Exhibit 10.4(f)

 

FIFTH AMENDMENT TO OFICE LEASE

 

THIS FIFTH  AMENDMENT TO OFFICE LEASE (this “Amendment”) is entered into as of the 29 day of January 2014 by and between 27200 Associates, LLC, a California limited liability company (“Lessor’), and Kythera Biopharmaceuticals, Inc., a Delaware corporation, (“Lessee’).

 

WITNESSETH

 

WHEREAS, Lessor and Lessee, entered into that certain Standard Multi-Lessee Office Lease — gross dated December 2009 (the “Original Lease”) as amended by that certain First Amendment to Lease dated January 8, 2010 (the “First Amendment”), and that certain Second Amendment to Office Lease dated April 21, 2011 (the “Second Amendment”), and by that certain Third Amendment to Office Lease dated March 23, 2012 (the “Third Amendment”), and that certain Fourth Amendment to Office Lease dated March 28, 2013 (the Fourth Amendment” and together with the Original Lease, the First Amendment, the Second Amendment, the Third Amendment shall be referred to herein as the ‘Lease”). Capitalized terms not otherwise defined herein shall have the same meanings ascribed to such terms in the Lease; and

 

WHEREAS, pursuant to the Lease, Lessee presently leases Suite 200 (the “Suite 200 Premises”), Suite 100 (the “Suite 100 Premises”), and Suite 101 (the “Suite 101 Premises’) (collectively the “Premises”) located at 27200 Agoura Road in Calabasas, California (the “Building”), which Premises consists of approximately 16,947 rentable square feet;

 

WHEREAS, Lessor and Lessee desire to extend the term of the Lease for the Premises;

 

WHEREAS, subject to and in accordance with the terms of this Amendment, Lessor and Lessee desire to amend the Lease, all on the terms and subject to the conditions set forth herein.

 

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree that the Lease shall be amended as follows:

 

AGREEMENT

 

1.             Extended Term. The Term of the Lease (as amended hereby) as it relates to the Premises shall be extended by thirty-one  (31) days such that the Expiration Date shall be July 31, 2014.

 

2.             No Further Amendments; Lease Remains in Full Force and Effect. Except as modified herein, the Lease shall remain unmodified and in full force and effect.

 

3.             Entire Agreement. It is understood and acknowledged that there are no oral agreements among the parties hereto affecting this Amendment and this Amendment supersedes and cancels any and all previous negotiations, agreements and understandings, if any, among the parties hereto with respect to the Premises.

 

4.             Attorney’s Fees. Should any dispute arise among the parties hereto or the legal

 











 

representatives, successors and assigns concerning any provision of this Amendment or the rights and duties of any person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such other relief that may be granted, to recover reasonable attorney’s fees and legal costs in connection with such dispute.

 

5.                                      Governing Law. This Amendment shall be governed by and construed under the laws of the State of California.

 

6.                                      Counterparts. This Amendment may be executed in any number of original counterparts. Any such counterpart, when executed, shall constitute an original of this Amendment, and all such counterparts together shall constitute one and the same Amendment.

 

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above.

 

	
LESSOR:
    	
 
    
	
27200 Associates, LLC,
    	
 
    
	
a California limited liability company
    	
 
    
	
 
    	
 
    
	
By:
    	
ADC   Real Estate Group, Ltd.
    	
 
    
	
 
    	
a   California limited partnership
    	
 
    
	
Its:
    	
Manager
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
ADC   Investments, Inc.
    	
 
    
	
 
    	
A   California corporation
    	
 
    
	
Its:
    	
General   Partner
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/   Jason Amoroso
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
Name:
    	
Jason   Amoroso
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
Title:
    	
Vice   President
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
LESSEE:
    	
 
    
	
Kythera   Biopharmaceuticals, Inc.,
    	
 
    
	
a Delaware corporation
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/   John Smither
    	
 
    
	
 
    	
 
    	
 
    
	
Name:
    	
John   Smither
    	
 
    
	
 
    	
 
    	
 
    
	
Title:
    	
CFO