EXHIBIT 10.23
THIRD AMENDMENT TO LEASE
This THIRD AMENDMENT TO LEASE (hereinafter called "Third
Amendment") is made and entered into as of the 1st day of September, 1999 by and
between EBS BUILDING, L.L.C., a Delaware limited liability company ("Landlord"),
and STIFEL FINANCIAL CORP., a Delaware corporation, and XXXXXX, XXXXXXXX &
COMPANY, INCORPORATED, a Missouri corporation (collectively referred to as
"Tenant").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a certain Standard
Office Lease dated September 30, 1998 for certain premises located in the
building known and numbered as 000 Xxxxxxxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx, which
Standard Office Lease was amended by that certain First Amendment to Lease dated
as of December 1, 1998 and further amended by that certain Second Amendment to
Lease dated as of February 1, 1999 (hereinafter collectively referred to as the
"Lease"); and
WHEREAS, words and phrases having defined meanings in the
Lease shall have the same respective meanings when used herein, unless otherwise
expressly defined herein; and
WHEREAS, Landlord and Tenant desire to amend said Lease as
hereinafter set forth;
NOW, THEREFORE, in consideration of the foregoing and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Section 1.17 of the Lease is hereby
amended by adding a new subsection (b) thereto which shall read as follows:
(b) Notwithstanding the provisions of
Section 1.17(a) above, from and after September 1, 1999, the
aggregate number of parking spaces to which Tenant would
otherwise be entitled under the formula set forth in Section
1.17(a) above shall be reduced by twenty (20) unreserved
parking spaces in the St. Louis Centre Garage. Tenant's
obligation to pay monthly rent under Section 1.18 of the Lease
for such twenty (20) spaces shall terminate on and as of such
day and Tenant shall return the St. Louis Centre Garage
parking access cards, if any, applicable to such spaces to
Landlord by September 15, 1999. By this surrender of twenty
(20) parking spaces in the St. Louis Centre Garage, Tenant
forfeits any present and future right to the exclusive or
nonexclusive use of said 20 parking spaces, which forfeiture
shall be effective for the Term of the Lease, as amended from
time to time.
2. Miscellaneous.
a. This Third Amendment may be executed in one or more
counterparts, each of which shall be deemed an original and all such
counterparts, taken together, shall constitute but one and the same instrument.
Facsimile signatures on any counterpart shall be effective as an original
signature, but the parties hereto agree to deliver to the other original
signatures within thirty (30) days after the date of this Third Amendment.
b. Except as expressly amended and modified hereby, all of the
terms and provisions of this Lease shall remain unchanged and in full force and
effect and are hereby ratified and confirmed.
c. This Third Amendment shall inure to the benefit of the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Landlord and Tenant have respectively
signed this Third Amendment to Indenture of Lease as of the day and year first
written above.
LANDLORD:
EBS BUILDING, L.L.C.
By: PricewaterhouseCoopers LLP, its Manager
By: /s/ XXXXX X. XXXXXX
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Name: Xxxxx X. Xxxxxx
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Title: Partner
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TENANT:
STIFEL FINANCIAL CORP.
By: /s/ XXXXX X. XXXXXXX
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Name: Xxxxx X. Xxxxxxx
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Title: SVP-CFO
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XXXXXX, XXXXXXXX & COMPANY,
INCORPORATED
By: /s/ XXXXX X. XXXXXXX
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Name: Xxxxx X. Xxxxxxx
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Title: SVP-CFO
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