Exhibit 10.1
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement (“Amendment”) is made and entered into effective as of February 5, 2021, by and between Continental 830 Nash LLC, a Delaware limited liability company, as to an undivided 66% interest, and Continental Rosecrans Aviation L.P., a California limited partnership, as to an undivided 34% interest, as tenants in common (“Lessor”), and Fisker Group Inc. (f/k/a Fisker Inc.), a Delaware corporation (“Lessee”). Lessor and Lessee are hereinafter sometimes individually referred to as “Party,” or collectively referred to as “Parties.”
W I T N E S S E T H :
WHEREAS, Lessor and Lessee entered into that certain Lease Agreement (“Lease”) dated October 2, 2020, whereby Lessor leased to Lessee and Lessee leased from Lessor that certain three-story office building located at 1888 Rosecrans Avenue, Manhattan Beach, California, together with all improvements therein and appurtenances thereto (“Premises”). Unless otherwise defined in this Amendment, all capitalized terms have the meanings ascribed to them in the Lease; and
WHEREAS, Lessor and Lessee are desirous of amending the Lease by this First Amendment to Lease Agreement in the manner set forth below,
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, and for other good and valuable consideration, it is agreed as follows:
1. NAME CHANGE
On or about October 25, 2020, Fisker Inc. merged with and into a subsidiary of Spartan Energy Acquisition Corp., which company was subsequently renamed Fisker Group Inc. Accordingly, the Parties agree that all references hereafter to Lessee shall be references to “Fisker Group Inc., a Delaware corporation.”
2. RENTABLE SQUARE FOOTAGE OF THE BUILDING/PREMISES
Section 1.1(f) of the Lease shall be deleted in its entirety, and the following Section 1.1(f) shall be inserted in place and stead thereof:
“(f) Deemed Rentable Square Footage of the Building / Premises. 78,540 rentable square feet. The rentable square footage of the Building/Premises shall not be subject to change even if an error in the calculation of the square footage is discovered or if standards for the measurement of office buildings change in the future.”
3. TERM
The first sentence of Section 1.1(i) of the Lease shall be deleted in its entirety, and the following sentence shall be inserted in place and stead thereof:
“The Lease Term shall be sixty-nine (69) months following the Commencement Date (the “Term”).”
4. COMMENCEMENT DATE
Section 1.1(j) of the Lease shall be deleted in its entirety, and the following Section 1.1(j) shall be inserted in place and stead thereof:
“(j) Commencement Date: February 1, 2021. Lessee shall have early access to the Premises, at no charge, from the Early Delivery Date, subject to Lessee complying with all terms, conditions, covenants, rules and regulations of the Lease (other than payment of Rent) as of the date Lessee first occupies the Premises, including, but not limited to, the Article 14 insurance requirements and the Section 14.1 and Section 35.15(e) indemnity protections.”
