EX-10.1



 Exhibit 10.1 

LEASE AGREEMENT 
 THIS
AGREEMENT OF LEASE is made by and between ESL 200, LLC doing business at 210-A Sylvan Avenue, Englewood Cliffs, New Jersey 07632 (hereinafter referred to as “Landlord”); and ASTA FUNDING, INC., a New Jersey Corporation, doing business at
210 Sylvan Avenue, Suite #1, Englewood Cliffs, New Jersey 07632 (hereinafter referred to as “Tenant”). 
 W I T N E S S E T H:

 IN CONSIDERATION of the mutual promises and covenants herein contained, the Landlord and Tenant agree as follows: 

ARTICLE 1. DEMISED PREMISES AND TERM 

1.01. The Landlord hereby leases to the Tenant the following premises, all located in Englewood Cliffs, New Jersey 07632 and hereinafter
collectively referred to as the “Leased Premises”: 
 a. 10,487 sq. ft. of commercial office space on the first floor of 210
Sylvan Avenue, designated as Suite #1; 
 b. 2,110 sq. ft. of commercial office space on first floor of 200 Sylvan Avenue, designated as
Suite #1; 
 c. 567 sq. ft. on the first floor of 200 Sylvan Avenue for use as storage space; and 

d. 428 sq. ft. on the second floor of 210 Sylvan Avenue for use as a computer server room. 

1.02. The term of the within Lease shall be for a period of five (5) years, commencing on September 1, 2015 and ending on
August 31, 2020. However, the term of the lease for the 428 sq. ft. on the second floor of 210 Sylvan Avenue shall commence on September 1, 2015 and end on December 31, 2015, at which time the Lease for that space will terminate. 

ARTICLE 2. RENT 
 2.01.
The Tenant covenants and agrees to pay the Landlord as Base Rent, for and during the term hereof, in the following manner: 
 $18.50 per sq.
ft. for all square footage leased hereunder with the exception of the 567 sq. ft. of storage space on the first floor of 200 Sylvan Avenue, the rent for which shall be in the amount of $650.00 per month. 

2.02. All rent installments paid herein shall be due and payable on the first day of each month, in advance. Tenant shall have a grace period
of five (5) days in the payment of any monthly installment. Thereafter, a late charge of five percent (5%) of the then monthly installment shall be due and payable with rent received after the fifth of any month. Said surcharge shall be
deemed additional rent herein. 
 2.03 At the conclusion of the first full lease year and every lease year thereafter, the rent for the
subject premises shall be the Adjusted Base Rent as calculated below. 
 The Adjusted Base Rent shall be determined by applying fluctuations
in the Consumer Price Index (CPI-W) for the New York Metropolitan Area to the Base Rent as follows: 
 The Adjusted Base Rent shall be
determined by multiplying the Base Rent by a fraction, the numerator of which shall be the Consumer Price Index for the month preceding the conclusion of the first full lease year and each lease year thereafter, as the case may be, and the
denominator of which shall be the Consumer Price Index for the Base Date. The Base Date shall be August 2015. The resulting sum, if greater than the Annual Rent set forth in paragraph 2.01, shall be the Annual Base Rent payable in twelve equal
monthly installments. In no event shall the Adjusted Base Rent for any lease year be lower than the Adjusted Base Rent for the prior lease year. 







 ARTICLE 3. USE OF PREMISES 

3.01. Tenant shall use the Leased Premises solely for office use, with the exception of the 567 square feet of space on the first floor of 200
Sylvan Avenue which shall be used solely for storage and the 428 sq. ft. on the second floor of 210 Sylvan Avenue for use as a computer server room. 

3.02. Tenant will not use or permit or suffer the use of the Leased Premises for any other purpose. Any use or purpose to which the Tenant
shall put the Leased Premises shall be in compliance with all Federal, State, County, Municipal and other regulatory authorities’ laws, ordinances, orders, rules and regulations. No auction, fire or bankruptcy sales may be conducted in the
Leased Premises without the previous written consent of Landlord. 
 3.03. Tenant shall not occupy or use the Leased Premises for any
purpose that shall be deemed unlawful, disreputable or extra hazardous on account of fire or other casualty. 
 ARTICLE 4. ASSIGNMENT AND
SUBLETTING 
 4.01. The Tenant may not assign or sublet this Lease or allow a concessionaire to utilize all or any part of the demised
premises. 
 ARTICLE 5. MAINTENANCE OF LEASED PREMISES 

5.01. Tenant shall at all times keep the Leased Premises (including maintenance of interior entrances and glass and window moldings) and all
partitions, doors, fixtures, equipment and appurtenances thereof and therein (including lighting, heating, air conditioning and plumbing fixtures) in good order, condition and repair, damage by unavoidable casualty excepted, except for repairs to
structural portions of the premises, the common areas and the building heating and air-conditioning system, which shall be the responsibility of the Landlord. If Landlord is required to make repairs to structural portions or common elements by
reason of Tenant’s wrongful or negligent acts or omission to act, such repairs shall be Tenant’s responsibility and Landlord may add the cost of such repairs to the rent which shall thereafter become due. 

