LEASE AGREEMENTLease Agreement • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies • Utah
PREMISES: That portion of the improvements owned by Landlord which consists of the existing office space located at 650 Komas Drive, Salt Lake City, Utah containing approximately 86,400 square feet of floor area together with all easements, rights-of-way, rights, privileges, benefits and appurtenances now or hereafter belonging thereto or commonly enjoyed therewith, including, without limitation, rights to ingress and egress and parking over, in and on designated areas (hereinafter referred to as the “Premises”). A legal description of the Premises is attached as Exhibit A.
When Recorded, Return To: SNELL & WILMER, L.L.P. Gateway Tower WestConsent to Lease Agreement • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALEAgreement of Purchase and Sale • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
This First Amendment to Agreement of Purchase and Sale (“the Amendment”) is effective as of May 8, 2004 between EVANS & SUTHERLAND COMPUTER CORPORATION, a Utah corporation (“Seller”) and WOODBURY CORPORATION, a Utah corporation (“Buyer”), collectively, the “Parties” and individually, a “Party.” Capitalized terms used in this Amendment and not defined herein shall have the meanings given them in the Agreement.
AGREEMENT OF PURCHASE AND SALEPurchase and Sale Agreement • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
RE: The University of Utah, a body politic and corporate of the State of Utah (“Landlord”), as landlord, and the predecessor-in-interest of Evans & Sutherland Computer Corporation, a Utah corporation (“Tenant”), Black Hawk Investment Company, a general partnership, entered into a Lease Agreement, dated September 5, 1980, as amended by each of (i) that First Amendment to Lease Agreement, dated June 7, 1982, (ii) that Second Amendment to Lease Agreement, dated September 28, 1982, (iii) that Third Addendum to Lease Agreement, dated April 9, 1987, and (iv) that Fourth Addendum to Lease Agreement, dated December 31, 1990 (collectively, the “Lease”).
When Recorded, Return To: SNELL & WILMER, L.L.P. Gateway Tower WestConsent and Subordination Agreement • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
AMENDMENT NUMBER SEVEN TO LOAN AND SECURITY AGREEMENT AND WAIVERLoan and Security Agreement • August 16th, 2004 • Evans & Sutherland Computer Corp • Miscellaneous electrical machinery, equipment & supplies
This Amendment Number Seven to Loan and Security Agreement and Waiver (“Seventh Amendment”) is entered into as of June 23, 2004, by and between WELLS FARGO FOOTHILL, INC., a California corporation, f/k/a/ Foothill Capital Corporation (“Foothill”), and EVANS & SUTHERLAND COMPUTER CORPORATION, a Utah corporation (“Borrower”), in light of the following:
