**Exhibit 10.1.6**

 

**FOURTHAMENDMENT TO LEASE**

**This Fourth Amendment to Lease**,made and entered into as of this 8th day of August, 2002by and between **Crocker Realty Trust, L.P.**(hereinafter referred to as “Lessor”), a Delaware limited partnership doingbusiness in Georgia as Crocker Realty, L.P., successor in interest toConnecticut General Life Insurance Company on behalf of its Separate Account R,and **Immucor, Inc.**, a Georgia corporation(hereinafter referred to as “Lessee”).

**WITNESSETH:**

**Whereas**, Lessor’s predecessor ininterest and Lessee entered into a Lease Agreement dated as of February 2, 1996for the Premises located in Suite 600 at 3130 Gateway Drive, and Suite 400,450, and 500 at 3150 Gateway Drive, Norcross, Georgia 30071, containing 47,452square feet, which was amended by that certain First Amendment to the LeaseAgreement dated March 8, 1998 and which was further amended by that certainSecond Amendment to Lease Agreement dated August 18, 1998 and which was furtheramended by that certain Third Amendment dated August 19, 1999 (such LeaseAgreement as so amended by the First Amendment, Second Amendment and ThirdAmendment is hereinafter referred to as the “Lease).

**Whereas**, Lessor and Lesseedesire to further amend the Lease in certain respects:

**Now, Therefore,**in considerationof the Premises, the sum of Ten and no/100 Dollars ($10.00) in hand paid byLessee to Lessor, and for other good and valuable consideration, the receiptand sufficiency of which is hereby acknowledged, the parties hereto agree asfollows:

1.                                      Premises:

As of December 1, 2002, the Premises shall be expandedto include 5,241 rentable square feet in Suite 200 at 7000 Peachtree IndustrialBoulevard, Norcross, Georgia 30071 (hereinafter referred to as the “ExpansionPremises” and attached hereto as Exhibit “A”). The new size of the Premises shall be 72,384 rentable square feet.

2.                                      Extension:

In further reference to Paragraph 1 of the FirstAmendment and Paragraph 2 of the third Amendment, the Lease shall be extendedfor twenty-seven (27) months from August 31, 2005 to November 30, 2007 (the “TerminationDate”).

3.                                      BaseRate:

The base rent for the Expansion Premises shall be asfollows:
| **Period**               | ** ** | **Per Square Foot** | ** ** | **Period Total** | ** ** | **Monthly** | ** ** |
|--------------------------|------------|-------------------------------|------------|-----------------------|------------|-------------|------------|
| 12/1/02 –  11/30/03 |       | $                             | 8.39       |                  | $          | 43,971.99   |       | $ | 3,664.33 |   |
| 12/1/03 –  11/30/04 |       | $                             | 8.73       |                  | $          | 45,730.87   |       | $ | 3,810.91 |   |
| 12/1/04 –  11/30/05 |       | $                             | 9.07       |                  | $          | 47,560.10   |       | $ | 3,963.34 |   |
| 12/1/05 –  11/30/06 |       | $                             | 9.44       |                  | $          | 49,462.51   |       | $ | 4,121.88 |   |
| 12/1/06 – 11/30/07  |       | $                             | 9.82       |                  | $          | 51,441.01   |       | $ | 4,286.75 |   |

 

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In further reference to Section 3 and SpecialStipulation 36 of the Lease, Lessee shall pay rent on the entire Premises basedon the following schedule:
| **Period**               | ** ** | **Per Square Foot** | ** ** | **Period Total** | ** ** | **Monthly** | ** ** |
|--------------------------|------------|-------------------------------|------------|-----------------------|------------|-------------|------------|
| 12/1/02 –  11/30/03 |       | $                             | 8.39       |                  | $          | 607,301.76  |       | $ | 50,608.48 |   |
| 12/1/03 –  11/30/04 |       | $                             | 8.73       |                  | $          | 631,593.83  |       | $ | 52,632.82 |   |
| 12/1/04 –  11/30/05 |       | $                             | 9.07       |                  | $          | 656,857.58  |       | $ | 54,738.13 |   |
| 12/1/05 –  11/30/06 |       | $                             | 9.44       |                  | $          | 683,131.89  |       | $ | 56,927.66 |   |
| 12/1/06 – 11/30/07  |       | $                             | 9.82       |                  | $          | 710,457.16  |       | $ | 59,204.76 |   |

 

4.                                       ImprovementAllowance:

Lessor shall provide a Tenant Improvement Allowance toLessee pursuant to the provisions in the attached Exhibit “B”.

