EXHIBIT 99.6
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
First American Title Insurance Company
1737 N. First Street
San Jose, California 95112
Attn: Dian Blair
MEMORANDUM OF AMENDED AND RESTATED LEASE
This Memorandum of Amended and Restated Lease is entered into as of
January 29, 2003 by and between M-F DOWNTOWN SUNNYVALE, LLC, a Delaware limited
liability company ("Landlord") and HANDSPRING FACILITIES COMPANY, LLC, a
Delaware LLC ("Tenant"). Landlord hereby leases to Tenant and Tenant hereby
leases from Landlord, that certain real property situated in Sunnyvale, Santa
Clara County, California, more particularly described as follows:
Parcel 4 as shown and described on that certain Parcel Map filed for
record in the Office of the Recorder of the County of Santa Clara, State
of California, on November 22, 2000 in Book 734 of Maps at pages 17
through 21, inclusive;
upon and subject to the terms and conditions set forth in that certain
unrecorded Amended and Restated Lease Agreement (Building 3) (the "Lease")
between Landlord and Tenant and dated as of January 29, 2003.
The term of the Lease is for five (5) years commencing on January 29,
2003, with the right on the part of Tenant to extend the term for five (5)
consecutive periods of five (5) years each. Tenant's right to assign the Lease
or sublease the premises which is the subject of the Lease is limited as set
forth in said Lease.
The Lease is incorporated herein by this reference, and words and
phrases used in this Memorandum which are not defined herein shall have the
meanings given to them in the Lease. In the event, and to the extent, that any
of the terms and provisions of this Memorandum are inconsistent with the terms
and provisions of the Lease, the terms and provisions of the Lease shall govern
and prevail.
This Memorandum may be executed in one or more separate counterparts,
each of which, when so executed, shall be deemed to be an original. Such
counterparts, together, shall constitute the one and the same instrument.
[SIGNATURES BEGIN ON NEXT PAGE]
LANDLORD TENANT:
M-F DOWNTOWN SUNNYVALE, LLC, HANDSPRING FACILITY COMPANY, a
Delaware limited liability company LLC, a Delaware limited liability company
By: M-D Ventures, Inc., a California By: Handspring, Inc. a Delaware
Corporation, its Manager corporation, its Managing Member
By: /s/ John Mozart By: /s/ Donna Dubinsky
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John Mozart
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Its President Its CEO
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________ )
On January __, 2003, before me, _______________________, personally
appeared John Mozart, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
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Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________ )
On January __, 2003, before me, _______________________, personally
appeared _______________________, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
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Notary Public