Res 2004-162 - Laserfiche WebLink

Home Browse Search

I I I 0g/15/2004 11:45 DUNAGAN CHILDS PAGE 04/05 51227g0807 c) Assignee's receipt of a commercially reasonable subordination, nondisturbancc and attommcnt agreement from Lessor's lender providing that said lender will honor tbe terms and conditions ofthc Sublease, as amended hereby, in the event of any default by Lessor. d) Lessee and Lessor by signing below make the following representations and warranties: (i) The Sublease has not been modified, changed, or altered or amended in any respect (except as indicated herein) and is in full force and effect and there is no other agreement or understanding between the Lessee and the Lessor pertaining to or a.ffecting the Building. (ii) There is no agreement or understanding between the Lessee and the Lessor or its agents or employees pursuant to which the Lessee is or may hereafter be entitled to free rent, panial rent rebate or rental payments or any other type of rental concession, abatement, deferral or credit. (iii) The Lessee has accepted the Building as satisfactory and now occupies the sam.e on a full rent-pa}'ing basis. The Building has been fully completed and the Lessor under the Sublease has fully complied with all obligations to the Lessee under the Sublease with respect to any applicable construction work. (iv) Neither the Lessor nor the Lessee is in default under the Sublease and the undersigned knows of no event which, but for the passage of time or the giving of notice, or both, would constitute an event of default under the Sublease by the Lessee or the Lessor thereunder. As of the date hereof, there are no offsets, additional rents or other sums payable by the Lessee under the Sublease. (v) Neither the Lessee nor the Lessor under the Sublease has commenced any action or given or received any notice for the pwposes of enforcing or tenninating the Sublea"le. (\Ii) All rents, additional rents and other sums payable under the Sublease through the date hereof have been paid in full. and no rents, additional rents or other swns payable under the Sublease have been prepaid in advance of the due dates thereof. (vii) There is no obligation to construct, install or currently repair any improvements of facil.ities for Lessee on or about the Building. 9, Ackn~ledge of M::t!rter T .e~~ 8Jld Tncmpnratinn of Oper~ting Covenants. Assignee acknowledges that the Sub.leac;e is subject to the Master Lease, and the Agreement Authorizing Use of Airport Property for Operation of Business by and among the City of San Marcos, Lessor, and Lessee. 10. Naticcs. Assignee's address for notice purposes hereunder shall be: Tejas AeroServices, L.P. 5012 McIntyre Circle Austin, Texas 78734 Facsimile: 266-4679 11. Cnunterp~tt~, This Amendment may be executed in one or more counteIparts and all suchacounterparts shall be but one in,strument. Counterparts may be executed by facsimile signature and the same shall be deemed an original for an purposes. Amendment to Sublease of Airport Property Page 3