AMENDMENT TO FURNITURE AND FIXTURE LEASE
THIS AMENDMENT TO THAT CERTAIN FURNITURE AND FIXTURE LEASE (the
"Amendment") is made and entered into as of the 14th day of April, 2000, by and
between Xxxxxx Construction, Inc., a Missouri corporation ("Lessee"), and
Investors Property Holding I, LLC, a Missouri limited liability company
("Lessor").
PREMISES:
The parties entered into a Furniture and Fixture Lease dated January 1,
1999, (the "Lease") in connection with Lessee's lease of the Premises situated
at 00000 Xxxxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxxxxx.
ThermoView Industries, Inc., a Delaware corporation ("ThermoView"), the
owner of Lessee, has requested Xxxxxx X. Xxxxxx (the "Shareholder"), an
affiliate of Lessor, to exchange certain amounts owed to the Shareholder by
ThermoView for 1,113,500 shares of the ThermoView's 12% Cumulative Series D
Preferred Stock, and the Shareholder has requested that as part of the
consideration for such exchange Lessee and Lessor agree to amend the Lease, but
only to the extent, and subject to the terms and conditions set forth in this
Amendment.
NOW, THEREFORE, in consideration of the foregoing premises and the
mutual covenants and agreements contained herein and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereto agree as follows:
ARTICLE 1
DEFINITION OF TERMS
Terms used herein with their initial letters capitalized and not
otherwise defined herein shall have the meanings given to such terms in the
Lease.
ARTICLE 2
AMENDMENTS TO LEASE
The Lease is hereby amended in the following respects:
2.1 ADDITION TO SECTION 2. A new Section 2.D. is hereby
added at the end of Section 2 of the Lease, which Section 2.D shall provide in
its entirety as follows:
"D. Notwithstanding anything in this Lease to the contrary, until
such time as ThermoView Industries, Inc., a Delaware corporation
("ThermoView") has redeemed all
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of the 1,113,500 shares of ThermoView's 12% Cumulative Series D
Preferred Stock issued to Xxxxxx X. Xxxxxx (the "Shareholder") pursuant
to an Agreement dated April 14, 2000, by and between ThermoView and the
Shareholder (the "Shareholder's Series D Stock"), Lessor shall have the
right and power to terminate this Lease by delivering a written notice
to Lessee specifying a termination date at the end of the month
following the month in which such notice was delivered, and upon
Lessee's receipt of such notice the term of this Lease shall be deemed
to have expired on such termination date."
ARTICLE 3
ACKNOWLEDGMENT AND RATIFICATION
3.1 RATIFICATION. Except as expressly amended by this
Amendment, the Lease is and shall be unchanged, and all of the terms,
provisions, covenants and agreements thereof or thereto shall remain
and continue in full force and effect, and are hereby ratified,
reaffirmed and confirmed by Lessee and Lessor in all respects on and as
of the effective date of this Amendment.
ARTICLE 4
GENERAL PROVISIONS
4.1 GOVERNING LAW. The laws of the State of Missouri
shall govern the construction of this Amendment and the rights and
remedies and duties of the parties hereto.
4.2 SECTION HEADINGS. The section headings contained
in this Amendment have been inserted solely for convenience of
reference, and shall not be construed as part of this Amendment.
4.3 COUNTERPARTS. This Amendment may be signed by each party
hereto upon a separate copy, in which event all of said copies shall
constitute a single counterpart to this Amendment. This Amendment may
be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute
but one and the same instrument. It shall not be necessary, in making
proof of this Amendment, to produce or account for more than one such
counterpart.
IN TESTIMONY WHEREOF, the Lessee has caused its duly
authorized representative to execute and deliver, and the Lessor has
executed and delivered, this Amendment, effective as of the day and
year first above written.
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Investors Property Holding I, LLC Xxxxxx Construction, Inc.
BY: /s/ Xxxxxx X. Xxxxxx BY: /s/ Xxxxxx X. Xxxxxxxx
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TITLE: Member TITLE: President
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