Exhibit 10.22
FOURTH AMENDMENT TO LEASE
Agreement as of the 1st day of May, 2016, by and between Zoom Group LLC, a Massachusetts limited liability company, as Landlord, and Ginkgo Bioworks, Inc., a Delaware corporation, as Tenant.
Whereas, Landlord and Tenant did enter into, execute and deliver that certain Lease Agreement dated as of December 22, 2011, as affected by Commencement Date Agreement dated January 31, 2012 and amended by First Amendment to Lease dated April 2012 with respect to a certain leasehold premises more particularly described in said Lease; and
Whereas, by the Second Amendment to Lease dated August 1, 2014 (the “Second Amendment”) Landlord and Tenant agreed to (i) expand the premises that are subject to the Lease by including the space that was defined as the First Right of Refusal Premises in the Lease, (ii) extend the Term of the Lease, (iii) modify the Rent payable under the Lease and (iv) provide Tenant with a First Right of Refusal with respect to certain other portions of the Building defined therein as the First Right of Refusal Space (the “new First Right of Refusal Space”); and
Whereas, by the Third Amendment to Lease dated as of August 15, 2014 (the “Third Amendment” and together with the Lease as so amended, the “Lease”) Landlord and Tenant confirmed that (i) Tenant had accepted possession of the original First Right of Refusal Premises; (ii) the Delivery Date with respect to the original First Right of Refusal Space was August 15, 2014; and (iii) the Expiration Date of the Term is February 29, 2024; and
Whereas, a portion of the new First Right of Refusal Space (the “Second Expansion Premises”) has become available; Landlord has provided Tenant with the requisite Option Acceleration Notice; and Tenant has elected to exercise its Expansion Option to lease the space that has become available; and
Whereas, Landlord and Tenant have agreed to modify the Lease by adding the Second Expansion Premises to the Premises, modifying the Rent payable under the Lease and to reflecting certain other agreements of the parties.
Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant do hereby agree as follows:
1. Capitalized terms used herein shall have the meaning ascribed to them in the Lease except as explicitly defined otherwise herein.
2. The first two sentences of the first paragraph of the description of the Premises in the Basic Lease Information are deleted and the following sentences are substituted therefore:
“Approximately 20,330 rentable square feet (the “Premises Rentable Area”) consisting of 11,565 rentable square feet in southeast corner of the eighth floor (the “Original Premises”), 6,785 rentable square feet on the eighth floor (the “Expansion Premises”), and 1,980 rentable square feet on the eighth floor (the “Second Expansion Premises”), all of which are located within the building currently known as Section A of Building 114 (the “Building”), and whose street address is 27 Drydock Avenue, Boston, Massachusetts. The Original Premises, the Expansion Premises, and the Second Expansion Premises are outlined on the plan attached hereto as Exhibit A and are labeled “Premises.” The Second Expansion Premises are also shown on the attached Exhibit A1 labeled “Second Expansion Premises.”
1
