provided
below, in order to evidence its acknowledgement of Subtenant’s exercise of the Renewal Option as
set forth herein, and return a fully executed copy of this letter to Subtenant at the following
address: Intervoice, Inc., 00000 Xxxxxxxxx Xxxxxxx, Xxxxxx, Xxxxx 00000, Attention: Xxxx Xxxxxx.
Upon Sublandlord’s execution and delivery of this letter, this letter shall serve as the written
agreement referenced in the next to last sentence of Section 5(c) of the Assignment (it being
understood, however, that pursuant to Section 5(c) of the Assignment, if Sublandlord does not
execute this letter or any other agreement acknowledging Subtenant’s exercise of the Renewal
Option, the Sublease shall nonetheless be extended for the Extended Term as set forth herein and in
the Assignment).
[Signature page follows]
PayPal, Inc.
September 18, 2006
Page 2
September 18, 2006
Page 2
Sincerely, | ||||||
INTERVOICE, INC., a Texas corporation | ||||||
By: | /s/ H. Xxx Xxxxx | |||||
Name: | H. Xxx Xxxxx | |||||
Title: | SVP HR & Real Estate | |||||
By: | /s/ Xxxx Xxxxxx | |||||
Name: | Xxxx Xxxxxx | |||||
Title: | SVP & General Counsel & Secretary |
ACKNOWLEDGED AND AGREED: | ||||
PAYPAL, INC., a Delaware corporation | ||||
By: |
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Name: |
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Title: |
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cc: | VIA FEDERAL EXPRESS: |
PayPal, Inc. 0000 Xxxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxx Xxxxxx, General Counsel |