Exhibit 10.13
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (the "Amendment") is entered into as of the
Effective Date (hereinafter defined) by and between LEPERCQ CORPORATE INCOME
FUND, L.P., a Delaware limited partnership ("Landlord") and FIRSTPLUS FINANCIAL
GROUP, INC., a Nevada Corporation ("Tenant").
A. Landlord and Tenant have entered into that certain Lease dated September
4, 1997 covering the Premises located at 0000 Xxxxxxx Xxxxx in Dallas, Texas as
more particularly described therein, as amended by certain letter agreements
(collectively, the "Letter Agreements") executed by both Landlord and Tenant
prior to the date hereof (as so amended, the "Lease"). Defined terms used herein
shall have the meaning set forth for such terms in the Lease unless otherwise
defined herein.
B. Tenant has requested a reduction in Fixed Rent for the Temporary Period
(hereinafter defined) and certain other modifications of the Lease and Landlord
has agreed thereto upon and subject to the terms and conditions hereinafter set
forth.
C. In the event that the Conditions Precedent (hereinafter defined) are
timely satisfied, Landlord and Tenant have agreed to a reduction in the Term of
the Lease to June 30, 2000 upon and subject to the terms and conditions
hereinafter set forth.
THEREFORE, for and in consideration of the foregoing premises, the mutual
covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
1. The Lease. Tenant hereby reaffirms the Lease and acknowledges that (i)
the Lease represents the valid and binding obligation of Tenant, enforceable in
accordance with its terms, and is not subject to offsets, claims, counterclaims
or demands of any nature, (ii) Landlord is not in default under the Lease, and
(iii) in the absence of this Amendment, Fixed Rent would be due and payable
under the Lease in the amount of $268,632 per month beginning January 1, 2000
and increasing thereafter as specified in the Lease until the Expiration Date of
August 31, 2012. Landlord hereby acknowledges that, as of the Effective Date, to
Landlord's knowledge no Event of Default exists and is continuing under the
Lease that will not be cured if Tenant performs all of its obligations under
this Lease Amendment and satisfies the Conditions Precedent set forth in this
Lease Amendment. Landlord hereby further acknowledges that, as of the Effective
Date, Tenant's wholly owned subsidiary, Western Interstate Bancorp ("WIB")
operates, inter alia, a loan servicing business (the "Servicing Business") at
the Premises. WIB has no rights under the Lease; it must vacate the Premises as
and when Tenant is required to relinquish or surrender possession of the
Premises under the Lease, as amended hereby; and WIB's use of the Premises is
subject, subordinate and inferior to the Lease.
2. Rent Deferral/Reduction. Beginning on the Effective Date (hereinafter
defined), and ending on the earlier of June 30, 2000 or the Default Date
(hereinafter defined) (the "Temporary Period"), a portion of the Fixed Rent due
under the Lease for the Temporary Period shall be deferred at the rate of
$100,132 per month (the "Deferred Rent"), with the remaining balance of $168,500
per month being due and payable on the first day of each month. Upon expiration
of the Temporary Period (unless the Conditions Precedent are timely satisfied so
that the Term of the Lease ends on June 30, 2000), Fixed Rent shall revert to
the amounts set forth in Section 3 of the Lease; provided, however, that from
and after the last day of the Temporary Period, rents and other sums collected
by Landlord from other tenants (if applicable) shall be applied pursuant to
Section 12.3(b) of the Lease. If the first or last day of the Temporary Period
is not on the first or last day of the calendar month, as applicable, the Fixed
Rent for such month shall be prorated to take into account the varying rental
rates applicable during such month. If the Conditions Precedent are timely
satisfied, Tenant shall have no obligation to pay the Deferred Rent and any
other obligations accruing under the Lease after June 30, 2000 which
obligations, without this Lease Amendment, would otherwise continue until August
31, 2012. If the Conditions Precedent are not timely satisfied, the Deferred
Rent shall be due and payable in full on the earlier of the Default Date or June
30, 2000. In the event WIB or the Servicing Business is sold or
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transferred prior to the expiration of the Temporary Period, all amounts payable
during the Temporary Period, including, without limitation, the monthly payments
of $168,500 per month and the quarterly estimates of ad valorem taxes, shall
become immediately due and payable in full on the date of such sale or transfer.
Provided such amounts are paid on the date of such sale or transfer, such
amounts may be discounted to their present value from the dates they would
otherwise have become due and payable to the date of such sale or transfer at
the discount rate of 5% per annum.
