Exhibit 10.18


 


FOURTH AMENDMENT TO OFFICE LEASE


 


THIS FOURTH AMENDMENT TO
OFFICE LEASE DOCUMENT (this “Amendment”)  dated March 13,
2009 is entered into by and between WTCC AUSTIN INVESTORS V, L.P., (“Landlord”),  a Delaware
limited partnership, and NETSPEND CORPORATION (“Tenant”), a Delaware corporation, with
reference to the following:


 


A.                                    Pursuant to
that certain Lease Agreement dated August 11, 2003, by and between Crescent
Real Estate Funding VIII, L.P., Landlord’s predecessor-in-interest, and Tenant
(the “Original Lease”),  as
amended by that certain First Amendment to Office Lease dated August 2,
2005 (the “First
Amendment”),  as further
amended by that certain Second Amendment to Office Lease dated September 6,
2006 (the “Second
Amendment”),  as further
amended by that certain Third Amendment to Office Lease dated August 1, 2007
(the “Third  Amendment”), Landlord
has leased to Tenant approximately 53,505 Rental Square Feet of space
designated as Suite Nos. 1010, 1040, 1200, 1300, and 1350 (the “Premises”) in the building known as Austin Centre located at 701
Brazos, Austin, Travis County, Texas (the “Building”).
The Original Lease and the Amendments thereto are collectively referred to
herein as the “Lease”.


 


B.                                    Landlord and
Tenant now desire to further amend the Lease as set forth below. Unless
otherwise expressly provided in this Amendment, capitalized terms used in this
Amendment shall have the same meanings as in the Lease.


 


FOR GOOD AND VALUABLE
CONSIDERATION, the receipt and sufficiency of which are acknowledged, the
parties agree as follows:


 


1.                                 Leased
Premises. The Third Amendment modified and amended the Lease
to include, effective as of October 1, 2007, certain space containing an
additional 2,675 square feet of Rentable Square Feet, located on the 10th floor
of the Building and known as Suite No. 1040, as shown on Exhibit “A” attached to the “Third Amendment to Office Lease” (the “Expansion Space”).  Tenant
hereby acknowledges that the Expansion Space is leased by Tenant subject to all
terms and conditions of the Lease, as amended hereby, and Landlord and Tenant
stipulate and agree the 2,675 rental square feet is included in the total
53,505 rental square feet and is part of the Leased Premises.


 


2.                                 Lease Term
for Expansion Space. The Expansion Term (as defined in the Third
Amendment) shall be extended through September 30, 2009. The term of
Tenant’s lease of the Expansion Space shall commence on October 1, 2009
(the “Fourth Amended Commencement Date”)
and shall terminate on November 30, 2011, which is the date the initial
Lease Term, as previously amended, shall terminate, unless sooner terminated
pursuant to the terms of the Lease.


 


3.                                 Base Rent. Commencing on
the Fourth Amended Commencement Date, Tenant shall pay monthly rental (“Base
Rent”) for the Expansion Space at the same time and place and in the manner
provided in the Lease according to the following rental schedule:


 

















 




	
  Lease Months

  	
   

  	
  Rent

  
	
   

  	
   

  	
   

  
	
  10/01/09 – 09/30/10

  	
   

  	
  $4,458.33 per month (based on a rental rate
  of $20.00 per square foot of Rentable Area per year in the Expansion Space)

  
	
   

  	
   

  	
   

  
	
  10/01/10 – 11/30/11

  	
   

  	
  $4,625.52 per month (based on a rental rate
  of $20.75 per square foot of Rentable Area per year in the Expansion Space)

  






 


4.                                 Renewal
Option. Landlord and Tenant acknowledge and agree that Tenant’s
future rights to extend or renew the term of the Lease with respect to the
Premises are as expressly provided in Exhibit F of the Original Lease.


 


5.                                 Broker. Tenant
represents and warrants that it has not been represented by any broker other
than Carl Williams in connection with the execution of this Amendment. Tenant shall indemnify and hold harmless Landlord and
its designated property management, construction and marketing firms, and their
respective partners, members, affiliates and subsidiaries, and all of their
respective officers, directors, shareholders, employees, servants, partners,
members, representatives, insurers and agents from and against all claims
(including costs of defense and investigation) of any broker or agent or
similar party claiming by, through or under Tenant in connection with this
Amendment.


 


6.                                 Miscellaneous.
This Amendment shall become effective only upon full execution and
delivery of this Amendment by Landlord and Tenant. This Amendment contains the
parties’ entire agreement regarding the subject matter covered by this
Amendment, and supersedes all prior correspondence, negotiations, and
agreements, if any, whether oral or written, between the parties concerning
such subject matter. There are no contemporaneous oral agreements, and there
are no representations or warranties between the parties not contained in this
Amendment. Except as modified by this Amendment, the terms and provisions of
the Lease shall remain in full force and effect, and the Lease, as modified by
this Amendment, shall be binding upon and shall inure to the benefit of the
parties hereto, their successors and permitted assigns. Landlord represents to
Tenant that the person signing this Amendment on behalf of Landlord is
authorized to execute this Amendment without the necessity of obtaining any
other signature, and that this Amendment is fully binding on Landlord.


 


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EXECUTED on the date first
stated herein, to be effective as of October 1, 2009, the Effective Date.


 


LANDLORD:


 


WTCC AUSTIN INVESTORS V, L.P.,

a Delaware limited partnership


 


	
  By: 

  	
  WTCC Austin Mezz GP V, L.L.C.,

  
	
   

  	
  a Delaware limited liability company,

  
	
   

  	
  its General Partner

  
	
   

  	
   

  
	
   

  	
  By: 

  	
  WTCC
  Austin Mezz V, L.P.,

  
	
   

  	
   

  	
  a Delaware limited partnership,

  
	
   

  	
   

  	
  its Sole Member

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: 

  	
  WTCC Austin GP V, L.L.C.,

  
	
   

  	
   

  	
   

  	
  a Delaware limited liability company,

  
	
   

  	
   

  	
   

  	
  its General Partner

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By: 

  	
  Walton TCC Austin Holdings V, L.L.C.,

  
	
   

  	
   

  	
   

  	
   

  	
  a Delaware limited liability company,

  
	
   

  	
   

  	
   

  	
   

  	
  its Sole Member

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  By: 

  	
  Walton Street Real Estate Fund V, L.P.,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  a Delaware limited partnership,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  its Managing Member

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
  By: 

  	
  Walton Street Managers V, L.P.,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  a Delaware limited partnership,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  its General Partner

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  By: 

  	
  WSC Managers V, Inc.,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  a Delaware corporation,

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  its General Partner

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  By: 

  	
  /s/ Brian T. Kelly

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  Name: 

  	
  Brian T. Kelly

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  Title:

  	
  Vice President

  



 


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  TENANT:

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  NETSPEND
  CORPORATION,

  	
   

  
	
   

  	
  a
  Delaware corporation

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Stephen W. Reesing

  	
   

  
	
   

  	
  Name:

  	
  Stephen W. Reesing

  	
   

  
	
   

  	
  Title:

  	
  SVP