5.02. If Tenant refuses or neglects to repair and maintain the Leased Premises as required hereunder and to the reasonable satisfaction of
Landlord as soon as reasonably possible after written demand, Landlord may make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s merchandise, fixtures, or other property or to Tenant’s business by
reason thereof. Upon completion thereof, Tenant shall pay Landlord’s costs for making such repairs plus ten percent (10%) for overhead, upon presentation of bill therefore, as additional rent. Said bill shall include interest at the prime
rate published by The Wall Street Journal or the maximum legal interest rate permitted by New Jersey law, whichever is greater and whichever is permitted under the New Jersey law to be charged as a maximum on said cost from the date of
completion of repairs by Landlord. 
 5.03. The Tenant has examined the Leased Premises and has entered into this Lease without any
representation on the part of the Landlord as to the condition thereof. The Tenant shall take good care of the Leased Premises and shall at the Tenant’s own costs and expense, make all repairs, including painting and decorating, and shall
maintain the Leased Premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver up the Leased Premises in good condition and state of repair, wear and tear from reasonable use thereof, and
damage by the elements not resulting from the neglect or fault of the Tenant excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean
condition, free from debris, trash and refuse. 
 5.04. No alterations, additions or improvements shall be made, and no climate regulating,
air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment apparatus and fixtures, shall be installed in or attached, to the Leased Premises, without the written consent of the Landlord. Tenant shall
provide 







 
copies of detailed plans for all alterations, additions or improvements to be made by the Tenant prior to the Tenant commencing any alterations, additions or improvements. Unless otherwise
provided herein, all such alterations, additions or improvements and systems, when made, installed in or attached to the Leased Premises, shall belong to and become the property of the Landlord and shall be surrendered with the premises and as part
thereof upon the expiration or sooner termination of this lease, without hindrance, molestation or injury, including but not limited to the HVAC unit in the computer server room on the second floor of 210 Sylvan Avenue. 

5.05. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements and directives of the Federal, State and
Municipal Governments or Public Authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the said premises, their use and occupancy, for the correction, prevention and abatement of nuisances, violations or
other grievances in, upon or connected with the said premises, during the term hereof; and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance
companies which have issued or are about to issue policies of insurance covering the said premises and its contents, for the prevention of fire or other casualty, damage or injury, at the Tenant’s own cost and expense. 

5.06. The Tenant agrees to replace, at the Tenant’s expense, any and all glass that may become broken in and on the Leased Premises. 

5.07. Tenant herein accepts the Leased Premises in “as is” condition without any representation or warranty as to use or condition
of the Leased Premises and agrees to keep the Leased Premises in good condition and repair. 
 5.08. Tenant shall be responsible for all
cleaning and refuse removal services for the Leased Premises. 
 5.09. The Tenant shall not place nor allow to be placed any signs of any
kind whatsoever, upon, in or about the Leased Premises or any part thereof, except of a design and structure and in or at such places as may be indicated and consented to by the Landlord in writing. In case the Landlord or the Landlord’s
agents, employees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, alterations or improvements in or upon said premises or any part thereof, they may be so removed, but shall be replaced at
the Landlord’s expense when the said repairs, alterations or improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or other laws and regulations applicable thereto.

 5.10. The Tenant shall assume the responsibility of securing a Certificate of Occupancy for the purposes of operating the business set
forth in Article 3 hereof. 
 ARTICLE 6. UTILITIES 

6.01. Tenant shall also be responsible for 17.8% of all electricity, gas and water consumed within and servicing 200 Sylvan Avenue, in which a
portion of the Leased Premises is a part. Said payment shall be made in a lump sum, upon thirty (30) days written notice from the Landlord herein, or in monthly payments, as determined by the Landlord. The payment of said utility costs shall be
deemed additional rent. All space occupied by the Tenant in 210 Sylvan Avenue is separately metered and Tenant shall pay all costs for utilities, including electricity, gas and water, directly to the applicable public utility. 