3. Relinquished Space. On the Relinquishment Date (hereinafter defined),
Tenant shall deliver to Landlord possession of the following space in the
Premises (the "Relinquished Space"): all of the lower lobbies below Floor 1, all
of Floors 4, 5, 6 and 8, all of Floor 1 except the area cross-hatched on Exhibit
A hereto (the "Floor 1 Retained Area") and, at Landlord's option as hereinafter
provided, all of Floor 7. The Relinquished Space shall be delivered in the
condition required by the Lease. The "Relinquishment Date" shall mean the
earlier of (x) thirty days after written notice from Landlord, which may be
given at any time after Landlord signs a lease with another tenant for space in
the Premises (and may be given subsequently for Floor 7) or (y) June 30, 2000.
Landlord shall have the right, but not the obligation to lease all or part of
the Relinquished Space to tenants. Except as set forth in Section 7 below
(entitled "Operating Expenses"), no such relinquishment of space in the Premises
by Tenant and no occupancy by tenants or leases of such space in the Premises
relinquished by Tenant shall operate to reduce Fixed Rent or any other amounts
due under the Lease as amended hereby. All Rent shall continue to be paid when
due without abatement, deduction or offset of any nature whatsoever. Landlord
anticipates retaining a third party property manager to manage the Premises for
the benefit of Tenant, Landlord and other tenants, if any, without cost to
Tenant. Tenant agrees to allow such third party manager to utilize a reasonable
mutually agreed upon space within the Floor 1 Retained Area.
4. Floor 7. Landlord may elect to include Floor 7 in the Relinquished Space
by written notice to Tenant, in which event Tenant shall deliver to Landlord
possession of all of Floor 7 by 3:00 p.m. on the applicable Relinquishment Date.
If Floor 7 is relinquished to Landlord on or before June 30, 2000 in accordance
with the terms hereof pursuant to the preceding sentence, (a) the amount due
June 30, 2000 for ad valorem taxes pursuant to Section 8 below shall be reduced
by the sum of $150,000 and, if such tax amount is less than $150,000, the
difference shall be refunded to Tenant on or before July 15, 2000 provided no
Event of Default (hereinafter defined) then exists, and (b) the Ratio Amount of
the Certificate described in Section 10 below shall be $3,800,000.
5. Parking. Contemporaneously with delivery of possession of Relinquished
Space to Landlord, Tenant shall deliver to Landlord possession of all parking
areas on the Premises except Xxxxx 0 xx xxx 0000 Xxxxxxx parking garage.
Landlord will endeavor to accommodate Tenant's overflow parking needs, if any,
on the surface parking lot at 1601 Viceroy.
6. Possession. Any and all space in the Premises which has not been
relinquished to Landlord as of June 30, 2000 shall be unconditionally delivered
to Landlord on June 30, 2000 in the condition required by the Lease. Tenant
shall cooperate with Landlord to effect an orderly transfer of utility services
to Landlord as of June 30, 2000. Vacation of the Premises and delivery of
possession to Landlord shall not operate to relieve Tenant of any liability
under the Lease as amended hereby. Tenant shall remain fully liable for payment
of Fixed Rent, Additional Rent and all other amounts due under the Lease for the
remainder of the Term of the Lease, as modified hereby, subject to the
provisions of Section 12.3 of the Lease. The only modifications of the Term of
the Lease are (a) the reduction to September 1, 2011 pursuant to Section 9 below
and (b) if the Conditions Precedent have been timely satisfied, the reduction to
June 30, 2000 pursuant to Section 15 below, and no other modifications of the
Term of the Lease shall be implied. However, Tenant hereby confirms that under
all circumstances, Tenant's right of possession of the Premises shall terminate
and Landlord shall be entitled to possession of the entire Premises no later
than June 30, 2000. Landlord, at its option, may at any time file an action for
forcible entry and detainer requiring Tenant to vacate the Premises on June 30,
2000; and on demand from Landlord at any time after such filing, Tenant and WIB
shall execute and deliver to Landlord an Agreed Judgment for possession in the
form of Exhibit D hereto dated as of the date of demand by Landlord.
7. Operating Expenses. If, as and to the extent that one or more other
tenants occupy any Relinquished Space during the Temporary Period, (i) the
Additional Rent due under the Lease shall be reduced by the ad
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valorem taxes attributable to the leaseable square footage so occupied and (ii)
Tenant shall be entitled to pro rata reimbursement in accordance with the terms
hereof for normal operating expenses of the Premises paid by Tenant to
unaffiliated third parties attributable to the leasable square footage so
occupied, as reasonably estimated by Landlord in a written notice to Tenant.
