EXHIBIT 10.9
AMENDMENT TO FURNITURE AND FIXTURE LEASE
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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
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Definition of Terms
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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
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Amendments to Lease
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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
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Acknowledgment and Ratification
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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
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General Provisions
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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. X. Xxxxxx BY: /s/ Xxxxxx X. Xxxxxxxx
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TITLE: TITLE: President
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