5.                                       Pro-RataShare:

Tenant’s pro-rata share of the entire Property forcalculation purposes shall be thirty-three and 06/100 percent (33.06%).

6.                                       Section38, Renewal Option, of the Lease shall be based upon the new expiration date asset forth in Paragraph 2, above.

7.                                       ExpansionOption:

Provided no material Event of Default by Tenant hasoccurred, Tenant shall have the first refusal to lease the area identified onExhibit “A” to this Fourth Amendment to Lease Agreement as the Option Spaceknown as Suite 100 and Suite 300 containing 2,606 square feet and 6,459 squarefeet respectively (herein so called) on the following terms and conditions:

(a)                                  Inthe event of a bona fide offer for any part of the Option Space, Landlord shallgive written notice (the “Notice”) to Tenant specifying the terms of suchoffer, and Tenant shall have the option to lease the portion of the OptionSpace described in the Notice upon the terms stated in the Notice.  As used herein, “bona fide offer” shall meaneither a binding or non-binding letter of intent or proposal to or from aspecific prospective tenant containing a statement of the material economicterms for a lease of the Option Space.

(b)                                 Landlordmust receive written notice from Tenant of its unconditional and irrevocableacceptance of the terms stated in the Notice no later than five (5) days afterTenant’s receipt of the Notice; failing which, Landlord shall be free for aperiod of three hundred sixty-five (365) days thereafter to lease all or anypart of 

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the Option Space, and in connection with such leasing,Landlord may agree to changes to the terms stated in the Notice without Tenant’sconsent or approval so long as such changes are the result of arm’s-lengthnegotiations between Landlord and a prospective tenant and not the result ofbad faith or collusion.  To the extent(and only to the extent) any part of the Option Space has not been so leased orbecomes available again at the end of such 365-day period, Tenant’s right ofrefusal under this Paragraph shall remain in effect.

(c)                                  IfLandlord has received written notice from Tenant of its unconditional andirrevocable acceptance of the terms stated in the Notice not later than five(5) days after Tenant’s receipt of the Notice, the portion of the Option Spacedescribed in the Notice shall be deemed added to the Premises, Landlord shalldeliver such portion of the Option Space to the Tenant at the time and in thecondition described in the Notice, Tenant shall commence payment of MinimumRent and Additional Rent with respect to such portion of the Option Space inaccordance with the terms of the Notice, and all other terms of Tenant’sleasing and occupancy of such portion of the Option Space shall be as providedin the Lease except as otherwise provided in the Notice.  When requested by Landlord, Tenant shallexecute an appropriate amendment to this Lease to reflect the addition of suchportion of the Option Space to the Premises.

Except as expresslyamended hereby, the Lease shall remain in full force and effect.

**In Witness Whereof**, the partieshereto have set their hand and seal as of the day and year first above written.
|                              | **Lessor:**                                 |                                   |
|------------------------------|---------------------------------------------|----------------------------------------|
| ** **                   | ** **                                  |                                   |
| Signed, Sealed and Delivered | **Crocker Realty Trust, L.P.,** a  Delaware |
| in the presence of:          | limited partnership doing business in       |
|                         | Georgia as Crocker Realty, L.P.             |                                   |
|                         |                                        |                                   |
|  /s/ Kim K. Chase       |                                        | **By:**                                | **CRT-GP, LLC,** a Delaware  limited |
| Printed Name:                | Kim K. Chase                                |                                   | liability company, its sole general partner |
|                         |                                        |                                   |   |
|  /s/ Donna E. Green     |                                        | **By:**                                | **Crocker Operating Partnership,** |
| Printed Name:                | Donna E. Green                              |                                   | **L.P.,** a Delaware limited  partnership, its sole |
|                         |                                        | member                                 |   |
|                         |                                        |                                   |   |
| ** **                   | ** **                                  | **By:**                                | **Crocker Realty Trust, Inc.,** a |
|                         |                                        | Maryland corporation, its sole general |
|                         |                                        | partner                                |
|                         |                                        |                                   |
| ** **                   | ** **                                  | **By:**                                |  /s/ Christopher L. Becker |
|                         |                                        |                                   | Name: | Christopher L. Becker |
|                         |                                        |                                   | Title: | Vice President |
|                              |                                             |                                        |  |  |  |  |  |

