EXHIBIT 10.4.6
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SIXTH AMENDMENT TO LEASE
LESSOR: Athenaeum Property LLC
LESSEE: Bitstream Inc.
DATE OF LEASE: March 17, 1992;
(First Amendment September 7, 1993,
Second Amendment July 14, 1994,
Third Amendment July 15, 0000,
Xxxxxx Xxxxxxxxx March 3, 1997, and
Fifth Amendment April 15, 1997)
PREMISES: Xxxxxxxxx Xxxxx, 000 Xxxxx Xxxxxx,
Xxxxxxxxx, Xxxxxxxxxxxxx (xxx "Building")
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of
which are hereby acknowledged, the lease originally entered into between
Athenaeum Realty Nominee Trust as Lessor and Bitstream Inc., a Massachusetts
corporation, as Lessee dated March 17, 1992, and amended as listed above
(collectively, the "Lease"), is hereby further amended as follows as of July 1,
1997 (the "Effective Date"):
1. PARTIES. The parties acknowledge and agree that Athenaeum
Property LLC has assumed all obligations as Lessor and that
Bitstream Inc., a Delaware corporation, has assumed all
obligations as Lessee Under the Lease.
2. "ADDITIONAL LEASED PREMISES." As of the Effective Date, 5,624
rentable square feet ("RSF"), more or less, shall be added to
the Leased Premises on the second floor of the Building as
shown on Exhibit A hereto ("Additional Leased Premises").
3. TERM. The initial term of the Lease shall be extended through
October 1, 2003 with respect to the Additional Leased Premises
added hereby, and also the Expanded Leased Premises that the
parties added by the Fourth Amendment. The initial Lease term
shall remain unchanged with respect to all other space under
the Lease, and continue to extend through October 1, 1998 in
accordance with the Second Amendment, ss.6.
4. INCREASED RENT. The Base Rent for the Leased Premises shall be
increased as of the Effective Date by $18.00 per rentable
square foot of the Additional Leased Premises, or $101,232 per
year through
Sixth Amendment to Lease dated March 17, 1992 Effective Date: July 1, 1997
Athenaeum Property LLC and Bitstream Inc. Page 2
the end of the said term. All other rental amounts in the
Lease shall remain unchanged.
5. INCREASED RENT ADJUSTMENT. The Rent Adjustment percentage for
Real Estate Taxes and Common Area Operating expenses in ss.5
of the Lease shall be increased from 7.68% percent to 9.65% as
of the Effective Date.
6. UTILITIES. All Lessee's utilities will continue to be
separately metered, or billed on a pro rata basis.
7. OPTIONS TO EXTEND. The parties confirm and agree as follows
with respect to the option to extend the term of the Leased
Premises in ss.23 of the original lease:
7.1. Original Leased Premises. The option to extend with
respect to the Leased Premises other than the
Expanded Leased Premises and Additional Leased
Premises (i.e. 17,174 RSF) shall remain unchanged
hereby, and is hereby confirmed to consist of two,
consecutive five (5) year extensions, the first to
begin on October 1, 1998 in accordance with the
Second Amendment,ss.6, and the second to begin on the
fifth anniversary thereof, or October 1,2003, each
option to be exercised within the appropriate time
period as provided in the saidss.23 of the original
lease, and the rent to be determined in accordance
with the formula stated in the saidss.23 on pp. 15-17
of the original lease.
7.2 Expanded and Additional Leased Premises. There shall
be only one, five year option to extend the term of
the "Expanded" and "Additional" Leased Premises
(4,700 RSF and 5,624 RSF, respectively), beginning on
October 1,2003, and upon written notice from LESEE to
LESSOR at least six (6) months prior to the
expiration of the initial lease term (September 30,
2003). The rental amount as of the commencement of
the extended term shall be fair market value as
determined in accordance with the procedure set forth
in the eighth full paragraph of ss.23 of the original
lease, beginning at the bottom of page 15, and
continuing through the top of page 17 thereof.
8. CONDITION OF ADDITIONAL LEASED PREMISES. Lessee agrees it is
leasing the Additional Leased Premises "as is," except that
the Additional Leased Premises shall be delivered vacant and
free of rights of possession or occupancy, vacuumed clean,
free of debris and personal effects, and all systems to be
maintained by Landlord under the Lease shall be in good
working order.
9. BROKER. The Lessor and Lessee each represent and warrant to
the other hat each has had no dealings with any Brokers
concerning this lease other than Xxxxxx X. Xxxxx & Co., and
each party agrees
Sixth Amendment to Lease dated March 17, 1992 Effective Date: July 1, 1997
Athenaeum Property LLC and Bitstream Inc. Page 3
to indemnify and hold the other harmless for any damages
occasioned to the other by reason of a breach f this
representation and warranty.
10. CONSTRUCTION; INTERPRETATION. To the extent that this
amendment conflicts with the original lease, this amendment
shall control. Both parties acknowledge the lease remains in
full force and effect. Other than as stated in this amendment,
all other terms and conditions remain the same.
EXECUTED as a sealed instrument this 6th day of June 1997.
ATHENAEUM PROPERTY LLC
By: /s/ Xxxxx X. Xxxxx /s/ Xxxxxxxxx XxXxxxxx
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Xxxxx X. Xxxxx, President Witness
Athenaeum F.A. Inc.
Managing Member
BITSTREAM INC.
By: /s/ Xxxxx X. Xxxx /s/ Xxxx X. Xxxxxxxxxx
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Xxxxx X. Xxxx, Witness
Vice President, Treasurer and
Chief Financial Officer
EXHIBIT A
"ADDITIONAL LEASED PREMESIS"
A floor plan of consisting of 5,624 rentable square feet on the second
floor of the property located at 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx is
set forth on this Exhibit.
THE ATHENAEUM HOUSE Rev.
000 Xxxxx Xxxxxx, Xxxxxxxxx Second Floor May 8, 1997