ARTICLE 7. CONDEMNATION 

7.01. If the land and premises leased herein, or of which the Leased Premises is a part, or any portion thereof, shall be taken under eminent
domain or condemnation proceedings, or if suit or other action shall be instituted for the taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, the Landlord shall grant an option to purchase and or shall
sell and convey the said premises or any portion thereof, to the governmental or other public authority, agency, body or public utility, seeking to take said land and premises or any portion thereof, then this lease, at the option of the Landlord,
shall terminate, and the term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant shall have no claim or right to claim or be entitled to any portion 







 
of any amount which may be awarded as damages or paid as the result of such condemnation proceedings or paid as the purchase price for such option, sale or conveyance in lieu of formal
condemnation proceedings; and all rights of the Tenant to damages, if any, are hereby assigned to the Landlord. The Tenant agrees to execute and deliver any instruments, at the expense of the Landlord, as may be deemed necessary or required to
expedite any condemnation proceedings or to effectuate a proper transfer of title to such governmental or other public authority, agency, body or public utility seeking to take or acquire the said lands and premises or any portion thereof. The
Tenant covenants and agrees to vacate the said premises, remove all of the Tenant’s personal property therefrom and deliver up peaceable possession thereof to the Landlord or to such other party designated by the Landlord in the aforementioned
notice. Failure by the Tenant to comply with any provisions in this clause shall subject the Tenant to such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant’s breach hereof. 

ARTICLE 8. MORTGAGE SUBORDINATION, ATTORNMENT 

AND TENANT STATEMENTS 

8.01. Within ten (10) days after request therefore by Landlord, or in the event that upon any sale, assignment or hypothecation of the
Leased Premises and/or the land thereunder by Landlord, an offset statement, estoppel certificate or similar document shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or
to Landlord, certifying (if such be the case) that this Lease is in full force and effect and that there are not defenses or offsets thereto, or stating with specificity those claimed by Tenant, and containing such other information as Landlord may
request. 
 8.02. Tenant shall, in the event that any proceedings are brought for the foreclosure of, or in the event of exercise of the
power of sale under any mortgage made by Landlord covering the Leased Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this lease. 

8.03. Upon request of Landlord, Tenant will subordinate its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting
from any other method of financing or refinancing, now or hereafter in force against the land and buildings of which the Leased Premises are a part or upon any buildings hereafter placed upon the land of which the Leased Premises are a part, and to
all advances made or hereafter to be made upon the security thereof. This Lease shall be subject and subordinate at all times to any ground or underlying lease and all renewals, modifications, amendments and extensions thereof. This section shall be
self-operative and no further instrument of subordination shall be required by any mortgagee or other lienor. 
 8.04. Tenant, upon request
of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of Sections 8.02 and 8.03 above as shall be requested by Landlord. Tenant hereby irrevocably appoints Landlord as attorney-in-fact for Tenant
with full power and authority to execute and deliver in the name of Tenant any such instruments or certificates. If fifteen days after receipt by Tenant of a written request from Landlord to execute such instruments, Tenant shall not have executed
the same, Tenant shall be deemed to have breached this Lease, and be liable for damages, both direct and consequential. Landlord may regain possession of the Leased Premises and Landlord may, at its option, cancel this Lease without incurring any
liability on account thereof, and the term hereby granted is expressly limited accordingly. 
 ARTICLE 9. DESTRUCTION OR DAMAGE TO LEASED
PREMISES 
 9.01. In case of fire or other casualty, the Tenant shall give immediate notice to the Landlord. If the Leased Premises
shall be partially damaged by fire, the elements or other casualty, the Landlord shall repair the same as speedily as practicable, but the Tenant’s obligation to pay the rent hereunder shall not cease. In the event the use or enjoyment of the
Leased Premises is materially damaged, there will be either an abatement or an equitable reduction in rent from the date of such damage until such time as the Leased Premises shall be made tenantable by the Landlord, depending on the period for
which and the extent to which the Leased Premises are not reasonably usable for the use contained in Article 3. herein. If the damage results from the fault of Tenant, Tenant will not be entitled to any abatement or reduction in basic rent or
additional rent to the extent such damage results from the fault of Tenant. If, in the opinion of the Landlord, the premises be so extensively and substantially damaged as to render them untenantable, then the rent shall cease until such time as the
Leased Premises shall be made tenantable by the Landlord. However, if, 