 

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|                              | ** ** |                       | **[Corporate  Seal]         ** |
|------------------------------|------------|----------------------------|-----------------------------------------------------------------------------|
| ** **                   | ** ** |                       | ** **                                                                  |
| ** **                   | ** ** |                       | ** **                                                                  |
| Signed, Sealed and Delivered |       | **Lessee: Immucor, Inc.,** |
| in the presence of:          |       | a Georgia Corporation      |
|                         |       |                       |
|                         |       | **By:**                    |     /s/ Ralph A. Eatz                                   |
| Printed Name:                |       |                       | **Name:**                                                                   |     Ralph A. Eatz |
| ** **                   | ** ** | **Its:**                   |     Senior Vice President                               |
|                         |       |                       |                                                                        |
|                         |       |                       |                                                                        |
| Printed Name:                |       |                       |                                                                        |   |
|                         |       |                       |                                                                        |
| ** **                   | ** ** |                       | **[Corporate  Seal]         ** |
|                              |            |                            |                                                                             |  |  |  |  |

 

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**EXHIBIT “A”**

**FloorPlans for Expansion Premises**

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**EXHIBIT “B”**

**TenantImprovements[Tenant Builds]**

Landlordhas made no representation or promise as to the condition of the Premises.  Landlord shall not perform any alterations,additions, or improvements in order to make the Premises suitable and ready foroccupancy and use by Tenant.  Tenant hasinspected the Premises, is fully familiar with the physical condition of thePremises, and shall accept the Premises “as is,” “where is,” without anywarranty, express or implied, or representation as to fitness or suitability.

Tenantshall perform all work necessary or desirable for Tenant’s occupancy of thePremises (the “**Tenant Improvements**”).  Tenant shall furnish to Landlord, forLandlord’s written approval, a permit set (final construction drawings), ifapplicable, of plans and specifications for the Tenant Improvements (the “**Plans**”).  If and tothe extent appropriate, considering the nature of the improvements, the Plansshall include the following if applicable: fully dimensioned architectural plan; electric/telephone outlet diagram;reflective ceiling plan with light switches; mechanical plan; furniture plan;electric power circuitry diagram; plumbing plans; all color and finishselections; all special equipment and fixture specifications; and firesprinkler design drawings.

ThePlans shall comply with all applicable laws, ordinances, directives, rules,regulations, and other requirements improved by any and all governmentalauthorities having or asserting jurisdiction over the Premises.  Landlord shall review the Plans and eitherapprove or disapprove them, in Landlord’s sole discretion, within a reasonableperiod of time.  Should Landlorddisapprove them, Tenant shall make any necessary but reasonable modificationsand resubmit the Plans to Landlord in final form within ten days followingreceipt of Landlord’s disapproval of them. The approval by Landlord of the Plans and any approval by Landlord ofany similar plans and specifications for any other Alterations or thesupervision by Landlord of any work performed on behalf of Tenant shall not (i)imply Landlord’s approval of the plans and specifications as to quality ofdesign or fitness of any material or device used; (ii) imply that the plans andspecifications are in compliance with any codes or other requirements ofgovernmental authority (it being agreed that compliance with these requirementsis solely Tenant’s responsibility); (iii) impose any liability on Landlord toTenant or any third party; or (iv) serve as a waiver or forfeiture of any rightof Landlord.  The Tenant improvementsshall be constructed by a general contractor selected and paid by Tenant andapproved by Landlord.  A copy of thecontractor’s license(s) to do business in the jurisdiction(s) in which thePremises are located, the fully executed contract between Tenant and thegeneral contractor, the general contractor’s work schedule, and all building orother governmental permits required for the Tenant improvements shall bedelivered to landlord prior to commencement of the Tenant Improvements.  Tenant shall cooperate as reasonablynecessary so that its general contractor will cause the Tenant improvements tobe completed promptly and with due diligence. The Tenant improvements shall be performed in accordance with the Plans andshall be done in a good and workmanlike manner using new materials.  All work shall be done in compliance with allother applicable provisions of this Lease and with all applicable laws,ordinances, directives, rules, regulations, 

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and otherrequirements of any governmental authorities having or asserting jurisdictionover the Premises.  Prior to thecommencement of any work by Tenant, Tenant shall furnish to Landlordcertificates evidencing the existence of builder’s risk, comprehensive generalliability, and workers’ compensation insurance complying with the requirementsset forth in the insurance section of this Lease.  Any damage to any part of the BuildingProject that occurs as a result of the Tenant improvements shall be promptlyrepaired by Tenant.

