Exhibit 10.43
First Amendment to Severed, Amended and Restated Master Lease
Agreement No. 2, effective as of the 2 day of March, 2004 (this "AMENDMENT"),
between Americold Realty Trust, a Maryland real estate investment trust, as
landlord ("LANDLORD"), and Americold Logistics, LLC, a Delaware limited
liability company, as tenant ("TENANT").
W I T N E S E T H:
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WHEREAS, Landlord and Tenant are parties to that certain Severed,
Amended and Restated Master Lease Agreement No. 1, dated as of February 5, 2004
(the "Master Lease");
WHEREAS, Landlord and Tenant wish to amend the Master Lease (as set
forth more fully below) in order to expand the maturity of the current rent
deferral period.
NOW, THEREFORE, for TEN DOLLARS and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree as follows:
1. DEFINITIONS. All capitalized terms used but not defined herein
shall have the meanings given such terms in the Master Lease.
2. RENT. The paragraph in Section 3.1(a) of the Lease beginning with
the phrase "Notwithstanding the foregoing, for each Lease Year through the Lease
Year expiring December 31, 2004, to the extent that Available Cash is less than
the amount of Minimum Rent and Percentage Rent," through (and including) the
sentence "Tenant's failure to pay to Landlord on or prior to December 31, 2004
any amounts of Minimum Rent and/or Percentage Rent deferred by Tenant pursuant
to the foregoing provisions shall be an Event of Default hereunder." is hereby
amended by replacing every instance of the year "2004" with the year "2005".
3. AUTHORITY. Each party hereto represents and warrants that this
Amendment has been duly authorized, executed and delivered on behalf of such
party.
4. MISCELLANEOUS.
(a) The Master Lease is in full force and effect and,
except as set forth herein, unmodified.
(b) This Amendment may be executed in any number of
counterparts, each of which where so executed and delivered shall be
an original, but all of which shall constitute one and the same
instrument.
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Exhibit 10.43
(c) In all respects, except to the extent that the
context otherwise requires, references to "this Lease" (and words of
similar import) in the Master Lease prior to its amendment hereby
shall be deemed to refer to the Master Lease as amended hereby and
as the same may hereafter be amended.
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Exhibit 10.43
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be duly executed by their duly authorized representatives effective as of the
day and year first above written.
LANDLORD:
AMERICOLD REALTY TRUST, a Maryland real
estate investment trust
By: /s/ XXXXXX XXXXXX
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Name: Xxxxxx Xxxxxx
Title: Vice President
TENANT:
AMERICOLD LOGISTICS, LLC, a Delaware limited
liability company
By: /s/ XXXXXX XXXXXX
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Name: Xxxxxx Xxxxxx
Title: Vice President
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