Item 1.01 | Entry into a Material Definitive Agreement. |
On August 15, 2022, Lakeland Industries, Inc. (the “Company”) and Morena de la Garza Gonzalez and Alejandro Mario Gonzalez Quezada (jointly, the “Lessor”) entered into a Lease Agreement (the “Lease”), dated as of July 6, 2022, pursuant to which the Company agreed to lease approximately 100,615 square feet in an industrial building in Monterrey, Mexico to be built by Lessor pursuant to the terms and conditions set forth in the Lease (the “Leased Property”). The Company plans to use the Leased Property to expand its manufacturing capabilities in Mexico.
The initial term and rent payments will commence three months following the date of the Lessor’s substantial completion of the specifications agreed to by the parties with respect to the Leased Property, as set forth in the Lease, targeted to be no later than 10 1⁄2 months after the execution of the Lease. The Lease has an initial term of 10 years, and the Company may extend the term of the Lease for up to two additional five-year periods.
The Lease provides that within 30 days after the execution of the Lease, the Company will assign the Lease to SAL Commercial Venture One, S.A. de C.V. (“SAL”), an indirect subsidiary of the Company to be formed under the laws of Mexico, once the incorporation process of SAL is completed.
The Lease contains customary representations, warranties, covenants, indemnification provisions, default provisions, and termination provisions for a lease of this nature.
The Company has guaranteed SAL’s obligations under the Lease, once the Lease is assigned to SAL, pursuant to that certain Continuing Guaranty, dated as of July 6, 2022 (the “Guaranty”).
The foregoing description of the Lease and the Guaranty does not purport to be complete and is qualified in its entirety by reference to the full text of the Lease and the Guaranty, copies of which are attached to this Current Report on Form 8-K as Exhibit 10.1 and 10.2, respectively, and are incorporated herein by reference.
Item 2.03 | Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant. |
The disclosure set forth under Item 1.01 of this Current Report on Form 8-K is incorporated into this Item 2.03 by reference.
Item 9.01 | Financial Statements and Exhibits. |
(d) Exhibits
* | Exhibits, other than the Guaranty, have been omitted pursuant to Item 601(a)(5) of Regulation S-K. The Company will furnish copies of omitted exhibits to the Securities and Exchange Commission upon its request. |