FIRST AMENDMENT TO LEASELease Agreement • August 14th, 2006 • Vyyo Inc • Communications equipment, nec
Contract Type FiledAugust 14th, 2006 Company IndustryTHIS FIRST AMENDMENT TO LEASE (this “Amendment”) is dated for reference purposes as of July 17, 2006, between I&G PEACHTREE CORNERS, L.L.C., a Delaware limited liability company (“Landlord”), and XTEND NETWORKS, INC., a Delaware corporation (“Tenant”).
GUARANTYGuaranty • August 14th, 2006 • Vyyo Inc • Communications equipment, nec • Georgia
Contract Type FiledAugust 14th, 2006 Company Industry JurisdictionTo induce I&G PEACHTREE CORNERS, L.L.C., a Delaware limited liability company (“Landlord”) to enter into a certain Amendment (the “Amendment”), dated as of July 17, 2006, to that certain lease (as amended, the “Lease”), dated as of January 20, 2005 with XTEND NETWORKS, INC., a Delaware corporation (“Tenant”) and for other good and valuable consideration, the receipt and sufficiency whereof are hereby irrevocably acknowledged, VYYO INC., a Delaware corporation (herein referred to as “Guarantor” hereby guaranties to Landlord the due and punctual payment in full by Tenant (and not merely the collectibility), and the full and faithful performance and observance by Tenant, of all of the Obligations (defined below) under and pursuant to the Lease. As used herein, the term “Landlord” shall include its successors and assigns. The Guarantor shall cause the Obligations to be paid and performed under the same standards, time schedules and other requirements set forth in the Lease; and in the abse