Exhibit 10.1.6


 


FOURTH
AMENDMENT TO LEASE


This Fourth Amendment to Lease,
made and entered into as of this 8th day of August, 2002
by and between Crocker Realty Trust, L.P.
(hereinafter referred to as “Lessor”), a Delaware limited partnership doing
business in Georgia as Crocker Realty, L.P., successor in interest to
Connecticut 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 in
interest and Lessee entered into a Lease Agreement dated as of February 2, 1996
for the Premises located in Suite 600 at 3130 Gateway Drive, and Suite 400,
450, and 500 at 3150 Gateway Drive, Norcross, Georgia 30071, containing 47,452
square feet, which was amended by that certain First Amendment to the Lease
Agreement dated March 8, 1998 and which was further amended by that certain
Second Amendment to Lease Agreement dated August 18, 1998 and which was further
amended by that certain Third Amendment dated August 19, 1999 (such Lease
Agreement as so amended by the First Amendment, Second Amendment and Third
Amendment is hereinafter referred to as the “Lease).


Whereas, Lessor and Lessee
desire to further amend the Lease in certain respects:


Now, Therefore, in consideration
of the Premises, the sum of Ten and no/100 Dollars ($10.00) in hand paid by
Lessee to Lessor, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:


1.                                      Premises:


As of December 1, 2002, the Premises shall be expanded
to include 5,241 rentable square feet in Suite 200 at 7000 Peachtree Industrial
Boulevard, Norcross, Georgia 30071 (hereinafter referred to as the “Expansion
Premises” 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 First
Amendment and Paragraph 2 of the third Amendment, the Lease shall be extended
for twenty-seven (27) months from August 31, 2005 to November 30, 2007 (the “Termination
Date”).


3.                                      Base
Rate:


The base rent for the Expansion Premises shall be as
follows:


	
  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

  	
   

  



 













In further reference to Section 3 and Special
Stipulation 36 of the Lease, Lessee shall pay rent on the entire Premises based
on 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.                                       Improvement
Allowance:


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


5.                                       Pro-Rata
Share:


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


6.                                       Section
38, Renewal Option, of the Lease shall be based upon the new expiration date as
set forth in Paragraph 2, above.


7.                                       Expansion
Option:


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


(a)                                  In
the event of a bona fide offer for any part of the Option Space, Landlord shall
give written notice (the “Notice”) to Tenant specifying the terms of such
offer, and Tenant shall have the option to lease the portion of the Option
Space described in the Notice upon the terms stated in the Notice.  As used herein, “bona fide offer” shall mean
either a binding or non-binding letter of intent or proposal to or from a
specific prospective tenant containing a statement of the material economic
terms for a lease of the Option Space.


(b)                                 Landlord
must receive written notice from Tenant of its unconditional and irrevocable
acceptance of the terms stated in the Notice no later than five (5) days after
Tenant’s receipt of the Notice; failing which, Landlord shall be free for a
period of three hundred sixty-five (365) days thereafter to lease all or any
part 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’s
consent or approval so long as such changes are the result of arm’s-length
negotiations between Landlord and a prospective tenant and not the result of
bad faith or collusion.  To the extent
(and only to the extent) any part of the Option Space has not been so leased or
becomes available again at the end of such 365-day period, Tenant’s right of
refusal under this Paragraph shall remain in effect.


(c)                                  If
Landlord has received written notice from Tenant of its unconditional and
irrevocable 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 Space
described in the Notice shall be deemed added to the Premises, Landlord shall
deliver such portion of the Option Space to the Tenant at the time and in the
condition described in the Notice, Tenant shall commence payment of Minimum
Rent and Additional Rent with respect to such portion of the Option Space in
accordance with the terms of the Notice, and all other terms of Tenant’s
leasing and occupancy of such portion of the Option Space shall be as provided
in the Lease except as otherwise provided in the Notice.  When requested by Landlord, Tenant shall
execute an appropriate amendment to this Lease to reflect the addition of such
portion of the Option Space to the Premises.


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


In Witness Whereof, the parties
hereto 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”


Floor
Plans for Expansion Premises



 5
 









EXHIBIT “B”


Tenant
Improvements

[Tenant Builds]


Landlord
has 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 for
occupancy and use by Tenant.  Tenant has
inspected the Premises, is fully familiar with the physical condition of the
Premises, and shall accept the Premises “as is,” “where is,” without any
warranty, express or implied, or representation as to fitness or suitability.