 
in the opinion of the Landlord, the Leased Premises be totally destroyed or so extensively and substantially damaged as to require practically a rebuilding thereof, then the rent shall be paid up
to the time of such destruction and then and from thence forth this Lease shall come to an end. In no event however, shall the provisions of this clause become effective or be applicable, if the fire or other casualty and damage shall be the result
of the carelessness, negligence or improper conduct of the Tenant or the Tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors. In such case, the Tenant’s liability for the payment of the rent and the
performance of all the covenants, conditions and terms hereof on the Tenant’s part to be performed shall continue and the Tenant shall be liable to the Landlord for the damage and loss suffered by the Landlord. If the Tenant shall have been
insured against any of the risks herein covered, then the proceeds of such insurance shall be paid over to the Landlord to the extent of the Landlord’s costs and expenses to make the repairs hereunder, and such insurance carriers shall have no
recourse against the Landlord for reimbursement. 
 9.02. In the event that twenty five percent (25%) or more of the rentable area of
Landlord’s building shall be damaged or destroyed by fire or other cause, notwithstanding that the Leased Premises may be unaffected by such fire or other cause, Landlord shall have the right, to be exercised by notice in writing delivered to
Tenant within sixty (60) days after said occurrence, to elect to cancel this Lease. Upon the giving of such notice to Tenant, the term of this Lease shall expire by lapse of time upon the sixtieth
(60th) day after such notice is given and Tenant shall vacate the Leased Premises and surrender the same to Landlord. 

ARTICLE 10. DEFAULT BY TENANT 

10.01. In the event of any failure of Tenant to pay any rental due hereunder within five (5) days after the same shall be due, or any
failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than ten (10) days after written notice of such default shall have been mailed to Tenant, or if Tenant shall become
bankrupt or insolvent, or file any debtor proceedings, or take or have taken against Tenant in any court pursuant to any statute either of the United States or of any State a petition in bankruptcy or insolvency or for reorganization or for the
appointment of a receiver or trustee of all or a portion of Tenant’s property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant shall abandon said premises, or suffer
this Lease to be taken under any writ of execution, then Landlord, besides other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be
removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, Tenant all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage
which may be occasioned thereby. 
 10.02. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to
legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may, from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the premises,
and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem
advisable; upon each such reletting all rentals received by the Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and
expenses of such reletting, including brokerage fees and attorney’s fees and costs of such alterations and repairs; third, to the payments of rent due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in
payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to
Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be
given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach.
Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises,
reasonable attorney’s fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable
rental value of the Leased Premises 







 
for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. In determining the rent which would be payable by Tenant hereunder,
subsequent to default, the provisions of Article 2 shall govern. 
 10.03. In case suit shall be brought for recovery of possession of the
Leased Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, and a breach shall be established,
Tenant shall pay to Landlord all expenses incurred therefore, including reasonable attorney’s fees and costs of suit. Any such sums expended by Landlord shall be deemed additional rent. 

10.04. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the
parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant’s use or occupancy of the Leased Premises, and/or any claim of injury or damage.

 10.05. Tenant agrees that Landlord shall be entitled to recover the sums set forth in Sections 10.02 and 10.03 hereof in one action, or
at Landlord’s option, in several actions, and in such latter event, Tenant hereby waives the right to assert the rule against splitting a cause of action, or bringing all claims in one action, as a defense thereto. 

ARTICLE 11. RIGHT OF ENTRY 

11.01 Landlord or Landlord’s agents shall have the right to enter the Leased Premises at all times to examine the same, and to show them
to prospective purchasers or Tenants of the building, and to make such repairs, alterations, improvements or additions as Landlord may deem necessary or desirable, and Landlord shall be allowed to take all material into and upon said premises that
may be required therefor without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise abate while said repairs, alterations, improvements, or additions are being made, by reason of loss or
interruption of business of Tenant, or otherwise. During the three (3) months prior to the expiration of the term of this Lease or any renewal term, Landlord may exhibit the premises to prospective Tenants or purchasers. If Tenant shall not be
personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the
same, without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation,
responsibility or liability whatsoever, for the care, maintenance or repair of the building or any part thereof, except as otherwise herein specifically provided. 

ARTICLE 12. NONLIABILITY OF LANDLORD 

12.01 The Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or any other person, as a consequence of
the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, are
conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other tenant or of the Landlord or the Landlord’s or this or
any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with interruption of or failure, beyond the control of the Landlord, of any services to be furnished or
supplied by the Landlord. 
 ARTICLE 13. SECURITY 