Such reimbursement shall be made to Tenant by or on behalf of Landlord within 30
days after receipt by Landlord of paid invoices and such additional evidence as
may be reasonably requested by Landlord to confirm the amount of such
reimbursement.
8. Taxes.
(a) 1999. On the earlier of the Effective Date or January 11, 2000,
Tenant shall deliver to Landlord receipts evidencing payment of all 1999 ad
valorem taxes with respect to the Premises and the personal property
located thereon.
(b) Quarterly Estimates. On each of March 31, 2000 and June 30, 2000,
Tenant shall pay to Landlord one-fourth of the estimated 2000 ad valorem
taxes for the Premises (as reasonably estimated by Landlord), to be applied
by Landlord in accordance with Section 3.6 of the Lease. If any of the
Relinquished Space is occupied by other tenants, such payments shall be
reduced pro rata based on the leaseable square footage occupied by such
tenant(s) for the period so occupied.
(c) Reconciliation. Within 30 days after written notice from Landlord
or Tenant of the actual amount 2000 ad valorem taxes for the Premises,
Tenant shall pay to Landlord the amount of any underpayment (if applicable)
or, provided no Event of Default exists hereunder, Landlord shall reimburse
Tenant for the amount of any overpayment (if applicable). Such underpayment
or overpayment shall be determined based upon actual taxes for January 1,
2000 through June 30, 2000, taking into account any applicable reduction
due to occupancy by other tenants as set forth in Section 7 above.
9. Letter of Credit and One Year Reduction. Landlord hereby agrees that the
Term of the Lease shall be reduced to August 31, 2011 provided that all proceeds
of the Letter of Credit are permanently paid to Landlord as set forth below. To
the extent Landlord has not already done so, Landlord shall draw the entire
remaining balance of the $3,223,584 Letter of Credit issued by Bank One, Texas,
N.A. or any substitutions therefor (collectively, the "Letter of Credit") on the
Effective Date or at any time thereafter and apply the proceeds thereof to the
following: to payment of the legal and other expenses of Landlord incurred in
connection with the preparation of this Amendment; to payment of any unpaid
Reduction and accrued interest thereon set forth in the Letter Agreements; and
the balance as payment of agreed compensation and consideration to Landlord for
the reduction in the Term of the Lease described herein and the other agreements
of Landlord set forth herein (collectively, the "Landlord Agreements"),
including, without limitation, if the Conditions Precedent are satisfied, as
liquidated damages in full satisfaction for the shortening of the Term of the
Lease to June 30, 2000 pursuant to the terms hereof and the termination of the
obligations of Tenant accruing under the Lease after June 30, 2000, which
obligations, without this Amendment, would otherwise continue until August 31,
2012. Tenant hereby acknowledges and stipulates that the actual value of the
Landlord Agreements would be difficult to ascertain. The amount of Letter of
Credit proceeds applied by Landlord as compensation for the reduction of the
Lease Term and other agreements set forth herein, plus the Certificate
hereinafter described, are referred to as the "Amendment Fee". Tenant hereby
conclusively stipulates that the Amendment Fee represents fair, reasonable and
adequate fair market compensation for the reduction in the Term of the Lease and
other agreements set forth herein.
10. Certificate and Other Documents.
(a) Certificate. On or before June 30, 2000, or, if later, within
fifteen (15) days after the "effective date" of a plan of reorganization
confirmed in the bankruptcy proceeding of FirstPlus Financial, Inc. (the
"Plan"), but in no event later than August 31, 2000, as part of the
Amendment Fee, Tenant shall cause to be executed and delivered to Lender a
certificate (the "Certificate") in the amount of $3,800,000 (or $3,650,000
if Floor 7 is not included by Landlord in the Relinquished Space prior to
June 30, 2000 pursuant to Section 4 above) (the "Ratio Amount"). The
Certificate shall evidence an undivided interest in FirstPlus Financial
Group, Inc.'s allowed intercompany claim against FirstPlus Financial, Inc.
equal to
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such intercompany claim multiplied by the ratio of (x) the Ratio Amount to
(y) the total amount of FirstPlus Financial Group, Inc.'s allowed
intercompany claim. The Certificate will entitle its holder to recover on
account of the undivided interest in such intercompany claim the simple
interest of 8.5% per annum payable on such intercompany claim. If the
Certificate is timely delivered, accepted and retained by Landlord, and the
Conditions Precedent are not satisfied, then the present fair market value
of the Certificate at the time of such delivery and acceptance would be
credited against Tenant's remaining obligations under the Lease.