Tenant
shall perform all work necessary or desirable for Tenant’s occupancy of the
Premises (the “Tenant Improvements”).  Tenant shall furnish to Landlord, for
Landlord’s written approval, a permit set (final construction drawings), if
applicable, of plans and specifications for the Tenant Improvements (the “Plans”).  If and to
the extent appropriate, considering the nature of the improvements, the Plans
shall 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 finish
selections; all special equipment and fixture specifications; and fire
sprinkler design drawings.


The
Plans shall comply with all applicable laws, ordinances, directives, rules,
regulations, and other requirements improved by any and all governmental
authorities having or asserting jurisdiction over the Premises.  Landlord shall review the Plans and either
approve or disapprove them, in Landlord’s sole discretion, within a reasonable
period of time.  Should Landlord
disapprove them, Tenant shall make any necessary but reasonable modifications
and resubmit the Plans to Landlord in final form within ten days following
receipt of Landlord’s disapproval of them. 
The approval by Landlord of the Plans and any approval by Landlord of
any similar plans and specifications for any other Alterations or the
supervision 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 of
design or fitness of any material or device used; (ii) imply that the plans and
specifications are in compliance with any codes or other requirements of
governmental authority (it being agreed that compliance with these requirements
is solely Tenant’s responsibility); (iii) impose any liability on Landlord to
Tenant or any third party; or (iv) serve as a waiver or forfeiture of any right
of Landlord.  The Tenant improvements
shall be constructed by a general contractor selected and paid by Tenant and
approved by Landlord.  A copy of the
contractor’s license(s) to do business in the jurisdiction(s) in which the
Premises are located, the fully executed contract between Tenant and the
general contractor, the general contractor’s work schedule, and all building or
other governmental permits required for the Tenant improvements shall be
delivered to landlord prior to commencement of the Tenant Improvements.  Tenant shall cooperate as reasonably
necessary so that its general contractor will cause the Tenant improvements to
be completed promptly and with due diligence. 
The Tenant improvements shall be performed in accordance with the Plans and
shall be done in a good and workmanlike manner using new materials.  All work shall be done in compliance with all
other applicable provisions of this Lease and with all applicable laws,
ordinances, directives, rules, regulations, 



 6
 









and other
requirements of any governmental authorities having or asserting jurisdiction
over the Premises.  Prior to the
commencement of any work by Tenant, Tenant shall furnish to Landlord
certificates evidencing the existence of builder’s risk, comprehensive general
liability, and workers’ compensation insurance complying with the requirements
set forth in the insurance section of this Lease.  Any damage to any part of the Building
Project that occurs as a result of the Tenant improvements shall be promptly
repaired by Tenant.


Tenant
shall also ensure compliance with the following requirements concerning
construction:


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


2.                                       Tenant
shall be responsible for cleaning up any refuse or other materials left behind
by construction personnel at the end of each work day.


3.                                       Tenant
shall deliver to Landlord all forms of approval provided by the appropriate
local governmental authorities to certify that the Tenant Improvements have
been completed and the Premises are ready for occupancy, including, but not
limited to, a final, unconditional certificate of occupancy.


4.                                       At
all times during construction, Tenant shall allow Landlord access to the
Premises for inspection purposes.  On
completion of the Tenant Improvements, Tenant’s general contractor shall review
the Premises with Landlord and Tenant and secure the Landlord’s and Tenant’s
acceptance of the Tenant Improvements.


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



 7
 









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


The
Tenant Improvement Allowance is being paid by Landlord as an inducement to
Tenant to enter into this Lease and as consideration for the execution of this
Lease by Tenant and the performance by Tenant under this Lease for the full
Lease Term.  If after Tenant has been
granted all or any portion of the allowance, the Lease Term is thereafter
terminated by virtue of a default by Tenant or Landlord resumes possession of
the Premises consequent on a default by Tenant, and Landlord is precluded by
applicable law from collecting the full amount of damages attributable to the
default as provided in the Default section of this Lease, then, in addition to
all other available damages and remedies, Landlord shall also be entitled to
recover from Tenant the unamortized portion (calculated using an interest rate
of 12% per annum compounded monthly) of the Tenant Improvement Allowance, which
sum shall not be deemed rent. This obligation of Tenant to repay the
unamortized balance of the Tenant Improvement Allowance to Landlord shall
survive the expiration or sooner termination of the Lease Term.


The
Tenant Improvement Allowance provisions of this exhibit shall not apply to any
additional space added to the original Premises at any time after the Date of
this Lease, whether by any options under this Lease or otherwise, or to any
portion of the original Premises or any additions to the Premises in the event
of a renewal or extension of the initial Lease Term, whether under any options
under this Lease or otherwise, unless expressly so provided in this Lease or an
amendment to this Lease.



 8