13.01 Landlord acknowledges that the Landlord is holding $39,408.00 as security for the payment of rent hereunder and the full and faithful
performance by the Tenant of the covenants and conditions on the part of the Tenant to be performed. Said sum shall be returned to the Tenant, without interest, after the expiration of the term hereof, provided that the Tenant has fully and
faithfully performed all such covenants and conditions and is not in arrears in rent. During the term hereof, the Landlord may, if the landlord so elects, have recourse to such security, to make good any default by the Tenant, in which event the
Tenant shall, on demand, promptly restore said security to its original 







 
amount. Liability to repay said security to the Tenant shall run with the reversion and title to said premises, whether any change in ownership thereof be by voluntary alienation or as the result
of judicial sale, foreclosure or other proceedings, or the exercise or a right of taking or entry by any mortgagee. The Landlord shall assign or transfer said security, for the benefit of the Tenant, to any subsequent owner or holder of the
reversion or title to said premises, in which case the assignee shall become liable for the repayment thereof as herein provided, and the assignor shall be deemed to be released by the Tenant from all liability to return such security. This
provision shall be applicable to every alienation or change in title and shall in no wise be deemed to permit the Landlord to retain the security after termination of the Landlord’s ownership of the reversion of title. The Tenant shall not
mortgage, encumber or assign said security without the written consent of the Landlord. 
 Notwithstanding the above, the Tenant
acknowledges that the security deposit held by the Landlord shall equal two current monthly installments during the term of the Lease or any renewal. 

ARTICLE 14. WAIVER OF SUBROGATION 

14.01. The Tenant waives all rights of recovery against the Landlord or Landlord’s agents, employees or other representatives, for any
loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. The Tenant shall obtain from the Tenant’s insurance carrier and will deliver to the Landlord, waivers of the subrogation rights under the
respective policies. 
 ARTICLE 15. INSURANCE AND INDEMNITY 

15.01 Tenant shall maintain at its own cost and expense, fire and extended coverage, vandalism, malicious mischief and special extended
coverage insurance in an amount adequate to cover the cost of replacement of all decorations and leasehold improvements by Tenant in the demised premises, in the event of a loss as well as the cost of replacement of all fixtures and contents
therein. Additionally, Tenant shall maintain at its own cost and expense, comprehensive public liability insurance relating to the demised premises and its appurtenances on all occurrences with minimum limits of liability in the amount of
$5,000,000.00 for bodily injury or death with respect to any one accident, and $3,000,000.00 with respect to damage to property. The above-mentioned insurance policies shall name the Landlord as additional named insured thereon. Proof of such
insurance shall be provided to the landlord prior to the Tenant taking possession of the leased Premises. 
 15.02. Tenant shall indemnify
Landlord and save it harmless from suits, actions, damages, liability and expense and provide Landlord with a defense in connection with loss of life, bodily or personal injury or property damage arising from or out of the use or occupancy of the
demised premises or any part thereof, including common areas within the building of which the demised premises is a part, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, invitees,
licensees or concessionaires. 
 15.03. Tenant shall store its property in and shall occupy the Leased Premises at its own risk. 

15.04. Landlord shall not be responsible or liable at any time for any loss or damage to Tenant’s merchandise, equipment, fixtures or
other personal property of Tenant or to Tenant’s business. 
 15.05. Landlord shall not be responsible or liable to Tenant or those
claiming through Tenant for any loss or damage to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying adjacent, connecting or adjoining premises. 

15.06 Landlord shall not be responsible or liable to Tenant for any injury or loss caused be, or resulting from, but not limited to, bursting,
breakage or from leakage, steam or snow or ice, running, backing up, seepage, or the overflow of water or sewerage from any part of the said premises. 







 ARTICLE 16. MISCELLANEOUS PROVISIONS 

16.01. If the Tenant shall fail or refuse to comply with and perform any conditions and covenants of the within lease, the Landlord may, if
the Landlord so elects, carry out and perform such conditions and covenants, at the cost and expense of the Tenant, and the said cost and expense shall be payable on demand, or at the option of the Landlord shall be added to the installment of rent
due immediately but in no case later than one month after such demand, whichever occurs sooner, and shall be due and payable as such. This remedy shall be in addition to such other remedies as the Landlord may have hereunder by reason of the breach
by the Tenant of any of the covenants and conditions in this lease contained. 
 Notwithstanding the above, and excepting an event of
monetary default by the Tenant, the Landlord shall give the Tenant ten (10) days notice to cure any default in this subject Lease or comply with and perform any conditions and covenants within the same. Should the Tenant undertake to cure a
default or perform a term and condition after notification by Landlord, the time period shall be reasonably extended to allow resolution of the Lease term or condition subject to due diligence being exercised by the Tenant herein. It is further
understood and agreed that the notification provision herein shall not apply for nonpayment of rent, additional rent and/or operating expenses assessed against the Tenant herein. 