(b) Release. Contemporaneously with the execution and delivery of this
Amendment, Tenant shall deliver or cause to be delivered to Landlord
general releases of claims (the "Releases") in the form of Exhibit C-1 and
C-2, duly executed by Tenant, Western Interstate Bancorp (C-1) and
FirstPlus Financial, Inc. ("FFI") (C-2), dated as of the Effective Date.
(c) Indemnity. In the event that the Release is not executed by FFI
contemporaneously with the execution and delivery of this Amendment, Tenant
shall proceed diligently and use best efforts to obtain execution of the
Release by FFI on or before June 30, 2000. In addition, Tenant hereby
indemnifies and holds harmless Landlord, its partners, agents,
representatives, successors and assigns (collectively, the "Indemnified
Parties") from and against any and all losses, liabilities, obligations,
damages, penalties, actions, judgments, suits, claims, costs, expenses and
disbursements of any kind or nature whatsoever (including, without
limitation, the reasonable fees and disbursements of counsel for
Indemnified Parties in connection with any investigative, administrative,
judicial or other proceeding commenced or threatened (collectively, the
"Claims"), that may be imposed on, incurred by, or asserted against any
Indemnified Party in any manner arising out of or in connection with any
Claim asserted or threatened against any Indemnified Party by or on behalf
of FFI, its successors or assigns (collectively, the "FFI Parties") of any
nature whatsoever, known or unknown, direct or contingent, asserted or
unasserted, arising in whole or in part on or before the Effective Date,
including, without limitation, any Claim arising under Chapter 5 of the
Bankruptcy Code (collectively, the "Indemnified Liabilities"). To the
extent, if any, that the undertaking to indemnify and hold harmless set
forth in this Amendment may be unenforceable in whole or in part because it
violates any law or public policy, Tenant shall pay the maximum portion
that it is permitted to pay and satisfy under applicable law to the payment
and satisfaction of all Indemnified Liabilities incurred by any Indemnified
Party.
(d) Payment as Incurred. The fees and disbursements of counsel for
Indemnified Parties and all other costs incurred by Indemnified Parties
required to be paid by Tenant under this indemnity shall be paid as
incurred within fifteen (15) business days after receipt of statements
therefor.
(e) Survival. The obligations of Tenant under the foregoing indemnity
shall survive any termination of the Lease provided however, such Indemnity
shall terminate as to liabilities and obligations accruing after (but not
those accruing before) delivery to Landlord of a release from FF1 in the
form of Exhibit C-2 or a final, nonappealable order of a court of competent
jurisdiction releasing the Indemnified Parties from all Claims of the FFI
Parties.
11. Fixtures. Tenant hereby confirms that the security system, wiring, card
readers and monitors installed by Tenant in the Premises are fixtures and
constitute the property of Landlord and are not subject to removal by Tenant.
12. Signage. Landlord shall have the right to remove any of Tenant's
exterior signage and permit substitution of signage by other tenants, if any.
Notwithstanding the foregoing, so long as Tenant has the right to possession of
any of the Premises, Landlord will permit Tenant to retain monument signage at
the 1600 Viceroy parking garage location, such signage to be mutually and
reasonably satisfactory to Landlord and Tenant.
13. Certain Equipment Leases. Contemporaneously with the execution and
delivery hereof, Tenant shall deliver to Landlord true and complete copies of
the leases covering the generator and the UPS system and the telephone system
installed in the Premises and any and all amendments thereto (collectively, the
"Equipment Leases"). Tenant shall keep the Equipment Leases in full force and
effect and free from default through
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June 30, 2000. Tenant shall not modify the Equipment Leases without the prior
written consent of Landlord. Upon request of Landlord, Tenant shall execute an
assignment of one or more of the Equipment Leases in form and content reasonably
acceptable to Landlord, effective as of June 30, 2000, subject to any required
consents of the lessor(s) thereunder. Tenant shall use its best efforts to
negotiate reduced buyouts of the equipment subject to the Equipment Leases
effective as of June 30, 2000 to allow the acquisition and transfer of such
equipment to Landlord or its designee(s) on favorable terms. If Landlord is
satisfied with the terms of any buyout (in Landlord's sole discretion) and
elects to have the buyout consummated and to have the equipment transferred to
Landlord or its designee, Landlord will credit against the principal amount of
the Certificate, the difference between the higher buyout price required under
the express terms of the applicable Equipment Lease and the reduced buyout price
negotiated by Tenant.
