a5463757ex10_d.htm


    Exhibit
      10 (d)

    


    FIRST
      AMENDMENT TO

    INDUSTRIAL
      LEASE AGREEMENT


    


    


    THIS
      FIRST AMENDMENT TO INDUSTRIAL LEASE AGREEMENT(The First Amendment) is
      made this _____ day of June, 2007, by and between LIBERTY
      PROPERTY/SYNTERRA LIMITED PARTNERSHIP, a Pennsylvania limited
      partnership (“Landlord”) and TASTY BAKING
      COMPANY, a Pennsylvania corporation
      (“Tenant”).


     

    W
      I T N E
      S S E T H:

    


    WHEREAS,
      Landlord and Tenant entered into an Industrial Lease Agreement dated May 8,
      2007
      (the “Lease”) for an approximately 25 acre lot located within
      the Navy Yard, Philadelphia, Pennsylvania as more particularly described in
      the
      Lease (the “Premises”);

    


    WHEREAS,
      under the terms of Paragraph 30(d) (Lease Contingencies), Landlord may terminate
      the Lease if, on or before the date that is thirty (30) days after May 8, 2007
      (i.e. June 7, 2007), Landlord (or Landlord’s Affiliate) and Tenant have not
      entered into a lease (the “Office Lease”) for approximately
      35,000 square feet of office space in an office building to be constructed
      by an
      Affiliate of Landlord in the Navy Yard and commonly known as Three Crescent
      Drive (the “Office Lease Contingency”);

    


    WHEREAS,
      Landlord and Tenant wish to extend the Office Lease Contingency for the Office
      Lease until June 15, 2007.

    


    NOW,
      THEREFORE, intending to be legally
      bound, Landlord and Tenant hereby agree the Office Lease Contingency has been
      extended to June 15, 2007.  All other terms of the Lease are in full
      force and effect.

    


    This
      First Amendment may be executed by
      the parties hereto and any number of separate counterparts, all of which, when
      delivered, shall together constitute one and the same agreement.

    


    This
      First Amendment may be executed by
      facsimile signature which shall, for all purposes, serve as an original executed
      counterpart of the First Amendment upon delivery of an executed copy here by
      facsimile.

     

    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    IN
      WITNESS
      WHEREOF, Landlord and Tenant have executed this First Amendment as of the day
      and year first above written.

     

    
      Landlord:

      


      LIBERTY
        PROPERTY/SYNTERRA

      LIMITED
        PARTNERSHIP

      


      By:  Liberty
        Property Philadelphia Navy Yard

              Limited
        Partnership, its General Partner

      


             By:  Liberty
        Property Philadelphia Navy

                    Yard
        Corporation, its General Partner

       

      
        	 	
                 

              	 
	 	
                 

              	
                By:

              	 	 
	 	 	
                John
                  S. Gattuso

              
	 	 	
                Senior
                  Vice President

              
	 	 	 
	 	 	 
	 	 	 


      

       

      
        
          	 	 	Tenant:
	 	 	 
	 	 	TASTY
                  BAKING COMPANY 
	 	 	 
	 	
                   

                	 
	 	
                   

                	
                  By:

                	 	 
	 	 	Name:
                  Larry Weilheimer 	 
	 	 	Title:
                  	 	 
	 	 	 
	 	 	 
	 	 	 


        

      

    

     

     

     

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