1
Exhibit 10.16
First Amendment to Lease Agreement
Change of Commencement Date
Page 1 of 2
Lease dated November 23, 1994, between
Applied Signal Technology, Inc.
a California corporation
("Tenant"),
and
Sunnyvale Business Park,
a California Limited Partnership
("Landlord")
This First Amendment to Lease Agreement (the "Amendment") is made as of
November 20, 1995, by and between Sunnyvale Business Park, a California Limited
Partnership ("Landlord"), and Applied Signal Technology, Inc., a California
corporation ("Tenant"), with reference to the following facts.
RECITALS
WHEREAS, Landlord and Tenant have entered into that certain Lease Agreement
dated November 23, 1994 (the "Lease"), for the leasing of certain premises
located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Premises");
and
WHEREAS, Landlord and Tenant wish to amend the Commencement Date of the Lease
and certain other matters with respect to the Lease, all on the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. Recitals: Landlord and Tenant agree that the above recitals are true
and correct.
2. Premises Address: The premises address has been designated as and shall
be known as ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
3. Term: The Commencement Date of the Lease shall be November 13, 1995;
and the last day of the initial term of the Lease (the "Expiration
Date") shall be March 13, 2012.
4. Base Rent: The dates on which the Base Rent will be adjusted and the
amount of monthly Base Rent to be charged are:
for the period 11/13/1995 to 3/13/1998 the monthly Base Rent shall be
$49,300.00;
for the period 3/14/1998 to 3/13/2001 the monthly Base Rent shall be
$50,460.00;
for the period 3/14/2001 to 3/13/2004 the monthly Base Rent shall be
$54,520.00;
for the period 3/14/2004 to 3/13/2007 the monthly Base Rent shall be
$56,840.00;
for the period 3/14/2007 to 9/13/2009 the monthly Base Rent shall be
$58,000.00; and
for the period 9/14/2009 to 3/13/2012 the monthly Base Rent shall be
$59,160.00.
5. Effect of Amendment: Except as modified herein, the terms and conditions
of the Lease shall remain unmodified and continue in full force and
effect. In the event of any conflict between the terms and conditions of
the Lease, the terms and conditions of this Amendment shall prevail. The
terms and provisions of the Lease are hereby incorporated in this
Amendment.
6. Definitions: Unless otherwise defined in this Amendment, all capitalized
terms not defined in this Amendment shall have the meaning set forth in
the Lease.
2
FIRST AMENDMENT TO LEASE AGREEMENT
CHANGE OF COMMENCEMENT DATE
PAGE 2 OF 2
7. Authority: Subject to the provisions of the Lease, this Amendment shall be
binding upon and inure to the benefit of the parties hereto, their respective
heirs, legal representatives, successors and assigns. Each party hereto and
the persons signing below warrant that the person signing below on such
party's behalf is authorized to do so and to bind such party to the terms of
this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first above written.
TENANT:
APPLIED SIGNAL TECHNOLOGY, INC.
A CALIFORNIA CORPORATION
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------
Its: President
-------------------
Date: 1 March 1996
LANDLORD:
SUNNYVALE BUSINESS PARK,
A CALIFORNIA LIMITED PARTNERSHIP
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ASSOCIATES LIMITED PARTNERSHIP,
a California limited partnership
By: Lincoln Property Company Management Services, Inc.,
As Agent for Owner
By: /s/ [illegible]
------------------------
Vice President
Date:
--------------
By: PATRICIAN ASSOCIATES, INC.,
a California corporation
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
------------------------
▇▇▇▇ ▇. ▇▇▇▇▇
Assistant Director
Commercial Real Estate Equities
By: ------------------------
Date:
------------------------
3
SECOND AMENDMENT TO LEASE AGREEMENT
CHANGE OF COMMENCEMENT DATE
Page 1 of 2
Lease dated November 23, 1994, between
Applied Signal Technology, Inc.
a California corporation
("Tenant"),
and
Sunnyvale Business Park,
a California Limited Partnership
("Landlord")
This First Amendment to Lease Agreement (the "Amendment") is made as of
November 20, 1995, by and between Sunnyvale Business Park, a California Limited
Partnership ("Landlord"), and Applied Signal Technology, Inc., a California
corporation ("Tenant"), with reference to the following facts.
RECITALS
WHEREAS, Landlord and Tenant have entered into that certain Lease Agreement
dated November 23, 1994 (the "Lease"), for the leasing of certain premises
located at 115, 160, 175, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the
"Premises"); and
WHEREAS, Landlord and Tenant wish to amend the Commencement Date of the Lease
and certain other matters with respect to the Lease, all on the terms and
conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. Recitals. Landlord and Tenant agree that the above recitals are true and
correct.
2. Premises Address: The premises address has been designated as and shall be
changed to the following:
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ is now known as ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇.
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ is now known as ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇.
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ is now known as ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇.
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ is now known as ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇.
3. Term: The Commencement Date of the Lease shall be November 2, 1996; and the
last day of the initial term of the Lease (the "Expiration Date") shall be
modified and extended to March 13, 2012.
4. Base Rent: The dates on which the Base Rent will be adjusted and the amount
of monthly Base Rent to be charged for the premises are:
for the period 11/2/1996 to 11/1/1997 the monthly Base Rent shall be
$158,017.86;
for the period 11/2/1997 to 11/1/2000 the monthly Base Rent shall be
$166,121.34;
for the period 11/2/2000 to 11/1/2003 the monthly Base Rent shall be
$168,147.21;
for the period 11/2/2003 to 11/1/2006 the monthly Base Rent shall be
$178,276.56;
for the period 11/2/2006 to 5/1/2009 the monthly Base Rent shall be
$182,328.30; and
for the period 5/2/2009 to 3/13/2012 the monthly Base Rent shall be
$188,405.91.
5. Effect of Amendment: Except as modified herein, the terms and conditions of
the Lease shall remain unmodified and continue in full force and effect. In
the event of any conflict between the terms and conditions of the Lease,
the terms and conditions of this Amendment shall prevail. The terms and
provisions of the Lease are hereby incorporated in this Amendment.
6. Definitions: Unless otherwise defined in this Amendment, all capitalized
terms not defined in this Amendment shall have the meaning set forth in the
Lease.
4
SECOND AMENDMENT TO LEASE AGREEMENT
CHANGE OF COMMENCEMENT DATE
PAGE 2 OF 2
7. Authority: Subject to the provisions of the Lease, this Amendment shall be
binding upon and inure to the benefit of the parties hereto, their
respective heirs, legal representatives, successors and assigns. Each party
hereto and the persons signing below warrant that the person signing below
on such party's behalf is authorized to do so and to bind such party to the
terms of this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first above written.
TENANT:
APPLIED SIGNAL TECHNOLOGY, INC.
A CALIFORNIA CORPORATION
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------
Its: President
-------------------
Date: 1 March 1996
------------
LANDLORD:
SUNNYVALE BUSINESS PARK
A CALIFORNIA LIMITED PARTNERSHIP
By: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ASSOCIATES LIMITED PARTNERSHIP,
a California limited partnership
By: Lincoln Property Company Management Services, Inc.,
As Agent for Owner
By: /s/ Illegible
-------------------------------------------
Vice President
Date:
----------------
By: PATRICIAN ASSOCIATES, INC.,
a California corporation
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇
-------------------------------------------
▇▇▇▇ ▇. ▇▇▇▇▇
Assistant Director
Commercial Real Estate Equities
Date:
----------------