EX-10.1



 





Exhibit 10.1



THIS LEASE AMENDMENT, is made between Mulvaney Properties LLC, a Connecticut Limited Liability
Company, with a mailing address of : Mulvaney Properties LLC, C/O George Mulvaney, 4 Christopher
Columbus Avenue, Danbury, Connecticut 06810, (hereinafter referred to as “Landlord”), and Biodel,
Inc., a Delaware corporation, qualified to do business in the State of Connecticut, with a mailing
address of: 6 Christopher Columbus Avenue, Danbury, CT 06810, (hereinafter referred to as
“Tenant”).




W I T N E S S E T H:



WHEREAS, Landlord and Tenant entered into a Lease dated July 23, 2007 of the premises situated at
100 Saw Mill Road, Danbury, Connecticut and more particularly described on Exhibit “A” attached
thereto (the “Lease”), and



WHEREAS, Landlord and Tenant desire to amend the Lease so that the term and the renewal option
shall be for the period of seven (7) years instead of five (5) years,



NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and
valuable consideration, the parties hereto hereby agree as follows:



1. The Lease is hereby amended effective as the date hereof so paragraph 2. thereof shall read in
its entirety as follows:





TERM: The term of this Agreement shall be for the period of seven
(7) years, from August 1, 2007 (the “commencement date”), until
midnight on July 31, 2014 (the “termination date”).


2. The Lease is hereby further amended effective as the date hereof so paragraph 39. thereof shall
read in its entirety as follows:





OPTION TO RENEW: Provided (i) that at the time of option to extend
or renew hereunder, Tenant shall not be in default under the terms,
covenants and provisions of this lease beyond the applicable grace
period; (ii) that Tenant shall notify Landlord in writing not later
than 180 days prior to the expiration of the lease or the expiration
of the first renewal term that Tenant desires an extension of this
lease; (iii) that such extension shall be upon the same terms,
covenants and provisions as are contained in the lease as then
extended, except for the option set forth herein, and except as
modified by the provisions of this paragraph, Landlord hereby grants
the Tenant the privilege of extending the term of this lease for one
(1) seven (7) year term. It is understood and agreed that the
provisions (i) and (ii) above are conditions precedent to the
extension of this lease and in the event that Tenant fails to comply
with them at the time Tenant exercises this extension, this
privilege shall have no force or effect.


3. Except as so amended, the Lease is ratified and confirmed in all respects.




 









 




IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Lease Amendment this
1st day of October, 2007.




	 	 	 	 	 
	IN THE PRESENCE OF:
	 	 	 	 
	 
	 	 	 	 
	/s/ Erik Steiner

	 	BY:
	 	/s/ George Mulvaney
	 
Witness

	 	 	 	 
Signature of Landlord
	 
	 	 	 	 
	 

	 	 	 	George Mulvaney, Managing Member
	 
Witness

	 	 	 	 
MULVANEY PROPERTIES, LLC
	 
	 	 	 	 
	/s/ R. Timmis Ware

	 	BY:
	 	/s/ Solomon S. Steiner
	 
Witness

	 	 	 	 
Signature of Tenant
	 
	 	 	 	 
	 
	 	 	 	 
	 
Witness

	 	 	 	 
Solomon S. Steiner, Ph.D.
	 

	 	 	 	Chief Executive Officer & Chairman
	 

	 	 	 	Biodel, Inc.