Exhibit 10.43
AMENDMENT NO. 6 TO LEASE
THIS AGREEMENT made this20th day ofMay,2010, by and between EWE WAREHOUSE INVESTMENTS V, LTD., as Lessor and MERRIMACK SERVICES CORPORATION dba PC CONNECTON SERVICES, as Lessee located at 2841-2931 Old State Route 73, Wilmington, Ohio 45177.
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease dated May 13, 1993, as amended June 19, 2001, April 24, 2003, November 11, 2006, October 13, 2009 and February 5, 2010, and
WHEREAS, the Lessor and Lessee desire to amend the Lease of approximately 102,400 square feet to extend the term and revise rent.
NOW THEREFORE, the Lease is amended as follows.
1. Article 1.TERM. shall be revised as follows.
Effective December 1, 2010, the term of this Lease shall be extended for an additional one (1) year, for a total term of eighteen (18) years, two (2) months, commencing October 1, 1993 and ending November 30, 2011, both dates inclusive.
2. Lessee warrants that Lessee has accepted and is now in possession of the Leased Premises and that the Lease is valid and presently in full force and effect. Lessee accepts the Premises in its present “as is” condition.
3. Article 3.RENT. shall be revised as follows.
For the period commencing December 1, 2010 and ending November 30, 2011, the Lessee shall pay to the Lessor as Annual Rent for the Leased Premises the sum of FOUR HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED TWELVE AND 00/100 DOLLARS ($448,512.00) which shall be paid in equal monthly installments of THIRTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX AND 00/100 DOLLARS ($37,376.00), due and payable on the first day of each month, in advance, without demand.
Checks should be made payable to EWE Warehouse Investments V, Ltd. and sent c/o Easton & Associates, 10165 N.W. 19th Street, Miami, Florida 33172. Said rent shall be paid to the Lessor, or to the duly authorized agent of the Lessor, at its office during business
hours. If the commencement date of this Lease is other than the first day of the month, any rental adjustment or additional rents hereinafter provided for shall be prorated accordingly. The Lessee will pay the rent as herein provided, without deduction whatsoever, and without any obligation of the Lessor to make demand for it. Any installment of rent accruing hereunder and any other sum payable hereunder, if not paid when due, shall bear interest at the rate of eighteen percent (18%) per annum until paid.
4. Except as expressly amended herein, all other terms and conditions of the Lease remain in full force and effect.
IN WITNESS WHEREOF, the Lessor and Lessee have affixed their signatures to duplicates of this Amendment, this20th day ofMay,2010, as to Lessee and this21st day ofMay,2010, as to Lessor.
Signed and acknowledged | Lessor: | EWE WAREHOUSE INVESTMENTS V, LTD. | ||||||
| in the presence of: | By: | MV Realty, Inc. | ||||||
| Its: | Managing Agent | |||||||
/s/ CHARLES A. MCCOSH | By: | /s/ BARBARA J. GILMORE | ||||||
| Barbara J. Gilmore | ||||||||
Charles A. McCosh | Authorized Signer | |||||||
| Print Name | ||||||||
KELLI L WILSON | ||||||||
Kelli L. Wilson | ||||||||
| Print Name | ||||||||
| LESSEE: | MERRIMACK SERVICES CORPORATION | |||||||
| dba PC CONNECTION SERVICES | ||||||||
/s/ PAM J CARTER | By: | /s/ ROBERT A. PRATT | ||||||
Pamela J. Carter | Title: | VP Facilities and Site Services | ||||||
| Print Name | ||||||||
/s/ Linda Jackson | ||||||||
Linda Jackson | ||||||||
| Print Name | ||||||||
[NOTARY ON NEXT PAGE…]
STATE OF OHIO, COUNTY OF MONTGOMERY, SS:
The foregoing instrument was acknowledged before me this21st day ofMay,2010, byBarbara J. Gilmore, Authorized Signer of MV Realty, Inc., Managing Agent of EWE WAREHOUSE INVESTMENTS V, LTD., on behalf of said company.
/s/ Teresa B. Lyon |
| Notary Public |
STATE OFNew Hampshire, COUNTY OFHillsborough, SS:
The foregoing instrument was acknowledged before me this20 day ofMay,2010, byRobert A. Pratt, theVP of MERRIMACK SERVICES CORPORATION dba PC CONNECTION SERVICES, a corporation on behalf of said corporation.
/s/ Dolores R. Collins |
| NOTARY PUBLIC |