EXHIBIT 10.36
THIRD AMENDMENT OF LEASE
THIS THIRD AMENDMENT OF LEASE (the "Third Amendment") is made this 29th
day of October 2001, by and between HILLCREST INVESTMENT COMPANY, A General
Partnership (hereinafter referred to as "Lessor"), and DIODES INCORPORATED, a
Delaware Corporation, with its principal place of business in California
(hereinafter referred to as "Lessee").
WHEREAS, the parties have heretofore entered into a Standard Industrial
Lease (hereinafter referred to as the "Lease"), dated June 7, 1993, for the
premises consisting of approximately 30,857 square feet of larger approximately
45,262 square foot concrete tilt-up building situated on approximately 2.46
acres of M-2 zoned land, commonly know as 0000 Xxxx Xxxxxxxxx Xxxxx, Xxxxxxxx
Xxxx, Xxxxxxxxxx (the "Premises").
WHEREAS, the parties, by virtue of a First Amendment of Lease, dated
February 15, 1998, extended the term of the Lease for an additional thirty-six
(36) months and made other amendments as further set forth in the First
Amendment of Lease.
WHEREAS, the parties, by virtue of a Second Amendment of Lease, dated
July 21, 1999, extended the terms of the Lease for an additional (36) months and
made other Amendments as further set forth in the Second Amendment of Lease.
.
WHEREAS, the parties are desirous of entering into this Third Amendment
with the primary purpose of further extending the term of the Lease, changing
the base rent charged thereunder, and providing for other matters.
NOW THEREFORE, in consideration of the foregoing and of the mutual
promises contained hereinafter, the parties hereto agree as follows:
I
Paragraph 3.1, of the Lease and Section I of the Second Amendment are
hereby amended to extend the term of the Lease for an additional thirty-six (36)
months (referred to herein as "Year 4", "Year 5", and "Year 6"), beginning
December 15, 2003 and ending December 14, 2006.
II
Paragraph 4.1 of the Lease and Section II of the Second Amendment
regarding the base rent for the Premises are hereby amended to provide for the
base rent of the present term and the extended term of the Lease as follows:
The base rent shall be subject to a 3% increase on December 15,
2001 and on December 15, 2002. There shall be no increases to the base rent for
"Year 4", "Year 5", and "Year 6".
III
Lessor will pay to Lessee within 10 days of Lessee's execution and
delivery to Lessor of this Third Amendment, Sixty Thousand Dollars ($60,000.00)
to be utilized as Lessee sees fit.
IV
See Attached addendum regarding "First Right of Refusal to Purchase".
V
Except as set forth herein, all of the terms and conditions of the
Lease, including all Addendum thereto, and all matters continued in the First
and Second Amendments shall continue in full force and effect. In the event
there is any conflict between this Third Amendment and the Lease, including all
Addendum and the First or Second Amendments, the terms of this Third Amendment
shall control.
Dated: October 29, 2001
"Lessor" "Lessee"
HILLCREST INVESTMENT COMPANY DIODES INCORPORATED
A General Partnership A Delaware Corporation
By /s/ Xxxxxxx X. Xxxxxxx By: /s/ Xxxx X. Xxxxx
Name: Xxxxxxx X. Xxxxxxx Name: Xxxx X. Xxxxx
Title: Managing General Partner Title: CFO
Date: October 29, 2001 Date: October 29, 2001
