FIRST AMENDMENT TO INDUSTRIAL LEASE
Exhibit 10.16
FIRST AMENDMENT TO INDUSTRIAL LEASE
This First Amendment to Industrial Lease (this “first Amendment”) is made and entered
into by and between Verde 9580 Xxx Xxxxxxxxx, LP, a Texas limited partnership (“Landlord”)
and Viasystems Technologies Corp., LLC (“Tenant”), effective as of the date this First Amendment
is executed by Landlord as shown on the signature page hereto (the “Effective Date).
WITNESSETH:
WHEREAS, Landlord and Tenant are parties to that certain Industrial Lease dated April 16,
2008 (the “Lease”), pursuant to which Tenant leases from Landlord a 29,136 square foot
portion (the “Premises”) of the building known as 0000 Xxx Xxxxxxxxx, Xx Xxxx, Xxxxx.
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease and to modify certain
terms and provisions of the Lease.
NOW, THEREFORE, pursuant to the foregoing, and in consideration of the mutual covenants and
agreements contained in the Lease and herein, the Lease, effective as of the Effective Date, is
hereby modified and amended as set out below:
1. Definitions. All capitalized terms used herein shall have the same meaning as defined
in the Lease, unless otherwise defined in this First Amendment.
2. Commencement Date. The Commencement Date is June 1, 2008.
3. Condition of the Premises. As of the Effective Date, Tenant is in possession of the
Premises, and hereby accepts the Premises in its “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS” condition, and
Tenant acknowledges that Landlord shall have no obligation to refurbish or otherwise improve the
Premises during the First Extension Term.
4. Broker. Tenant warrants that it has had no dealings with any broker or agent in
connection with the negotiation or execution of this First Amendment other than Xxxx X. Xxxxx, XX, d/b/a Xxxxx
Xxxxx Associates, LLC, and Tenant agrees to indemnify Landlord and hold Landlord harmless from and
against any and all costs, expenses or liability for commissions or other compensations or charges claimed
by any other broker or agent with respect to this First Amendment.
5. Provisions Control. With the exception of those terms and conditions specifically
modified and amended herein, the herein referenced Lease shall remain in full force and effect in accordance
with all its terms and conditions. In the event of any conflict between the terms and provisions of this
First Amendment and the terms and provisions of the Lease, the terms and provisions of this First
Amendment shall supersede and control.
6. Counterparts. This First Amendment may be executed in any number of counterparts, each
of which shall be deemed an original, and all of such counterparts shall constitute one agreement.
To facilitate execution of this First Amendment, the parties may execute counterparts of this First
Amendment and exchange such counterparts via e-mail or telefax, and such counterparts shall serve
as originals.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Industrial Lease on
the respective dates set forth below, to be effective for all purposes, however, as of the
Effective Date.
LANDLORD: VERDE 9580 XXX XXXXXXXXX LP, a Texas limited partnership |
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By: | Verde Real Estate Investment GP, LLC a Delaware limited liability company, its general partner | |||
By: | /s/ Xxxxxx X. Xxx | |||
Name: | Xxxxxx X. Xxx | |||
Title: | Vice President | |||
Date: | 12/8/08 | |||
TENANT: VIASYSTEMS TECHNOLOGIES CORP., LLC |
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By: | /s/ Xxxxxx X. Xxxxx | |||
Name: | Xxxxxx X. Xxxxx | |||
Title: | V. P and General Counsel | |||
Date: | 12/1/08 | |||
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