Exhibit 10.19.2
AMENDMENT NO. 5
TO SUBLEASE AGREEMENT
THIS AMENDMENT TO SUBLEASE AGREEMENT dated December 11, 1991, as amended
("Sublease") by and between AMERICAN CAST IRON PIPE COMPANY, a Georgia
corporation ("Landlord") and X.X. XXXXXX COMPANY, a Pennsylvania corporation
("Tenant") is made and entered into between Landlord and Tenant on and as of
this the 24th day of April 2007 ("Amendment").
WITNESSETH:
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WHEREAS, Landlord and Tenant desire to further amend the Sublease which has
heretofore been amended by Amendment No. 1 amending Exhibit "A" to the
Sublease;, by Amendment No. 2 providing that the Commencement Date of the
Sublease is April 1, 1992 and extending the term of the Sublease; by Amendment
No. 3 providing for the construction of certain improvement on the "demised
premises" and the payment of Supplemental Rent in connection therewith; and by
Amendment No. 4 extending the term of the Sublease to July 31, 2007; and
WHEREAS, Landlord and Tenant desire to further extend the term of the
Sublease to July 31, 2017.
NOW THEREFORE, in consideration of the premises and the mutual
undertakings, covenants, promises and agreements herein contained and for other
good and valuable consideration, receipt of which is acknowledged, Landlord and
Tenant agree to further amend the Sublease as follows:
1. ARTICLE 1. PREMISES AND TERM. Article 1 (Premises and Term) is
hereby amended by changing and amending the second paragraph
of Article 1 to read in its entirety as follows:
TO HAVE AND TO HOLD the said demised premises, together with
all and singular the improvements thereunto belonging or in
any manner appertaining, unto Tenant for a term commencing on
the Commencement Date set forth in Article 3 hereof, and
continuing thereafter to and including July 31, 2017, subject,
however, to earlier termination as provided elsewhere in this
sublease.
2. Except as otherwise provided herein, all defined terms in the
Sublease are incorporated by reference into this Amendment.
3. Except as amended hereby, all provisions of the Sublease shall
remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed and affixed
their respective seals to this instrument, being duly authorized in the
premises, on the day and year first above written.
LANDLORD:
American Cast Iron Pipe Company,
a Georgia corporation
By: /s/ X. X. X'Xxxxx
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Its: V.P, Sales/Secretary
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TENANT:
X.X. Xxxxxx Company,
a Pennsylvania corporation
By: /s/ Xxxx X. Xxxxxxxxxxx 4/26/07
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Its: President and CEO
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