16.02. The Tenant herein shall be permitted upon termination of the within Lease Agreement, to remove its equipment, fixtures, goods and other
property provided that the same can be removed without damage or injury to the demised premises, and subject to other provisions to the contrary in the within Lease. Any equipment, fixtures, goods or other property of the Tenant, not removed by the
Tenant upon the termination of this lease, or upon any quitting, vacating or abandonment of the premises by the Tenant, or upon the Tenant’s eviction, shall be considered as abandoned and the Landlord shall have the right, without any notice to
the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 

16.03. This lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not
be affected, curtailed, impaired or excused because of the Landlord’s inability to supply any service or material provided for herein, by reason of negotiations for the adjustment of any fire or other casualty loss or other labor trouble or for
any cause beyond the control of the Landlord. 
 16.04. The terms, conditions, covenants and provisions of this Lease shall be deemed to be
severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision
herein, but such other clauses or provisions shall remain in full force and effect. 
 16.05. All notices required under the terms of this
Lease shall be given and shall be complete by mailing such notices by certified or registered mail, return receipt requested, to the address of the parties as shown at the head of this lease, or to such other address as may be designated in writing,
which notice of change of address shall be given in the same manner. 
 16.06. The Landlord covenants and represents that the Landlord is
the owner of the premises herein leased and has the right and authority to enter into, execute and deliver this Lease; and does further covenant that the Tenant on paying the rent and performing the conditions and covenants herein contained, shall
and may peaceably and quietly have, hold and enjoy the Leased Premises for the term aforementioned. 
 16.07. This Lease contains the entire
contract between the parties. No representative, agent or employee of the Landlord has been authorized to make any representations or promises with reference to the within letting or to vary, alter or modify the terms hereof. No additions, changes
or modifications, renewals or extensions hereof, shall be binding unless reduced to writing and signed by the Landlord and the Tenant. 

16.08. The various rights, remedies, options and elections of the Landlord, expressed herein, are cumulative, and the failure of the Landlord
to enforce strict performance by the Tenant of the conditions and covenants of this lease or to exercise any election or option or to resort to have recourse to any remedy herein conferred or the acceptance by the Landlord of any installment of rent
after any breach by the Tenant, in any one or more instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord of any such conditions and covenants, options, elections or remedies, but the same shall
continue in full force and effect. 







 16.09. Tenant hereby knowingly, voluntarily, and intentionally waives any right it may have to a
trial by jury in respect to any litigation (including but not limited to any claims, cross-claims, or third party claims) arising out of, under, or in connection with this Lease, the Premises, the building or the property, or the transactions
contemplated herein. 
 16.10. The article and section headings of this Lease are for convenience only and will not limit or define the
meaning or content hereof. All pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identity of the person or persons may require. 

16.11. This Lease will be construed and enforced in accordance with the laws of the State of New Jersey and any actions or claims related to
this Lease shall be venued in the Superior Court of New jersey, Bergen County. 
 16.12. Landlord covenants and agrees that Tenant, upon
paying the basic rent and additional rent reserved, and performing and observing the covenants, conditions and agreements upon the part of Tenant to be performed and observed, will and may peaceably hold and enjoy the Premises during the Term,
without any interruption or disturbance from Landlord, or any party or entity holding an interest in the Property by, through or under Landlord. 

16.13. The covenants, agreements, terms, provisions and conditions of this Lease will bind and inure to the benefit of the respective heirs,
distributees, executors, administrators, successors, assigns and legal representatives of the parties hereto with the same effect as if mentioned in each instance where a party hereto is named or referred to, but nothing herein contained will be
construed to give Tenant the right to assign this Lease (other than as provided in Article 4). The covenants and obligations on the part of Landlord under this Lease will not be binding upon the Landlord herein named with respect to matters arising
during any period subsequent to the transfer of its interest in the Property, by operation of law or otherwise, and in the event of such transfer or any subsequent transfer Tenant agrees to look solely to the transferee for the performance of
Landlord’s covenants and obligations, but only if such transferee has assumed such obligations, and then only with respect to matters arising or continuing during the period beginning with such transfer and ending with a subsequent transfer of
such interest. 
 16.14. The failure of Landlord to seek redress for violation of, or to insist upon the strict performance of any covenant,
agreement, term, provision or condition of this Lease or of any of Landlord’s rules and regulations will not constitute a waiver thereof and Landlord will have all remedies provided herein and by applicable law with respect to any continuing or
subsequent act, which would have originally constituted a default by Tenant. The receipt by Landlord of basic rent or additional rent with knowledge of the breach of any covenant, agreement, term, provision or condition of this Lease will not be
deemed a waiver of such breach. The failure of Landlord to bill or collect rent in a timely fashion will not be construed as a waiver of Landlord’s right to collect rent at any time during the Term or any time thereafter. 

