FIRST AMENDMENT OF LEASE
Exhibit 10.15
Execution Version
This FIRST AMENDMENT OF LEASE (this “Amendment”), dated as of September 8, 2022 (the “Effective Date”), is entered into by and between (a) Ursa Oak Creek LLC, a Wisconsin limited liability company (“Landlord”), whose address for purposes of this Amendment is 000 Xxxxxx Xxxxxxx, Xxxxx, XX 00000 and (b) Ursa Major Corporation, a Wisconsin corporation (“Tenant”), whose address for purposes of this Amendment is 0000 Xxxxx 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxx, XX 00000. Capitalized terms used, but not defined herein, are given the meanings set forth in the Lease.
W I T N E S E T H:
WHEREAS, Landlord and Tenant are parties to that certain Xxxxx, dated as of February 1, 2019 (as amended and restated, the “Lease”), for certain real estate located at 0000 Xxxxx 0xx Xxxxxx, Suites 000 & 000, Xxx Xxxxx, XX 00000 (the “Premises”), for a Term ending on January 31, 2029, subject to the provisions of Article 1 of the Lease; and
WHEREAS, Landlord and Tenant desire to amend the Lease on the terms and conditions contained in this Amendment.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and conditions hereinafter set forth, the parties agree that, effective as of the Effective Date, the Lease is amended as follows:
“(G) Tenant shall pay to Landlord the sum of $3,125.00 (“Offset Payment”) on the first day of each and every calendar month for the time period commencing on October 1, 2022 and ending on the earliest of either (i) September 7, 2027; (ii) the date that the amount owed under that certain Unsecured Promissory Note that is dated as of the date of the First Amendment of Lease and is between EVO Transportation & Energy Services, Inc. and Xxxx and Xxxxxx Xxxxxx is satisfied in full (by payment, forgiveness or otherwise); or (iii) the date this Lease is terminated for any reason other than the Tenant’s breach of any of its obligations under the Lease.”
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IN WITNESS WHEREOF, this Amendment shall be effective as of the day and year first above written.
LANDLORD: |
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URSA OAK CREEK LLC |
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By: |
/s/ Xxxx Xxxxxx |
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Name: Xxxx Xxxxxx |
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Title: Manager |
TENANT: |
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URSA MAJOR CORPORATION |
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By: |
/s/ Xxxxxxxxx Xxxxxxx |
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Name: Xxxxxxxxx Xxxxxxx |
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Title: Chairman of EVO Transportation & Energy Services, Inc. and Authorized Signatory |