Tenantshall also ensure compliance with the following requirements concerningconstruction:

1.                                       Tenantand all construction personnel shall abide by Landlord’s job site rules andregulations and fully cooperate with Landlord’s construction representatives incoordinating all construction activities in the Building Project, including,but not limited to, rules and regulations concerning working hours and parking.

2.                                       Tenantshall be responsible for cleaning up any refuse or other materials left behindby construction personnel at the end of each work day.

3.                                       Tenantshall deliver to Landlord all forms of approval provided by the appropriatelocal governmental authorities to certify that the Tenant Improvements havebeen completed and the Premises are ready for occupancy, including, but notlimited to, a final, unconditional certificate of occupancy.

4.                                       Atall times during construction, Tenant shall allow Landlord access to thePremises for inspection purposes.  Oncompletion of the Tenant Improvements, Tenant’s general contractor shall reviewthe Premises with Landlord and Tenant and secure the Landlord’s and Tenant’sacceptance of the Tenant Improvements.

Ifand for as long as Tenant is not in default under this Lease beyond anyapplicable grace period, Tenant shall be entitled to a fixed price TenantImprovement Allowance in the amount of $42,000.00.  The Tenant Improvement Allowance shall bepaid to Tenant in reimbursement for the total out of pocket costs paid byTenant for the Tenant Improvements.  Ifthe total amount paid by Tenant for the Tenant Improvements is less than theTenant Improvement Allowance, Tenant shall not receive cash or any creditagainst rent due under this Lease for the unused portion of the allowance.  The Tenant Improvement Allowance shall bepaid within 21 days after all of the following events have occurred:  (i) the Tenant Improvements have beensubstantially completed by June 1, 2003; (ii) Tenant has delivered to Landlordfinal releases of lien from Tenant’s general contractor and all lienors givingnotice and a final contractor’s affidavit from the general contractor and allother receipts and supporting information concerning payment for the work thatLandlord may reasonably request; (iii) Tenant has moved into the Premises and openedfor business in the Premises; and (iv) Tenant has paid the rent due for thefirst month of the Lease Term.  Tenantshall provide Landlord with true copies of bills paid by Tenant for the TenantImprovements, and Landlord shall reimburse Tenant for the amount set forth inthe bills up to the amount of the allowance. At Landlord’s option, the Tenant Improvement Allowance or any portion ofit may be paid by Landlord directly to the general contractor performing theTenant Improvements or to any lienor giving notice.  If Tenant is in default under this Lease 

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beyond anyapplicable grace period, Landlord may, in addition to all its other availablerights and remedies, withhold payment of any unpaid portion of the TenantImprovement Allowance, even if Tenant has already paid for all or a portion ofthe cost of the Tenant Improvements.

TheTenant Improvement Allowance is being paid by Landlord as an inducement toTenant to enter into this Lease and as consideration for the execution of thisLease by Tenant and the performance by Tenant under this Lease for the fullLease Term.  If after Tenant has beengranted all or any portion of the allowance, the Lease Term is thereafterterminated by virtue of a default by Tenant or Landlord resumes possession ofthe Premises consequent on a default by Tenant, and Landlord is precluded byapplicable law from collecting the full amount of damages attributable to thedefault as provided in the Default section of this Lease, then, in addition toall other available damages and remedies, Landlord shall also be entitled torecover from Tenant the unamortized portion (calculated using an interest rateof 12% per annum compounded monthly) of the Tenant Improvement Allowance, whichsum shall not be deemed rent. This obligation of Tenant to repay theunamortized balance of the Tenant Improvement Allowance to Landlord shallsurvive the expiration or sooner termination of the Lease Term.

TheTenant Improvement Allowance provisions of this exhibit shall not apply to anyadditional space added to the original Premises at any time after the Date ofthis Lease, whether by any options under this Lease or otherwise, or to anyportion of the original Premises or any additions to the Premises in the eventof a renewal or extension of the initial Lease Term, whether under any optionsunder this Lease or otherwise, unless expressly so provided in this Lease or anamendment to this Lease.

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