EXHIBIT 10.9
STATE OF ALABAMA
SHELBY COUNTY
FIFTH AMENDMENT TO LEASE AGREEMENT
THIS FIFTH AMENDMENT TO LEASE AGREEMEPT, hereinafter referred to as the
"Agreement" is made and entered into on this 1st day of June 1999 by and between
PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, f/k/a Principal Mutual Life Insurance
Company hereinafter referred to as "Lessor" and BIOCRYST PHARMACEUTICALS, INC.,
hereinafter referred to as "Lessee";
WHEREAS, Lessor and Lessee, entered into a Lease Agreement, dated
January 17, 1992 and amended by the First Amendment to Lease Agreement dated
January 10, 1995, amended by the Second Amendment to Lease Agreement dated March
31, 1997, amended by the Third Amendment to Lease Agreement dated February 27,
1998 and amended by the Fourth Amendment to Lease Agreement dated June 29, 1998,
collectively referred to as the "Lease" for approximately 41,250 gross leasable
square feet of office/warehouse space consisting of Suites A and B and Suite C,
collectively referred to as the "Premises", at the building known as Riverchase
Business Park, the "Building", located at 2190 and ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇.
WHEREAS, the parties hereto have reached additional agreements to amend
the Lease in the manner hereafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained and other good and valuable considerations, the
receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee
understand and agree as follows:
1. Lessee shall expand into ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇, the
"Expansion Area" consisting of approximately 1,700 gross leasable
square feet, which except for the rent specified in Paragraph Three
(3), will constitute part of the "Premises" under the Lease.
2. This agreement shall commence on June 1, 1999. The Lease expiration
shall remain June 30, 2003.
3. Monthly rent for the Expansion Area shall commence June 1, 1999. The
monthly rent shall be $1,062.50, adjusting in the month of April of
each year as described in Paragraph Two (2) of the First Amendment to
Lease Agreement dated January 10, 1995.
4. Lessee agrees to take possession of the Expansion Area in its "as is"
condition. Lessor shall inspect and if necessary, service the HVAC
systems to insure that it is in good working condition.
5. All other terms, covenants and conditions of the Lease shall remain
unchanged except as herein expressly changed and amended. In the event
the terms, covenants and condition of this Agreement differ from, or at
variance with, the terms of the Lease, the terms of this Agreement
shall prevail and take precedent.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the day and year first above written.
WITNESS: LESSOR: Principal Mutual Life Insurance Company
f/k/a Principal Mutual Life Insurance Company
By: Principal Capital Management, LLC a
Delaware limited liability company, its
authorized signatory
/s/▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇, Vice President Equity
Asset Management
WITNESS: LESSEE: BioCryst Pharmaceuticals, Inc.
/s/▇▇▇▇▇▇ ▇. ▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇, Chairman/CEO