16.15. This Lease contains the entire agreement between Landlord and Tenant, and any agreement made between Landlord and Tenant after the date
of this Lease will be ineffective to change, modify, waive, release, discharge, terminate or effect a surrender or abandonment of this Lease, in whole or in part, unless such agreement is in writing and signed by Landlord and Tenant. 

16.16. No agreement to accept surrender of the Leased Premises will be valid unless in writing and signed by the Landlord. No employee of
Landlord or of Landlord’s agents will have any power to accept the keys to the Leased Premises prior to the termination of the Lease. The delivery of keys to any employee of Landlord or of Landlord’s agents will not operate as a
termination of the Lease or a surrender of the Leased Premises. In the event Tenant at any time desires to have Landlord sublet the Leased Premises for Tenant’s account, Landlord or Landlord’s agents are authorized to receive the keys for
such purposes without releasing Tenant from any of the obligations under this Lease. 
 16.17. It is agreed between the parties that this
Lease will be of no force and effect whatsoever unless it has been executed by Landlord and Tenant. 







 16.18. Tenant covenants not to place this Lease on record. At the request of Landlord, Tenant
will execute a memorandum of lease for recording purposes containing references to such provisions of this Lease as Landlord, in its sole discretion, deems necessary. 

16.19. If any provision of this Lease or any application thereof to any person or circumstance will be determined to be invalid or
unenforceable, the remaining provisions of this Lease or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable will not be affected thereby and will be valid and enforceable to
the fullest extent permitted by law. 
 16.20. Tenant agrees that neither Landlord, nor any broker, Landlord’s agent, employee or
representative of Landlord nor any other party has made, and Tenant does not rely on, any representations, warranties or promises with respect to the Premises, the building, the property or this Lease, including, without limitation, with respect to
the physical condition of the Leased Premises, its quality of construction, income to be derived therefrom, workmanship, merchantability or fitness for any particular use or purpose, except as expressly provided in this Lease. 

ARTICLE 17. ENVIRONMENTAL CONDITIONS 

17.01. A. (1) Notwithstanding anything in this Lease to the contrary and without limiting the generality of any other provision, Tenant
agrees that it shall, at its sole cost and expense, fulfill, observe and comply with all of the terms and provisions of the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 et seq. (“ISRA”), as the same may be amended from time to
time and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with said Acts by the Department of Environmental Protection and Energy (“DEPE”) or any subdivision or bureau
thereof or any other governmental or quasi-governmental agency, authority or body having jurisdiction. Said Acts and all of said rules, regulations, ordinances, opinions, orders and directives are hereinafter in this Article collectively referred to
as “IRSA”. Tenant shall commence application to ISRA no later than six (6) months prior to termination of Lease or any renewals of this Lease if there is a disruption in operations. 

(2) Without limiting the foregoing, upon the Landlord’s request therefor, and in all events no later than sixty (60) days prior to
“closing, termination or transferring operations” (as said term is defined in ISRA) of all or any portion of the Premises, Tenant, at its sole cost and expense, shall provide Landlord with a true copy of: 

(i) An opinion letter from DEPE (or such other agency or body as shall then have jurisdiction over ISRA matters) in a form
satisfactory to Landlord’s counsel, stating that ISRA does not then apply to Tenant, Tenant’s use and occupancy of the Premises and said closing, terminating or transferring of operations; or 

(ii) A Negative Declaration (as said term is defined in ISRA) duly approved by DEPE or such other agency or body as shall then
have jurisdiction over ISRA matters; or 
 (iii) A Cleanup Plan (as said term is defined in ISRA) duly approved by DEPE or
such other agency or body as shall then have jurisdiction over ISRA matters; or 
 (iv) Any and all supporting documents and
affidavits involved in obtaining (i), (ii) or (iii). 
 Nothing in this Paragraph (2) shall be construed as limiting Tenant’s
obligation to otherwise comply with ISRA. 
 (3) In the event Tenant complies with Paragraph (2) above, by obtaining and approved
Cleanup Plan, Tenant agrees that it shall, at its sole cost and expense: 
 (i) Post any financial guarantee or other bond
required to secure implementation and completion of said Cleanup Plan; and 
 (ii) Provide any standby trust required by
DEPE; and 
 (iii) Properly implement and prosecute to completion said Cleanup Plan, in accordance with the schedules
contained in said Cleanup Plan or as may be otherwise ordered or directly by DEPE or such other agency or body as shall have jurisdiction over said Cleanup Plan. Tenant expressly understands and acknowledges that Tenant’s compliance with the
provisions of this Paragraph may require Tenant to expend 







