THIRD AMENDMENT TO AGREEMENT OF LEASE
Exhibit 10.28
THIRD AMENDMENT TO AGREEMENT OF LEASE
AGREEMENT made as of the 18th day of January, 2007, by and between COMMERCE PARK
REALTY, LLC, a Connecticut limited liability company having an address at 0 Xxxxxxx Xxxxx, Xxxxxxx,
Xxxxxxxxxxx 00000 (“Lessor”) and ADVANCED TECHNOLOGY MATERIALS, INC., a Delaware corporation having
an address at 0 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxxxxxx 00000 (“Lessee”).
RECITALS
A. Lessee has leased certain land and improvements known as 0 Xxxxxxxx Xxxxx, Xxxxxxx,
Xxxxxxxxxxx (the “Leased Premises"), pursuant to a lease dated December 23, 1994 between Xxxxxx X.
Xxxxxx and Xxxx X. Xxxxxx, d/b/a M&M Realty, as original lessor, and Lessee, as lessee (the
“Original Lease"), as amended by First Amendment To Agreement Of Lease between Lessor and Lessee
dated as of November 22, 2000 (the “First Amendment"), as further amended by Second Amendment To
Agreement Of Lease between Lessor and Lessee dated as of March 24, 2003 (the “Second Amendment";
collectively with the Original Lease and the First Amendment referred to herein as the “Lease”).
B. Lessee has requested that Lessor agree to extend the initial term of the Lease for
eighteen (18) months.
C. As a condition to granting its consent to Lessee’s request, Lessor requires that the
Lease be modified in accordance with the terms of this Agreement.
D. In consideration of the foregoing, and for One Dollar ($1.00) and other valuable
consideration received by each to their satisfaction, Lessor and Lessee hereby agree as follows:
AGREEMENT
1. The initial term of the Lease is hereby extended for a period of eighteen (18)
months, so that it ends on December 31, 2009. All references in the Lease to the “Term” shall mean
the period commencing on the Commencement Date and ending on December 31, 2009. The current annual
Fixed Rent of $485,702.76 shall be payable for the remainder of the Term, as extended hereby.
2. Due to the extension of the Term to December 31, 2009, the First Renewal Term shall
commence on January 1, 2010 and terminate on December 31, 2014, and the parties hereby agree that
the Second Renewal Term shall commence on January 1, 2015 and extend for a period of sixty (60)
months, so that it terminates on December 31, 2019.
3. Except as specifically modified hereby, all of the terms and conditions of the Lease
remain in full force and effect.
4. All capitalized terms used, but not defined herein, shall have the definitions
attributed thereto in the Lease.
5. This Agreement shall be binding upon, and inure to the benefit of, Lessor and Lessee
and their respective successors, heirs and assigns.
6. This Agreement shall be construed in accordance with the laws of the State of
Connecticut.
7. This Agreement may not be changed or modified, in whole or in part, except by written
instrument executed by the party against whom enforcement of such change or modification is sought.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the day and date
first above written.
| LESSOR: COMMERCE PARK REALTY, LLC |
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| By: | Commerce Park Management Company | |||
| Its Manager | ||||
| By: _____________________________ Xxxxxx X. Xxxxxx Its President |
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[SIGNATURES CONTINUED ON FOLLOWING PAGE]
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| LESSEE: ADVANCED TECHNOLOGY MATERIALS, INC. |
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| By: | _______________________________ | |||
| Name: | Xxxxxx X. Xxxxxxx | |||
| Its Vice President and Chief Financial Officer | ||||
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