EX-10.1 First Amendment to Lease Agreements



 





Exhibit 10.1




FIRST AMENDMENT TO LEASE AGREEMENTS




     THIS
FIRST AMENDMENT TO LEASE AGREEMENT (“First Amendment”) is made and entered into this
22nd day of January, 2008, by and between NOBLEGENE DEVELOPMENT, LLC, a Tennessee
limited liability company (“Landlord”) and BIOMIMETIC THERAPEUTICS, INC., a Delaware corporation
(“Tenant”).



R E C I T A L S:




     WHEREAS, Landlord has leased to the Tenant certain premises in the Cool Springs Life
Sciences Center Building A (the “Building A”) as more particularly described in that certain Lease
Agreement dated January 1, 2007 between Landlord and Tenant (the “Building A Lease”);



     WHEREAS, Landlord has leased to the Tenant certain premises in the CSLSC Building C (the
“Building C”) as more particularly described in that certain Lease Agreement dated August 17, 2007
between Landlord and Tenant (the “Building C Lease”); and



     WHEREAS, Landlord and Tenant have mutually agreed to amend the Lease as set forth herein.



     NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Landlord and Tenant do hereby covenant and agree as follows:



     1. Operating Costs Definition. Sections 4.5 of the Building A Lease and the Building
C Lease are hereby amended to include the following exclusions from the definition of “Operating
Costs”:




	 	(n)	 	Landlord’s costs associated with leasing any space within the CSLSC, including
marketing costs and legal fees;






	 	(o)	 	Any costs associated with obtaining financing on the CSLSC, including closing
costs and legal fees; and






	 	(p)	 	Any costs relating to improvements for other tenants within the CSLSC.





     2. 2007 Operating Costs. Tenant agrees to pay Landlord the amount of $56,686.22 for
outstanding 2007 Operating Costs under the Building A Lease as more fully detailed in Schedule A.
Following this payment Tenant’s Operating Costs for 2007 under the Building A Lease shall be paid
in full.



[Signatures on next page]




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     IN WITNESS WHEREOF, the parties have executed this First Amendment to Lease Agreement as of
the day and date first above written.



	 	 	 	 	 
	 	“LANDLORD”:



NOBLEGENE DEVELOPMENT, LLC, a

Tennessee limited liability company

 	 
	 	By:  	/s/ John N. Weckesser
 	 
	 	Its:  	Managing
Member
 	 
	 	 	 	 
	 



	 	 	 	 	 
	 	“TENANT”:



BIOMIMENTIC THERAPEUTICS, INC., a

Delaware corporation

 	 
	 	By:  	/s/ Larry Bullock
 	 
	 	Its:  	Chief
Financial Officer
 	 
	 



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SCHEDULE A — OUTSTANDING 2007 BUILDING A OPERATING COSTS




	 	 	 	 	 
	TOTAL CONTRACT SERVICES
	 	 	140,607.66	 
	TOTAL REPAIR & MAINT
	 	 	33,963.48	 
	TOTAL UTILITIES
	 	 	 	 
	TOTAL GENERAL & ADMIN
	 	 	91,871.26	 
	TOTAL INSURANCE
	 	 	 	 
	TOTAL OPERATING EXPENSES
	 	 	402,732.73	 
	 
	 	 	 	 
	TOTAL 2006 PROPERTY TAX
	 	 	30,994.51	 
	TOTAL 2007 PROPERTY TAX
	 	 	57,624.00	 
	CREDIT
	 	 	(10,150.00	)
	 
	 	 	 	 
	GRAND TOTAL
	 	 	481,201.24	 
	 
	 	 	 	 
	PAYMENTS MADE BY BMTI
	 	 	(30,994.51	)
	MONTHLY PAYMENTS
	 	 	(366,620.65	)
	JUNE RECONCILIATION
	 	 	(9,439.86	)
	 
	 	 	 
	AMOUNT DUE
	 	 	74,146.22	 
	 
	 	 	 
	 
	 	 	 	 
	CORRECTION TO JUNE BILL
	 	 	40.00	 
	 
	SUBTOTAL
	 	 	74,186.22	 
	 
	LESS: LEGAL FEES
	 	 	(17,500.00	)
	 
	TOTAL AMOUNT DUE
	 	 	56,686.22	 
	 







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