 
funds or do acts after the expiration or termination of the term of this Lease. Tenant agrees that it shall expend such funds and do such acts and Tenant shall not be excused therefrom even
though the term of this Lease shall have previously expired or been terminated. 
 (4) Within ten (10) days after written request by
the Landlord or any mortgagee or ground of Landlord, and in any event on each anniversary of the Commencement Date hereof, Tenant at no expense to landlord, shall deliver to Landlord or Landlord’s mortgage or ground lessor, as the case may be,
a duly executed and acknowledged affidavit of Tenant’s chief executive officer certifying: 
 (i) The proper four digit
Standard Industrial Classification number relating to Tenant’s then current use or uses of the premises (said Standard Industrial Classification number to be obtained by reference to the then current Standard Industrial Classification Manual
prepared and published by the Executive Office of the President, Office of Management and Budget or the successor to such publication) is the same as the SIC Number represented herein; and 

(ii) That Tenant’s then current use or uses of the Premises does not involve the generation, manufacture, refining,
transportation, treatment, storage, handling or disposal of hazardous substances or wastes (as hazardous substances and hazardous wastes are defined in ISRA) on site, above ground or below ground (all of the foregoing being hereinafter collectively
referred to as the Presence of Hazardous Substance); 
 (iii) All information requested by Landlord which may be necessary
for Landlord to prepare any submissions that the DEPE may require the Landlord to furnish. 
 (5) Without limiting the foregoing, Tenant
agrees: 
 (i) At its sole cost and expense, to promptly discharge and remove any lien or other encumbrance against the
Premises or any other property owned or controlled in whole or in part by Landlord which is utilized by Tenant arising out of ISRA and Tenant’s failure to comply with this Article or any environmental law or regulation; and 

(ii) To indemnify and hold Landlord harmless from and against any and all liability, penalties, losses, expenses, damages,
costs, claims, causes of action, judgements an/or the like, or whatever nature, including but not limited to attorney’s fees and other costs of litigation or preparation therefor, arising out of or on connection with Tenant’s failure or
inability to observe or comply with IRSA and/or the provisions of this Article or any environmental law or regulation of the local municipality, county government, State Agency or Federal government or a division thereof. 

ARTICLE 18. REAL ESTATE BROKER 

18.01. Landlord and Tenant represent to each other that the parties have not dealt with any real estate broker with reference to the
negotiation of the within Lease Agreement. Each party will indemnify, defend and hold the other harmless from any and all claims for any brokerage commissions or other compensation asserted by any real estate broker in connection with this Lease,
allegedly based upon any act of the indemnifying party, and for the indemnified party’s expenses (including, without limitation, reasonable attorneys’ fees) related thereto. 

ARTICLE 19. HOLDING OVER 

19.01. In the event that Tenant, without Landlord’s consent, remains in occupancy of the Leased Premises for any period beyond the
expiration of the Term, such occupancy will be deemed to be a month-to-month tenancy at a monthly rental equal to one and one-half (1.5) times the sum of the basic rent and any additional rent payable for the last month of the Term, subject to
all the other provisions of this Lease prevailing prior to such expiration; and in such event the acceptance of basic rent or additional rent by Landlord will not be deemed to create a new or additional tenancy. Tenant agrees that it will indemnify
and save Landlord harmless against all costs (including reasonable attorneys’ fees), claims, loss or liability resulting from delay by Tenant in surrendering the Leased Premises when required under this Lease, including without limitation, any
claims made by any succeeding tenant founded on such delay. 







 ARTICLE 20. PARKING 

20.01. The Tenant shall have the right to 72 general parking spaces and 8 reserved parking spaces. 

ARTICLE 21. LANDLORD’S WORK 

21.01. The Landlord will install an additional toilet in the existing women’s bathroom on the first floor of 210 Sylvan Avenue. 

ARTICLE 22. AUTHORITY OF AGENT 

22.01 The undersigned affirm and represent that they have the right and authority to enter into this Lease on behalf of the Landlord and
Tenant. This representation is a material representation and neither party shall assert the lack of authority of any individual executing this Lease as a defense in any action brought by either party with respect to the enforcement or interpretation
of the terms and conditions of this Lease. 
  

							
		 	ESL 200, LLC, Landlord
				
	Dated: 10/27/15	 		 	By:	 	 /s/ Jae R. Lee

		 		 	Jae R. Lee
		 		 	Owner
		
		 	ASTA FUNDING, INC.., Tenant
			
	Dated: 10/27/15	 	By:	 	 /s/ Robert J. Michel

		 		 	Robert J. Michel
		 		 	Chief Financial Officer and Secretary