SECOND AMENDMENT OF LEASE
This Second Amendment of Lease made as of the 22 day
of April, 2003 by and among FORSGATE INDUSTRIAL COMPLEX, a
limited partnership, with offices at 000 Xxxxxxxxx Xxxx,
Xxxxxxxxx, Xxx Xxxxxx 00000 (hereinafter called "Landlord"),
XXXX PHILIPPE FRAGRANCES, LLC, a New York limited liability
company having its principal office at 000 Xxxxx Xxxxxx, Xxx
Xxxx, Xxx Xxxx 00000 (hereinafter called "Tenant") and Inter
Parfums, Inc., (hereinafter called "Guarantor"), a Delaware
corporation and parent of Tenant, its wholly-owned subsidiary,
with its principal office at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx
Xxxx 00000.
WITNESSETH
WHEREAS, Guarantor, as the original tenant and formerly
known as Xxxx Philippe Fragrances, Inc., and Landlord, entered
into a Lease dated July 10, 1995 for premises commonly known as
00 Xxxxxx Xxxx in the Township of South Brunswick, County of
Middlesex, State of New Jersey (the "Original Lease");
WHEREAS, Tenant, Guarantor and Landlord entered into a
letter agreement dated June 30, 1999 (the "First Amendment"),
whereby Guarantor assigned the Original Lease to Tenant,
Guarantor guaranteed the obligations of Tenant, and Landlord
consented to such assignment (and the Original Lease and the
First Amendment are collectively referred to as the "Lease");
WHEREAS, Landlord and Tenant have agreed to renew the Lease
for a period of seven (7) years at the same rent as the Original
Lease; and
WHEREAS, Tenant and Landlord have agreed to amend the Lease
for the purpose of extending the term of the Lease to October
31, 2010;
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. The rental shall be $684,000.00 per annum or $57,000.00
per month and the term of the Lease is hereby extended to
October 31, 2010.
2. Except as modified herein, all of the provisions of the
Lease shall remain in full force and effect.
3. Guarantor hereby consents to this Amendment, and hereby
unconditionally guarantees to the Landlord, the due performance
of any and all obligations of Tenant under the Lease, including
but not limited to, any and all payments due to the Landlord,
past, present and future, under the Lease as amended hereby,
together with all future, assignments, renewals, extensions and
amendments thereof, if any.
IN WITNESS WHEREOF, the parties have set their hands and
seals and caused these presents to be signed by their proper
corporate officer and their proper corporate seal to be hereto
affixed the day and year first above written
WITNESS: FORSGATE INDUSTRIAL COMPLEX
/s/ [unintelligible] By: /s/ Xxxxxxx Xxxxxxxx
Xxxxxxx Xxxxxxxx, General
Partner
s/ [unintelligible] By: /s/ Xxxxxxx Xxxxxx
Xxxxxxx Xxxxxx, General
Partner
ATTEST: XXXX PHILIPPE FRAGRANCES, LLC
By: Inter Parfums, Inc., Sole
Member
/s/ Xxxxxxxx Xxxxxx By: /s/ Xxxxxxx Xxxxxxxxx
Name: Xxxxxxx Xxxxxxxxx
Title: Executive Vice President
ATTEST: INTER PARFUMS, INC.
/s/ Xxxxxxxx Xxxxxx By: /s/ Xxxxxxx Xxxxxxxxx
Name: Xxxxxxx Xxxxxxxxx
Title: Executive Vice President
STATE OF NEW JERSEY )
) SS:
County of Bergen )
BE IT REMEMBERED, that on this 24 day of April, 2003,
before me, the subscriber, personally appeared XXXXXXX XXXXXXXX
and XXXXXXX XXXXXX, who I am satisfied, are the persons named in
and who executed the within instrument, and thereupon they
acknowledged that they signed sealed and delivered the same as
their act and deed, and the act and deed of the said FORSGATE
INDUSTRIAL COMPLEX, a partnership, for the uses and purposes
therein expressed.
/s/ Xxxxxx Xxxxxx
Xxxxxx Xxxxxx
Notary Public of New
Jersey
My commission expires
Jan. 6, 0000
XXXXX XX XXX XXXX )
) SS:
COUNTY OF NEW YORK )
BE IT REMEMBERED, that on this 22nd day of April,
2003, before me, the subscribed, personally appeared XXXXXXX
XXXXXXXXX, who I am satisfied is the person who signed the
within instrument as Executive Vice President of Inter Parfums,
Inc., the corporation named herein and he/she thereupon
acknowledged that the said instrument made by the corporation
and sealed with its corporate seal, was signed, sealed with the
corporate seal and delivered by him/her as such officer and is
the voluntary act and deed of the corporation, made by virtue of
authority from its Board of Directors.
/s/ Xxxxxxx Xxxxxxx
Xxxxxxx Xxxxxxx
Notary Public State of
New York
No. 01JA6032210
Qualified Queens County
Commission expires Oct.
18, 2005
Certificate Filed New
York County
771890_1.DOC
Exhibit 10.94
