EX-10.7



 Exhibit 10.7 

FOURTH AMENDMENT TO LEASE 

(Albuquerque, NM) 
 THIS FOURTH
AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of the 29th day of January, 2018, by and between Syufy Properties, Inc., a California corporation
(“Landlord”) and Century Theatres, Inc., a California corporation (“Tenant”). Capitalized terms used in this Amendment without definition shall have the meanings ascribed to such terms in the Lease (as hereinafter
defined). 
 RECITALS 

A.    SYNM Properties, Inc., a New Mexico corporation (“Original Landlord”), and Century Theatres Inc., a
Delaware corporation (“Original Tenant”), entered into that certain Lease, dated July 1, 1996 (as amended, the “Lease”), pursuant to which Original Landlord leased to Original Tenant that certain Premises located at 4901 Pan
American Freeway, NE, Albuquerque, NM 87109, which Premises are more particularly described in the Lease. 

B.    Landlord and Tenant have succeeded to the interests and assumed the obligations of Original Landlord and Original
Tenant, respectively, under the Lease. 
 C.    Tenant intends to serve alcoholic beverages on the Premises and has made
application for the appropriate licenses and permissions, both state and local. Tenant has requested that Landlord execute certain documentation required by the local municipality, in which Landlord acknowledges alcoholic beverages will be served on
the Premises, and in conjunction therewith, Landlord has asked Tenant to provide additional liability insurance for the benefit of Landlord. 

D.    Landlord and Tenant now desire to amend and modify the Lease in several respects upon the terms and conditions
contained herein. 
 AGREEMENTS 

NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements herein contained, Landlord and Tenant hereby agree
that the Lease shall be and is hereby amended as follows: 
 1.    Recitals Incorporation. All of the provisions of the Recitals
set forth above are incorporated into this Agreements section of this Amendment. 
 2.    Tenant’s Planned Use. Landlord
hereby acknowledges that Tenant’s Planned Use under the Lease includes Tenant’s right to sell and serve alcoholic beverages in and upon the Premises. However, at all times during any period that Tenant sells or serves alcoholic beverages
in or upon the Premises, Tenant shall comply with all local, state and federal laws, codes, statutes and ordinances related to the sale or serving of alcoholic beverages, including, but not limited to, all laws, codes, statutes and ordinances
promulgated or enforced by the New Mexico Alcohol and Gaming Division. Notwithstanding anything in the Lease to the contrary, Tenant acknowledges, understands and agrees that all of the proceeds from the sale of alcoholic beverages in or upon the
Premises shall be included in the definition of Gross Sales and for the purpose of calculating the amount of Percentage Rent due under the Lease. 

  
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 3.    Tenant’s Insurance. 

(a)    The following is added to the end of Section 6.02 A) of the Lease: 

“At all times during any period that Tenant sells or serves alcoholic beverages in or upon the Premises, Tenant shall also procure and
maintain, as a component of Tenant’s commercial general liability insurance policy, coverage for liquor liability (Dram Shop) insurance in a minimum amount of $1,000,000 per occurrence (or each common cause) and in a minimum amount of
$1,000,000 in the aggregate. Prior to the commencement of, and as a condition precedent to, Tenant selling or serving alcoholic beverages in or upon the Premises, Tenant shall deliver to Landlord a certificate of liability insurance that evidences
that Tenant has procured such liquor liability (Dram Shop) insurance coverage.” 
 (b)    Pursuant to
Section 6.01 of the Lease, Landlord hereby requests Tenant, and Tenant hereby agrees, to name the following as additional insureds under Tenant’s commercial liability insurance policies and as loss payees under Tenant’s property
insurance policies: Landlord, SyWest Development LLC, Syufy Enterprises, L.P., Landlord’s property manager (if any) and Landlord’s lender (if any). 

4.    Tenant’s Indemnification of Landlord. The following is added to the end of Section 10.01 of the Lease: 

“Tenant’s obligations under this Section 10.01 shall also apply and extend to Tenant selling and serving alcoholic beverages in,
upon or about the Premises.” 
 5.    Tenant’s CUP Application. In consideration of Tenant’s covenants, conditions
and agreements herein contained, Landlord shall approve and shall execute any reasonable document related to Tenant’s conditional use permit application to the City of Albuquerque, New Mexico, to allow Tenant to sell and serve alcoholic
beverages in and upon the Premises. 
 6.    Lease in Full Force and Effect. Effective as of the date of this Amendment, the
provisions of this Amendment are expressly incorporated into the provisions of the Lease, and the provisions of this Amendment shall become effective on the date of this Amendment, unless a different date for the effectiveness of a provision of this
Amendment is specifically indicated herein. Except as specifically amended by this Amendment, the Lease shall continue in full force and effect for the balance of the Lease Term. In the event of any conflict between the provisions of the Lease and
the provisions of this Amendment, the provisions of this Amendment shall supersede and prevail. 
 7.    Authority. Tenant
represents and warrants to Landlord that Tenant is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Tenant’s execution of this Amendment have been
obtained. Landlord represents and warrants to Tenant that Landlord is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Landlord’s execution of this
Amendment have been obtained. 
 8.    Counterparts. This Amendment may be executed in any number of counterparts, each of which
shall be deemed to be an original, but any number of which, taken together, shall constitute one and the same instrument. This Amendment shall not become effective as an amendment or modification to the Lease unless and until it has been executed
and delivered by Landlord and Tenant. 
 9.    Successors and Assigns. This Amendment shall bind, and inure to the benefit of,
the parties hereto and their respective successors and assigns. 
 10.    Further Instruments. The parties hereto covenant and
agree that they shall execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the objectives of this Amendment. 

  
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 11.    No Oral Agreements. This Amendment contains the entire agreement between
Landlord and Tenant with respect to the subject matter hereof. It is understood that there are no oral agreements between Landlord and Tenant affecting the Lease as hereby amended, and this Amendment supersedes and cancels any and all previous
negotiations, representations, agreements and understandings, if any, between Landlord and Tenant and their respective agents and employees with respect to the subject matter hereof, and none shall be used to interpret or construe the Lease as
hereby amended. Except as herein otherwise provided, no alteration, amendment, change, or addition to the Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant. 

IN WITNESS WHEREOF, Landlord and Tenant have entered into this Amendment as of the date first written above. 

 

									
	LANDLORD:	 		 		 	TENANT:
				
	 Syufy Properties, Inc.,
 a
California corporation
	 		 		 	 Century Theatres, Inc.,
 a
California corporation

					
	By:	 	 /s/ William Vierra
	 		 	By:	 	 /s/ Thomas J. Owens

		 	William Vierra	 		 		 	Thomas J. Owens
	Its:	 	Sr. Vice President	 		 	Its:	 	Executive Vice President – Real Estate


  
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