SUMMIT LEASE AEW \ PARKER II, LLC, a California limited liability company as Landlord, and BUY.COM, a Delaware corporation as Tenant.Lease • October 19th, 2005 • Buy Com Inc • Retail-catalog & mail-order houses • California
This Lease, which includes the preceding Summary of Basic Lease Information (the “Summary”) attached hereto and incorporated herein by this reference (the Lease and Summary to be known sometimes collectively hereafter as the “Lease”), dated as of the date set forth in Section 1 of the Summary, is made by and between AEW \ PARKER II, LLC, a California limited liability company (“Landlord”), and BUY.COM, a Delaware corporation (“Tenant”).
GUARANTY AND SURETYSHIP AGREEMENTGuaranty and Suretyship Agreement • October 19th, 2005 • Buy Com Inc • Retail-catalog & mail-order houses • New York
THIS GUARANTY AND SURETYSHIP AGREEMENT is executed as of the last date written below by Scott A. Blum, an adult individual with an address at 65 Enterprise Aliso Viejo, CA 92656 (“Blum”) and Scott A. Blum Separate Property Trust U/D/T 8/2/95, a trust having an address at 65 Enterprise Aliso Viejo, CA 92656, by and through Scott A. Blum as trustee (the “Trust”) (Blum and the Trust are each individually referred to herein as a “Guarantor” and collectively as “Guarantors”), for the benefit of American Express Travel Related Services Company, Inc., a New York corporation with an address at 90 Hudson Street, Suite 6, Jersey City, NJ 07302 (“AmEx”).
MERCHANT SERVICES BANKCARD AGREEMENTMerchant Services Bankcard Agreement • October 19th, 2005 • Buy Com Inc • Retail-catalog & mail-order houses • New York
This Merchant Services Bankcard Agreement (“Agreement”) is among the CUSTOMER identified above, FIRST FINANCIAL BANK, a New York state chartered bank (“BANK”) and CHASE MERCHANT SERVICES L.L.C., (“CMS”) (BANK and CMS are collectively referred to as “SERVICERS”).
GuarantyBuy Com Inc • October 19th, 2005 • Retail-catalog & mail-order houses • California
This Guaranty shall remain in full force and effect until the irrevocable payment in full of the Indebtedness and the Liabilities (the “Guaranty Period”) and shall in all respects be a continuing and absolute guaranty which shall remain in full force and effect throughout the Guaranty Period notwithstanding, without limitation, dissolution, liquidation or insolvency of either or both Guarantor or that at any time or from time to time all of the Liabilities may have been paid in full. Notwithstanding the foregoing, each of the Guarantors may, with respect to such party, immediately on written notice to the Supplier, terminating this Guaranty with respect to the accrual of any future Liabilities hereunder after the effective date of termination; provided that any such termination shall not affect the right and power of the Supplier to enforce rights arising, incurred or contracted for prior to the effective date of such termination. Each Guarantor acknowledges that termination right cont
