Exhibit 10.15a
FIRST AMENDMENT TO LEASE AGREEMENT AND CONSENT
----------------------------------------------
THIS FIRST AMENDMENT TO LEASE AGREEMENT AND CONSENT (this "Amendment"),
made this 26th day of March, 1998, by and between CONTINENTAL STEWART WAREHOUSE
LIMITED PARTNERSHIP ("Landlord") and JOS. A. BANK CLOTHIERS, INC. ("Tenant"),
W I T N E S S E T H T H A T:
WHEREAS, Landlord and Tenant are the parties to that certain Lease
Agreement, dated May 11, 1994 (the "Lease"), pursuant to which Landlord leased
to Tenant 51,062 square feet of space, as shown on Exhibit A-1 to the Lease (the
"Premises"), located within a building known as Continental Stewart Warehouse,
4241 Brookhill Road, Baltimore City, Maryland 21215; and
WHEREAS, Landlord and Tenant have agreed to amend the Lease and enter into
certain other agreements as hereinafter set forth,
NOW THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Landlord and Tenant hereby amend the
Lease and agree as follows:
1. Section 41 of the Lease is hereby deleted in its entirety and the
following is hereby inserted in lieu thereof:
41. Early Termination Right. Landlord and Tenant agree that Tenant shall
have the one time only right to terminate this Lease prior to its scheduled
expiration, provided this Lease is in full force and effect, then free of
defaults by Tenant, under the following terms and conditions:
(a) Tenant shall send written notice to Landlord, certified mail,
return receipt requested, notifying Landlord of its intention to
exercise its right of early termination, which notice must be
received by Landlord on or before September 1, 1999;
(b) Provided Tenant has vacated the premises and left the premises
and Landlord equipment (whatever has not been replaced by Tenant
in the interim) in the condition required hereunder pursuant to
Section 28, at the time of the expiration of the term, this Lease
shall be deemed terminated effective February 29, 2000, and
neither party shall have any further liability to the other,
except Tenant shall remain liable to Landlord for any obligations
or liabilities that have accrued up to and including February 29,
2000, which liability shall survive the termination of this lease.
(c) In the event Tenant shall exercise its early termination right
as herein provided, notwithstanding the rental set forth in the
WITNESSETH paragraph of this Lease, the monthly installments of
rental for the period from September 1, 1999 through February 29,
2000 shall be $17,375.26, except as Landlord and Tenant may
otherwise agree.
2. Notwithstanding the amendment to Section 41 of the Lease as set forth in
paragraph 1 above, in the event Tenant shall lease space in the Bed, Bath and
Beyond Shopping Center in Naples, Florida, the monthly installments of rental
for the period from September 1, 1999 through February 29, 2000 shall be
$14,893.08.
3. Nothing in paragraphs 1 or 2 above is intended to, or shall, alter the
terms and conditions of the Lease with respect to the scheduled August 1, 1999
rental increase. Rental shall be as stated in the Lease except as specifically
amended hereby.
4. Landlord hereby consents to the sublease of the Premises to SourceOne,
L.L.C.; provided, however, that in no event shall such consent affect or limit
Tenant's continued liability under the Lease.
Except as specifically amended hereby, the Lease shall remain in full force
an effect according to its terms. To the extent of any conflict between the
terms of this Amendment and the terms of the remainder of the Lease, the terms
of this Amendment shall control and prevail. Capitalized terms used but not
defined herein shall have those respective meanings attributed to them in the
Lease. This Amendment shall hereafter be deemed a part of the Lease for all
purposes.
IN WITNESS WHEREOF, this Amendment is executed as of the day and year first
above written.
WITNESS: LANDLORD:
CONTINENTAL STEWART WAREHOUSE
LIMITED PARTNERSHIP
By: Continental Realty Corporation, Agent
/s/: Mary Patricia Baxter /s/: Gene Parker
_________________________ __________________________
Name: Gene Parker
Title: Vice President
WITNESS: TENANT:
JOS. A. BANK CLOTHIERS, INC.
/s/: Charles Frazer By: /s/: Timothy F. Finley
_________________________ __________________________
Timothy F. Finley, Chairman and Chief
Executive Officer