EX-10.116
from 10-Q
3 pages
As a Material Inducement to Landlord to Enter Into the Lease Agreement, Dated September 29, 2022 (The “Lease”), Between Priority Fulfillment Services, Inc., a Delaware Corporation, as Tenant, and Crp/Ai Freeport Parkway Owner, L.P., a Delaware Limited Partnership, as Landlord, Pfsweb, Inc., a Delaware Corporation (“Guarantor”), Hereby Unconditionally and Irrevocably Guarantees the Complete and Timely Performance of Each Obligation of Tenant (And Any Assignee) Under the Lease, Any Extensions or Renewals of and Amendments to the Lease and to All New Leases Entered Into by Landlord, Its Affiliates, Successors or Assignees and Tenant, Its Affiliates, Successors, or Assignees Relating to Space in the Project. This Guaranty Is an Absolute, Primary, and Continuing, Guaranty of Payment and Performance (Not Collection) and Is Independent of Tenant’s Obligations Under the Lease. Guarantor (And if This Guaranty Is Signed by More Than One Person or Entity, Each Guarantor Hereunder) Shall Be Primarily Liable, Jointly and Severally, With Tenant and Any Other Guarantor of Tenant’s Obligations. Guarantor Waives Any Right to Require Landlord to (A) Join Tenant With Guarantor in Any Suit Arising Under This Guaranty, (B) Proceed Against or Exhaust Any Security Given to Secure Tenant’s Obligations Under the Lease, (C) Exercise Any Rights Under Landlord’s Remedies Pursuant to the Lease, (D) Take Any Action Pursuant to Applicable Forcible Entry and Detainer Statutes, or (E) Pursue or Exhaust Any Other Person (Including Tenant) or Any Other Remedy in Landlord’s Power. Guarantor’s Liability Under This Guaranty Shall Not Exceed Tenant’s Liability Under the Lease. Further, Any Clauses Providing Limitation of Liability, Actions, Payments or Indemnities in Favour of Tenant in the Lease Shall Apply to the Guarantor
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EX-10.115
from 10-Q
46 pages
Lease Agreement Between Crp/Ai Freeport Parkway Owner, L.P., as Landlord, and Priority Fulfillment Services, Inc., as Tenant Dated September 29, 2022 Freeport Commerce Center Irving, Texas
12/34/56
EX-10.82.1
from 10-Q
7 pages
First Amendment to Industrial Lease Agreement This Amendment Is Made as of the Amendment Date (As Hereinafter Defined) by and Between Stateline J, LLC, a Delaware Limited Liability Company ("Landlord") and Priority Fulfillment Services, Inc., a Delaware Corporation ("Tenant"). Recitals Landlord and Tenant Have Previously Entered Into That Certain Industrial Lease Agreement Dated March 18, 2016 (The "Lease") for the Lease of Space at 1620 Stateline Road (Suite 101), Southaven, Mississippi 38671 (The "Premises") Located Within Stateline Business Park, Desoto County, Mississippi. Landlord and Tenant Desire to Amend the Lease as Hereinafter Set Forth. Now, Therefore, for and in Consideration of Ten and No/100 Dollars ($10.00) and Other Good and Valuable Consideration in Hand Paid by Each Party Hereto to the Other, the Receipt and Sufficiency of Which Are Hereby Acknowledged, the Parties Hereto Do Hereby Agree as Follows: 1. Capitalized Terms. All Capitalized Terms Used Herein but Undefined Shall Have the Meaning as Defined in the Lease. 2. Allowance. Special Stipulation Number 2 of Exhibit C of the Lease (The "Allowance Stip") Is Hereby Amended to Increase the Tenant Allowance to an Amount Equal to Equal $429,000.00. Accordingly, the Allowance Stip Is Modified to Delete the Words "$70.00 Per Square Foot Thereof (Not to Exceed $350,000.00 in the Aggregate)" and Inserting "$429,000.00" in Lieu Thereof. 3. Annual Base Rent. Section I( D) of the Lease Is Hereby Deleted in Its Entirety and the Following Is Substituted Therefor: (D) Annual Base Rent (As May Be Adjusted Pursuant to the Expansion Stip): Period Annual Base Rent Lease Year 1 $493,770.00 (Plus the Prorated Amount for Any Fractional Month Per Section 3 Hereof, if Applicable)(annualized, Where Applicable) Lease Year 2 $936,933.00 Lease Year 3 $955,389.96 Legal02/36373198v2
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