14. Furniture. Subject to any prior rights in favor of FirstPlus Financial,
Inc., Tenant shall use its best efforts to cause its subsidiary, Western
Interstate Bancorp ("WIB") to give Landlord or its designee(s) the right to
purchase on June 30, 2000, all furniture located at the Premises as of the
Effective Date which is owned by WIB at its original cost, unless an
unaffiliated third party buyer of all of WIB's stock or of all or substantially
all of WIB's assets requires that such furniture be retained by WIB or
transferred to such buyer pursuant to such buyer's purchase of WIB's stock or
assets.
15. Conditions Precedent to Reduced Term. In the event that each of the
following conditions precedent (collectively, the "Conditions Precedent") shall
be timely satisfied, the Term of the Lease shall end on June 30, 2000:
(a) No Event of Default shall have occurred under the Lease as amended
hereby after the Effective Date.
(b) Landlord shall have obtained peaceable possession of the entire
Premises on or before June 30, 2000 in the condition required by the Lease.
(c) Tenant shall have complied with each of the other covenants and
obligations of Tenant set forth in this Amendment, including, without
limitation, timely delivery of the Agreed Judgment described in Section 6
hereof.
(d) No actions shall have been taken to hinder or delay Landlord's
drawings on the Letter of Credit or retention of the entire proceeds of the
Letter of Credit or any Rent or other sums paid or property delivered to
Landlord with respect to the Lease.
(e) No monetary default no longer subject to cure shall have occurred
under any of the Equipment Leases prior to June 30, 2000 and no
non-monetary default shall have occurred thereunder beyond the expiration
of the cure period applicable thereunder, if any.
In the event that any one or more Conditions Precedent shall not be timely
satisfied, the Term of the Lease shall remain unmodified except to the extent of
the reduction to August 31, 2011 set forth in Section 9 above, but Tenant's
right of possession of the Premises shall nevertheless terminate no later than
June 30, 2000 as provided herein.
16. Default. "Default Date" shall mean the date of occurrence of any one or
more of the following (each an "Event of Default"): (i) failure of Tenant to pay
or perform any of its obligations under this Amendment when due; (ii) the
occurrence of an Event of Default under the Lease, as modified by this
Amendment; and/or (iii) the occurrence of any event which would cause a failure
of any Condition Precedent to be satisfied. Failure of Tenant to timely comply
with any of its covenants or other obligations under this Amendment shall
constitute an Event of Default under the Lease. Upon the occurrence of an Event
of Default under the Lease, Tenant's right to possession of the Premises shall
immediately and without notice terminate but the Lease shall not terminate
unless and until Landlord expressly elects by written notice to Tenant to
terminate the Lease. Landlord shall be entitled to each of the remedies provided
for in the Lease with respect to an Event of Default.
17. Brokers. Tenant hereby represents and warrants to Landlord that it has
not dealt with any broker in connection with this Amendment, and that insofar as
Tenant knows, no other broker negotiated or participated
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in the negotiations of this Amendment, or is entitled to any commission in
connection therewith. Tenant hereby agrees to indemnify, save and hold Landlord
harmless from and against any and all claims or demands made upon Landlord for
any commissions, fees or other compensation by any broker, agent or salesman
which has dealt with Tenant in connection with this Amendment. The provisions of
this paragraph shall survive the expiration or any earlier termination of the
Lease.
18. Additional Amendments. The Lease is hereby amended to delete the
following provisions in their entirety: Section 2(d) of Article A (entitled
"Extension Options"); Article 23 (entitled "Right of First Refusal"); and
Section 5.4 (which pertains to alterations of the Premises).
19. Holding Over. Section 16.1 of the Lease, second line, is hereby amended
to insert the following before the word "quit"; "or termination of Tenant's
right to possession of all or part of the Premises". Section 16.3 of the Lease
is hereby amended as follows: (1) insert the following at the end of the first
sentence and again after the word Lease in the 12th line; "or termination of
Tenant's right to possession of all or part of the Premises"; (2) replace the
words "tenancy from month to month" with "tenancy from day to day"; and (3)
replace the words "one and one-half (1 1/2%) times" with "two times". In
addition to the other amounts due under the Lease, Tenant hereby agrees to pay
to Landlord on demand all damages, consequential as well as direct, sustained by
Landlord as a result of Tenant's holding over or failure to deliver possession
of the Premises or any part thereof as, when, and in the condition required by
the Lease. The provisions of this paragraph shall not in any way exclude
Landlord's right of re-entry or any other right under the Lease or this
Amendment.
