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EXHIBIT 10.01
1998 LEASE AMENDMENT
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March 27, 1998
PARTIES
o State Street Bank and Trust Company of Connecticut,
National Association,
not in its individual capacity, but solely as Trustee
(Lessor)
o Xxxxx Xxxxxx Inc.,
Salomon Brothers Inc,
Travelers Group Inc. (formerly The Travelers Inc.),
Mutual Management Corp. (formerly Xxxxx Xxxxxx Mutual
Funds Management Inc., which was successor by
merger to Mutual Management Corp.),
Xxxxx Xxxxxx Capital Services Inc.,
Xxxxx Xxxxxx Commercial Corp.,
Xxxxx Xxxxxx Futures Management Inc. and
Xxxxx Xxxxxx Global Capital Management, Inc.,
as tenants in common (Lessee)
BACKGROUND
This 1998 Lease Amendment (this amendment) amends the Amended and Restated Lease
dated as of December 30, 1994 (the 1994 lease).
AGREEMENT
1 Terms, etc. Except as otherwise stated in this amendment:
a defined terms o Terms used in this amendment that are defined in
the 1994 lease have the meanings given them in the
1994 lease.
b section references o Page and section references are to the 1994 lease.
c revision markings o Changes from the 1994 lease are shown
double underlined, deleted language is shown in
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[STRIKEOUT]strikeout[/STRIKEOUT], and language
that is unchanged is indicated by an
ellipsis (...).
o Where this amendment changes all occurrences of a
term in the 1994 lease, the changes are not
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marked.
o Deleted language, double underlining and ellipses
are for convenience only and are not part of the
1994 lease as amended by this amendment (as so
amended, the 1998 lease).
2 Amendments The 1994 lease is amended as follows:
a term Section 3, "Term" (p 3) shall read:
3. Term. The Property is leased for a term (the
"Term"), which commenced as of July 30, 1993 and
shall end on [STRIKEOUT]December 30, 1999[/STRIKOUT]
March 27, 2003 (the "Expiration Date") or on such
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earlier date as this Lease shall be terminated
pursuant to any provision hereof.
b assignment The last proviso to section 17(f) (p 13), which deals
with assignments, shall read
; provided, that the Company and Salomon Brothers
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Inc shall at all times retain [STRIKEOUT]an
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[/STRIKEOUT]a combined undivided 51% interest in
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this Lease as [STRIKEOUT]a[/STRIKEOUT] tenants in
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common with the other entities comprising the
Lessee.
c memorandum of lease Exhibit A, "Form of Memorandum of Lease," is replaced
by exhibit A to this amendment, "Form of Memorandum
of Lease," showing the new termination date for
the Lease.
d tenancy in common Schedule C, "Interests of Tenants in Common," is
replaced by Schedule C to this amendment.
3 Effective date This amendment shall become effective on the later of
March 27, 1998 or the first date on which all of the
following conditions are satisfied (the later of
such dates being the Effective Date):
a signature pages The Lessor and each of the tenants-in-common
comprising the Lessee have executed and delivered an
original or telecopied signature page to this
amendment.
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b Participation The 1998 Cumulative Amendment to Participation
Agreement Agreement dated as of March 27, 1998 has been
executed and delivered by each of its parties.
c compliance The Lessee is in compliance with all of the terms of
the 1998 lease and no Default or Event of Default
under the 1998 lease is continuing.
d legal matters All legal matters incident to the 1998 lease are
satisfactory to the Lessor and its counsel.
4 Expenses The Lessee shall reimburse the Lessor for its
reasonable out-of-pocket expenses in connection with
this amendment, including its counsel's reasonable
fees and disbursements.
5 New York law This amendment shall be governed by the laws of the
State of New York.
State Street Bank and Trust Company of
Connecticut, National Association,
not in its individual capacity, but solely as Trustee
/s/ Xxxxxx X. XxxXxxxxx
By: _______________________
Name: Xxxxxx X. XxxXxxxxx
Title: Assistant Vice President
Xxxxx Xxxxxx Inc.
/s/ Xxxx X. Xxxxxxxx
By: _______________________
Name: Xxxx X. Xxxxxxxx
Title: Deputy Treasurer
/s Xxxxxx X. Xxxxxxxxxx
By: _______________________
Name: Xxxxxx X. Xxxxxxxxxx
Title: Assistant Treasurer
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Salomon Brothers Inc
/s/ Xxxx X. Xxxxxxxx
By: _______________________
Name: Xxxx X. Xxxxxxxx
Title: Deputy Treasurer
/s/ Xxxxxx X. Xxxxxx
By: _______________________
Name: Xxxxxx X. Xxxxxx
Title: Treasurer
Travelers Group Inc.
/s/ Xxxxxx Xxxxx
By: _______________________
Name: Xxxxxx Xxxxx
Title: Deputy Treasurer
/s/ Xxxxx X. Xxxxxxxx
By: _______________________
Name: Xxxxx X. Xxxxxxxx
Title: Deputy Treasurer
Mutual Management Corp.
/s/ Xxxxxxx X. Day
By: _______________________
Name: Xxxxxxx X. Day
Title: Treasurer
/s/ Xxxxx X. Xxxxxxx
By: _______________________
Name: Xxxxx X. Xxxxxxx
Title: Controller
Xxxxx Xxxxxx Capital Services Inc.
/s/ Xxxx X. Xxxxxxxx
By: _______________________
Name: Xxxx X. Xxxxxxxx
Title: Treasurer
/s/ Xxx Xxxxxxx
By: _______________________
Name: Xxx Xxxxxxx
Title: Assistant Treasurer
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Xxxxx Xxxxxx Commercial Corp.
/s/ Xxxx X. Xxxxxxxx
By: _______________________
Name: Xxxx X. Xxxxxxxx
Title: Treasurer
/s/ Xxx Xxxxxxx
By: _______________________
Name: Xxx Xxxxxxx
Title: Assistant Treasurer
Xxxxx Xxxxxx Futures Management Inc.
/s/ Xxxxxx X. Dontuono
By: _______________________
Name: Xxxxxx X. Dontuono
Title: Treasurer
/s/ Xxx Xxxxxxx
By: _______________________
Name: Xxx Xxxxxxx
Title: Assistant Treasurer
Xxxxx Xxxxxx Global Capital Management,
Inc.
/s/ Xxxx X. Xxxxxxxx
By: _______________________
Name: Xxxx X. Xxxxxxxx
Title: Treasurer
/s/ Xxx Xxxxxxx
By: _______________________
Name: Xxx Xxxxxxx
Title: Assistant Treasurer
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