Exhibit 10.1a
FIRST AMENDMENT TO AGREEMENT OF LEASE
THIS FIRST AMENDMENT TO AGREEMENT OF LEASE, dated as of May 27, 1999, by
and between NORTH POINT PARK, LLC, organized and existing under the laws of the
State of South Carolina (together with its heirs, successors and permitted
assigns, the "Landlord") and XxXXXXXXXX APPAREL HOLDINGS INC., organized and
existing under the laws of the State of South Carolina (together with its heirs,
successors and permitted assigns the "Tenant")
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Agreement of Lease
dated as of May 14, 1999 for the rental of the Premises described therein upon
the terms and conditions set forth therein; and
WHEREAS, Landlord and Tenant desire to amend the Agreement as provided in
this Amendment.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged along with the mutual covenants and agreement
contained herein, the parties covenant and agree as follows:
1. Incorporation of Recitals. The parties acknowledge that the foregoing
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recitals are true and correct and are incorporated into this Agreement as if
fully set forth herein.
2. Amendment to Paragraph 23 (a) of the Lease. Landlord and Tenant agree
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that the following language shall be added at the end of Paragraph 23 (a) of the
Lease:
Tenant agrees to execute, acknowledge and deliver to Landlord all necessary
documentation promptly upon any expiration or termination of the Lease to
cancel the memorandum of lease on the public records of Berkeley County.
If Tenant fails to do so within five (5) business days of the expiration or
termination of the Lease, Tenant hereby appoints Landlord as its attorney -
in-fact to execute, acknowledge and deliver the cancellation for recording,
such appointment being coupled with an interest and irrevocable.
3. Amendment to Exhibit "F" of the Lease. Landlord and Tenant agree that
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the form of Exhibit "F" attached hereto shall be substituted for Exhibit "F"
attached to the Lease.
4. Amendment to Paragraph 31 (d) of the Lease. Landlord and Tenant
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agree that Paragraph 31 (d) (ii) shall be amended by substituting "XxXxxxxxxx
Apparel Group, Inc. " for "Norton XxXxxxxxxx, Inc" in the second line.
5. Governing Law. The terms of this Agreement shall be construed in
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accordance with and governed by the laws of the State of South Carolina.
6. Counterparts. This Agreement may be executed in one or more
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counterparts, all of which taken together shall constitute one Agreement.
ALL other terms and conditions of the Lease shall remain in full force and
effect except as expressly modified herein.
IN WITNESS WHEREOF, intending to be legally bound, the parties have caused
this Amendment to be duly executed as of the day and year first written above
Landlord:
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NORTH POINT PARK, LLC
By: /s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
Title: Member
Tenant:
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XXXXXXXXXX APPAREL HOLDINGS INC.
By: /s/ Xxxxxx Xxxxxx
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Name: Xxxxxx Xxxxxx
Title: VP, CFO, Secretary &
Treasurer
Exhibit "F"
Form of Memorandum of Lease
Drawn by and mail to:
Xxxxx & Xxx Xxxxx, PLLC
Attention: Xxxxxxxxxxx X. Xxxxxxxx
00 Xxxxxxx Xxxxxx, Xxxxx 000
Xxxxxxxxxx, XX 00000
MEMORANDUM OF LEASE
NORTH POINT PARK, LLC, a South Carolina limited liability company
("landlord"), whose address is c/o Xxxxx Xxxxxxx Associates, 000 Xxxx Xxx
Xxxxxx, Xxxxxxxxxx, XX 00000, hereby acknowledges the existence of a lease to
XXXXXXXXXX APPAREL HOLDINGS INC., a Delaware corporation, ("Tenant'), whose
principal address is 000 0xx Xxxxxx, Xxx Xxxx, XX 00000, for a term beginning
______________, 19__ and ending ______________, of the property described on
Exhibit A attached hereto and made a part hereof, located in the City of
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Hanahan, County of Berkeley, South Carolina.
The provisions set forth in a written Agreement of Lease, dated as of May
14, 1999, by and between Landlord and Tenant are hereby incorporated in this
Memorandum.
Landlord:
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NORTH POINT PARK, LLC
By:
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Name: Xxxxx X. Xxxxxxx
Title: Member
Tenant:
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XXXXXXXXXX APPAREL HOLDINGS INC.
By:
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Name: Xxxxxx Xxxxxx
Title: VP, CFO, Secretary &
Treasurer