20. Tenant Certification. Tenant hereby represents and warrants to Landlord
that there are no written subleases or other occupancy agreements with respect
to the Property and no parties in possession with any rights that would not be
subject, subordinate and inferior to the terms of the Lease, as amended hereby.
The Lease, as amended hereby, is hereby ratified and confirmed and shall
continue in full force and effect.
21. Tenant's Authority. Tenant hereby warrants and represents that it has
the requisite power, authority and ability to enter into this Amendment and to
fully perform all obligations of Tenant hereunder. This Amendment has been duly
authorized by all necessary action on the part of Tenant, has been duly executed
and delivered by Tenant, constitutes the valid and binding agreement of Tenant
and is enforceable in accordance with its terms. The execution and delivery of,
and the performance by Tenant of its obligations under this Amendment do not and
will not contravene, or constitute a default under, any provision of applicable
law or regulations, Tenant's organizational documents or any agreement,
judgment, injunction, order, decree or other instrument binding upon Tenant.
22. Landlord's Authority. Landlord hereby warrants and represents that it
has the requisite power, authority and ability to enter into this Amendment and
to fully perform all obligations of Landlord hereunder. This Amendment has been
duly authorized by all necessary action on the part of Landlord, has been duly
executed and delivered by Landlord, constitutes the valid and binding agreement
of Landlord and is enforceable in accordance with its terms. The execution and
delivery of, and the performance by Landlord of its obligations under this
Amendment do not and will not contravene, or constitute a default under, any
provision of applicable law or regulations, Landlord's organizational documents
or any agreement, judgment, injunction, order, decree or other instrument
binding upon Landlord.
23. Miscellaneous. This Amendment and the Lease constitute the entire
agreement of parties with respect to the subject matter hereof and may be
amended only in writing, executed by the party against whom such amendment is
asserted. Except as modified by the express terms of this Amendment, the Lease
shall remain in full force and effect as originally executed and delivered. This
Amendment may be executed in counterparts, each of which shall be fully
effective as an original and which together shall constitute a single
instrument. If any provision of this Amendment is invalid or unenforceable, such
provision shall be modified to the minimum extent necessary to make such
provision valid and enforceable, and the remainder of this Amendment shall not
be affected thereby, but rather, the same shall be enforced to the greatest
extent permitted by law. This Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, permitted
assigns, heirs, executors and legal representatives. Time is of the essence
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of this Amendment. All references herein to "other tenants" shall mean tenants
who have signed independent leases with Landlord.
24. Exhibits. The following Exhibits are attached hereto and incorporated
herein:
Exhibit A -- Floor I Retained Area
Exhibit B -- Agreed Judgment
Exhibit C-1 -- Release by Tenant and WIB
Exhibit C-2 -- Release by FFI
25. Effective Date. Submission of drafts of this Amendment for review shall
not be construed as an agreement of Landlord to enter into this Amendment. Any
such agreement shall be established only by delivery of an executed original
counterpart of this Amendment by Landlord. "Effective Date" shall mean the date
that this Amendment has been fully executed and unconditionally delivered by
both Landlord and Tenant.
EXECUTED effective as of the Effective Date set forth above.
LANDLORD:
LEPERCQ CORPORATE INCOME FUND, L.P., a
Delaware limited partnership
By: Lex GP-1, Inc., its general partner
By:
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Name:
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Title:
---------------------------------
Date signed by Landlord:
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TENANT:
FIRSTPLUS FINANCIAL GROUP, INC., a
Nevada corporation
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
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Title: President
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Date signed by Tenant: 12/30/99
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Western Interstate Bancorp is executing this Lease Amendment solely for the
purpose of acknowledging and agreeing to the matters set forth in the last
sentence of paragraph 1 and the last two sentences of Paragraph 6. It has not
assumed the Lease by its execution of this Amendment.
WESTERN INTERSTATE BANCORP
By: /s/ Xxxx X. Xxxxx
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Name: Xxxx X. Xxxxx
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Title: President
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Date signed: 12/30/99
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