AMENDMENT NO. 3. TO LEASE AGREEMENT BY AND BETWEEN DESTA FIVE PARTNERSHIP, LTD., AS LANDLORD, AND CIRRUS LOGIC, INC. AS TENANT
Exhibit 10.18
AMENDMENT NO. 3. TO
BY AND BETWEEN
XXXXX FIVE PARTNERSHIP, LTD.,
AS LANDLORD,
AND
CIRRUS LOGIC, INC.
AS TENANT
THIRD AMENDMENT TO LEASE AGREEMENT
This is the Third Amendment to the Lease Agreement by and between Xxxxx Five Partnership,
Ltd., as Landlord, and Cirrus Logic, Inc., as Tenant, effective November 10, 2000, and as amended
by the First Amendment to the Lease Agreement and by the Second Amendment to the Lease Agreement
(the original agreement with all amendments referred to herein as “Lease Agreement”).
Landlord and Tenant and Xxxxx Six Partnership, Ltd. have settled a lawsuit concerning, among
other matters, the effect of Subparagraph I.A. and Subparagraph IV. A. of Exhibit I to the Lease
Agreement. This Third Amendment is intended to implement certain aspects of their settlement
agreement which relate to the Lease Agreement.
1. Exhibit I.
A. The parties agree that Xxxxx Six Partnership, Ltd. is “Landlord” for
purposes of Exhibit I to the Lease Agreement, as the assignee of W&G Partnership’s rights
thereunder.
B. The parties agree that Paragraph I (including Subparagraphs I.A.,
I.B., I.C., I.D., and I.E.) of Exhibit I to the Lease Agreement is null and void and of no
force or effect ab initio.
2. Letter of Credit. The schedule of reductions of the Letter of Credit in Section
3.05(g) of the Lease Agreement is hereby deleted and the following is substituted
in lieu thereof:
Anniversary of Commencement Date | Letter of Credit Reduces To | |||
1st |
$ | 7,714,284 | ||
2nd |
6,428,510 | |||
3rd |
5,142,856 | |||
9th |
2,571,428 | |||
9 1/2 [i.e., May 10, 2012] |
-0- |
3. Ratification of Lease Agreement. Except as amended herein, the Lease Agreement is
ratified and confirmed by Landlord and Tenant, including without limitation Exhibit I (except for
Paragraph I thereof), which is ratified and confirmed by Landlord, Tenant and Xxxxx Six
Partnership, Ltd. Unless otherwise specially defined herein, all capitalized terms herein shall
have the same definition as set forth in the Lease Agreement.
Executed and effective this 30th day of November, 2005.
[SIGNATURES ON NEXT PAGE]
LANDLORD, LEASE AGREEMENT
XXXXX FIVE PARTNERSHIP, LTD.
BY: L. Xxxx Xxxxxx
ITS: President
TENANT
CIRRUS LOGIC, INC.
BY: Xxxx X. Xxxxxxxxx
ITS: SVP & CFO
LANDLORD, EXHIBIT I TO LEASE AGREEMENT
XXXXX SIX PARTNERSHIP, LTD.
BY: L. Xxxx Xxxxxx
ITS: President