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EXHIBIT 10.4
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SIXTH AMENDMENT TO LEASE
This Sixth Amendment to Lease is entered into by and between Xxxxxxx River
Building Limited Partnership, a Delaware limited partnership (the "Landlord")
and Hybridon, Inc., a Delaware corporation (the "Tenant") as of April __, 1997.
Reference is hereby made to that certain Lease between Landlord and Tenant
dated February 4, 1994, as amended by a First Amendment to Lease dated as of
November 30, 1995, a Second Amendment to Lease dated as of February 23, 1996, a
Third Amendment to Lease dated as of February 28, 1996, a Fourth Amendment to
Lease dated July 25, 1996 and a Fifth Amendment to Lease dated Xxxxx 00, 0000
(xx affected by this Fifth Amendment to Lease, the "Lease").
WHEREAS, the Tenant has elected to exercise the Equity Investment Option (as
defined in the Lease); and
WHEREAS, Landlord and Tenant have agreed that the Building (as defined in
the Lease) contains 91,500 rentable square feet; and
WHEREAS, Landlord and Tenant have agreed to extend the initial Term (as
defined in the Lease) for an additional five years; and
WHEREAS, Landlord and Tenant have agreed that the Commencement Date (as
defined in the Lease) was February 1, 1997;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree
as of the date hereof that the Lease is amended as follows:
1. The recitals set forth above are hereby incorporated herein.
2. Capitalized terms used herein and not otherwise defined shall have the
meanings ascribed thereto in the Lease.
3. The definitions set forth in Section 1.1 of the Lease for the term set
forth below are hereby deleted and replaced with the following:
Term: Fifteen (15) years, commencing on the
Commencement Date, with three (3) five (5) year
options to extend, as set forth in Section 2.3
Annual Fixed Rent Rate: During the original Term, for the five years
commencing on the Commencement Date,
Thirty-Seven and 79/100 Dollars ($37.79) per
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annum per rentable square foot of the Building;
for the next five years commencing on the fifth
anniversary of the Commencement Date, Forty-Two
and 73/100 Dollars ($42.73) per annum per
rentable square foot of the Building; for the
next five years commencing on the tenth
anniversary of the Commencement Date,
Forty-Seven and 00/100 Dollars ($47.00) per
annum per rentable square foot of the Building;
the Annual Fixed Rent Rate during each
extension Term under this Lease shall be that
described in Section 2.3. The parties hereby
agree that the Building contains 91,500
rentable square feet. The parties further agree
that the foregoing Annual Fixed Rent Rate
refects the adjustment required under the Lease
pursuant to the election by the Tenant of the
Equity Investment Option and that, therefore,
no further adjustment with respect thereto
shall be required.
Commencement Date: February 1, 1997
4. To the extent not amended hereby, the Lease is hereby ratified and
confirmed.
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EXECUTED as a sealed instrument as of the date first above written.
Landlord:
XXXXXXX RIVER BUILDING LIMITED PARTNERSHIP, a
Delaware limited partnership
By: Pillar Development and Management, Inc., a
Delaware corporation
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title: General Partner, Pillar
Development and Management Inc.
Tenant:
HYBRIDON, INC., a Delaware corporation
By: /s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxx
Title: Chief Financial Officer
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