SECOND AMENDMENT TO LEASE
Exhibit 10.27
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this “Amendment”) made as of the 18th day of
January, 2007, by and between XXXXXXX X. XXXXXX, TRUSTEE, AND XXXXXX XXXXXX, XXXXXXX X. XXXXXX AND
XXXXXXX X. XXXXX (AS SUCCESSORS TO XXXX XXXXX and XXXX XXXXX), with an office address c/o M&M
Realty, Commerce Park, X.X. Xxx 000, 0 Xxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (together, the
“Lessor”) and ADVANCED TECHNOLOGY MATERIALS, INC., a corporation organized and existing under the
laws of the State of Delaware with an office address at 0 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx
00000 (the “Lessee”).
RECITALS:
B Lease Agreement dated November 22nd, 2000 as amended by Amendment to Lease dated March
24th, 2003 (the “Lease”), the Landlord leased to Tenant approximately 31,300 square feet in the
building commonly known as 0 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx, which Premises are described in
the Lease as the “Premises”. Under the Lease as amended, the Tenant was granted an Initial Term
ending June 30, 2008, together with Renewal Terms as set forth therein. Tenant has requested an
extension of one year and six months to the Initial Term so that it expires December
31, 2009 and Landlord has agreed to grant the extension. All capitalized terms not defined herein
shall have the meaning set forth in the Lease. Xxxx Xxxxx and Xxxx Xxxxx, who were previously 2 of
the named landlords, are now deceased and their successors are Xxxxxx Xxxxxx, Xxxxxxx X. Xxxxxx
and Xxxxxxx X. Xxxxx.
NOW, THEREFORE, in consideration of the Premises, the parties hereto agree as follows:
1. Term. The Premises shall be leased to Tenant for an Initial Term ending December
31, 2009, which Landlord and Tenant stipulate and agree is the date the Initial Term of the Lease
ends unless the term is extended pursuant to Section 23 of the Lease. The Tenant’s options to
renew pursuant to Section 23 of the Lease shall remain in full force and effect without change
notwithstanding the extension of the Initial Term set forth herein.
2. Fixed Rent. Section 5.1 of the Lease is amended to provide that during the
portion of the Initial Term (as extended by this Agreement) commencing July 1, 2006 and ending
December 31, 2009, the Fixed Rent will be $211,275.45 per annum payable in equal monthly
installments of $17,856.54. Section 5.2 is hereby amended to change the date references from July
1, 2008 to January 1, 2010 and to provide that the Fixed Rent during the first Renewal Term
commencing January 1, 2010 shall be 211,275.00 per annum payable in equal monthly installments of
$17,606.25. Section 5.3 is hereby amended to change the date references from July 1, 2013 to
January 1, 2015 and to provide that the Fixed Rent during the Second Renewal Term shall be
$217,275.00 per annum payable in equal monthly installments of $18,160.70.
3. No Other Amendments. Except as set forth herein, the Lease remains in full
force and effect and otherwise unamended.
IN WITNESS WHEREOF, the Landlord and Tenant have executed and delivered this Amendment to
Lease of the day near first above written.
Signed, sealed and delivered |
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in the presence of:
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LESSOR: | |
| XXXXXXX X. XXXXXX, TRUSTEE | ||
| XXXXXX XXXXXX | ||
| XXXXXXX X. XXXXXX | ||
| XXXXXXX X. XXXXX | ||
| LESSEE: ADVANCED TECHNOLOGY MATERIALS, INC., |
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| By: Xxxxxx X. Xxxxxxx | ||
| Its Vice President & Chief Financial Officer | ||
