California-Los Angeles-3030 Andrita Street Lease [Amendment No. 5] - Kingston Andrita LLC and Playboy Entertainment Group Inc.
FIFTH AMENDMENT TO LEASE
This FIFTH AMENDMENT TO LEASE ("Fifth Amendment") is made and entered into
as of the 31st day of December, 2002, by and between KINGSTON ANDRITA LLC, a
Delaware limited liability company ("Landlord"), and PLAYBOY ENTERTAINMENT
GROUP, INC., a Delaware corporation ("Tenant").
Recitals
A. Tenant and Landlord are parties to that certain Lease, dated September
20, 2001, as amended by that certain First Amendment to Lease (the "First
Amendment"), dated May 15, 2002, as further amended by that certain Second
Amendment to Lease (the "Second Amendment"), dated July 23, 2002, as further
amended by that certain Third Amendment to Lease (the "Third Amendment"), dated
October 31, 2002, and as further amended by that certain Fourth Amendment to
Lease (the "Fourth Amendment"), dated December 2, 2002 (as amended, the
"Lease"), pursuant to which Landlord leased to Tenant certain premises located
at 3030 Andrita Street, Los Angeles, California as more particularly described
in the Lease (the "Premises").
B. Certain disputes have arisen between Landlord and Tenant regarding the
responsibility for the prosecution of and payment for construction of certain
improvements at the Premises and Landlord and Tenant intend and desire to extend
the time available to Landlord and Tenant to resolve such disputes.
C. Landlord and Tenant desire to amend the Lease upon the terms and
conditions set forth below.
D. All capitalized terms used herein but not specifically defined in this
Fourth Amendment shall have the meanings ascribed to such terms in the Lease.
NOW, THEREFORE, in consideration of the mutual promises set forth
below and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Delay Offset Amount. Section 1 of the third Amendment and the Fourth
Amendment are hereby deleted in there entirety. Section 10(d) of the Second
Amendment is hereby amended by deleting the words "November 1, 2002" and
substituting therefore the words "February 1, 2003."
2. Postponement of Abatement Period. Section 2 of the Fourth Amendment is
hereby deleted in its entirety. Section 2 of the Third Amendment is hereby
amended by substituting the words "February 1, 2003" for the words "December 1,
2002" in such Section 2.
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3. Lease in Full Force. Except for the amendment to the Lease provided for
in this Fifth Amendment, all other terms, covenants and conditions of the Lease
shall remain in full force and effect.
4. Successors and Assigns. This Fifth Amendment shall be binding upon and
shall inure to the benefit of Landlord and Tenant and their respective
successors and assigns.
5. Guarantor Consent. Guarantor, by executing the consent to this Fifth
Amendment set forth below, hereby agrees that the guaranteed obligations covered
by the Guaranty include all of the additional payment and other obligations of
Tenant set forth in this Fifth Amendment.
6. Counterparts. This Fifth Amendment may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, when
taken together, shall constitute a single instrument.
{Signatures appear on next page}
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IN WITNESS WHEREOF, this Fifth Amendment is executed on and as of the date
first written above.
KINGSTON ANDRITA LLC
By: /s/ Patrick McGrath
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Name: Patrick McGrath
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Title: VP
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PLAYBOY ENTERTAINMENT GROUP, INC.
By: /s/ Jeffrey M. Jenest
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Name: Jeffrey M. Jenest
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Title: Exec VP
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THIS FIFTH AMENDMENT IS CONSENTED TO:
PLAYBOY ENTERPRISES, INC.,
Guarantor
By: /s/ Linda Havard
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Name: Linda G. Havard
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Title: Executive Vice President
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CAPITALSOURCE FINANCE LLC
By:
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Name:
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Title:
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