LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 13th, 2009 • Drugstore Com Inc • Retail-drug stores and proprietary stores • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of March 5, 2009 (the “Effective Date”) by and among (i) SILICON VALLEY BANK, a California corporation with a loan production office located at 380 Interlocken Crescent, Suite 600, Broomfield, Colorado 80021 (“Bank”), and (ii) DRUGSTORE.COM, INC., a Delaware corporation, and each of the other Persons listed as “Borrower” on the signature pages hereto (individually and collectively, jointly and severally, “Borrower”), provides the terms on which Bank shall lend to Borrower and Borrower shall repay Bank. The parties agree as follows:
FIRST AMENDMENT TO INDUSTRIAL BUILDING LEASEIndustrial Building Lease • March 13th, 2009 • Drugstore Com Inc • Retail-drug stores and proprietary stores
THIS FIRST AMENDMENT TO INDUSTRIAL BUILDING LEASE (the “Amendment”) is made this day of , 2007, between US INDUSTRIAL REIT II, a Texas real estate investment trust (hereinafter referred to as “Landlord”) and DS DISTRIBUTION, INC., a Delaware corporation (hereinafter referred to as “Tenant”).
SUBLEASESublease • March 13th, 2009 • Drugstore Com Inc • Retail-drug stores and proprietary stores
THIS SUBLEASE is entered into December 10, 2007 between drugstore.com, Inc., a Delaware corporation (“Subtenant”), and ROD ASHER AND ASSOCIATES, LTD., a Washington corporation (“Sublandlord”).
FIRST AMENDMENT TO LEASELease • March 13th, 2009 • Drugstore Com Inc • Retail-drug stores and proprietary stores
THIS FIRST AMENDMENT (“Amendment”) is made effective as of August 1, 2008, by and between Sam-Cher Holdings, Inc. (“Lessor”) and Vision Direct Inc., successor to International Vision Direct, Inc. and International Vision Direct Corp. (“Lessee”) to the Standard Industrial Lease dated May 2, 2003 by and between the parties (the “Lease”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Lease.
INDUSTRIAL BUILDING LEASE between US INDUSTRIAL REIT II A Texas real estate investment trust as Landlord and DS DISTRIBUTION, INC. A Delaware corporation as Tenant June 20, 2007Industrial Building Lease • March 13th, 2009 • Drugstore Com Inc • Retail-drug stores and proprietary stores
THIS LEASE (the “Lease”), dated the 20th day of June, 2007 (“Date of Lease”) is entered into by and between DS DISTRIBUTION, INC., a Delaware corporation (“Tenant”) and US Industrial REIT II, a Texas real estate investment trust (“Landlord”).
