exv10w3



 






Exhibit 10.3




FIRST AMENDMENT OF SUBLEASE




THIS FIRST AMENDMENT OF SUBLEASE (this “First Amendment”) is made as of this 1st
day of May, 2006 by and between D&K HEALTHCARE RESOURCES LLC, a Delaware limited liability company
(“Sublandlord”), and UNITED STATES PHARMACEUTICAL GROUP, L.L.C., a Delaware limited liability
company, d/b/a NationsHealth (“Subtenant”).



WHEREAS, pursuant to the terms of a certain Industrial Lease Agreement, dated as of February
6, 2001, as amended by a First Amendment to Industrial Lease Agreement, dated as of November 27,
2001 (as amended, the “Lease”) by and between Industrial Property Fund III, L.P., a Georgia limited
partnership, as landlord (“Landlord”), and Sublandlord’s predecessor-in-interest, as tenant,
Sublandlord’s predecessor-in-interest leased premises containing approximately 24,140 square feet
of space located at 2955 West Corporate Lakes Boulevard, Weston, Florida and as more particularly
described in the Lease (herein, the “Premises”);



WHEREAS, pursuant to that certain Sublease dated May 19, 2004 (the “Sublease”), the
Sublandlord has subleased to Subtenant the entire Premises according to the terms and conditions
set forth in the Sublease;



WHEREAS, the current term of the Sublease expires on May 1, 2006;




WHEREAS, Sublandlord and Subtenant desire to extend the term of the Sublease so that it shall
expire on September 3, 2006 (the “Expiration Date”); and



WHEREAS, Sublandlord and Subtenant desire to amend the Sublease to reflect such extension and
to modify certain other provisions thereof.



NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
Sublandlord and Subtenant agree as follows:



1. All capitalized terms used herein, unless otherwise defined herein, shall have the
meanings set forth in the Sublease.



2. Sublandlord and Subtenant agree that the current term of the Sublease shall be extended so
that it shall expire on September 3, 2006 (the “Expiration Date”).



3. Rent during the period commencing on May 1, 2006 and ending on the Expiration Date shall
be as follows:


 


 









 





	 	 	 	 	 
	Base Rent/Month	 	Additional Rent/Month	 	Total Rent/Month
	$15,849.04
	 	$3,386.99	 	$19,236.03






Concurrently with payment of each installment of Rent Subtenant shall also pay as additional
rent any applicable Florida State sales or use tax on such installment.



4. Section of the Sublease is hereby amended to provide that any notice, demand, request,
consent, approval or other communication to be given to Sublandlord shall be sent to the following
addresses:




D&K Healthcare Resources LLC

c/o McKesson Corporation

One Post Street, 34th Floor

San Francisco, CA 94104

Attention: McKesson Real Estate




with copies to:




Trammell Crow Company

Attn.: McKesson Lease Administration

1687 114th Street, S.E.

Suite 250

Bellevue, WA 98004



5. Effective as of June 1, 2006 all rent payments under the Sublease shall be made to the
following address: D&K Healthcare Solutions LLC, c/o McKesson Corporation, One Post Street,
34th Floor, San Francisco, CA 94104, Attention: McKesson Real Estate, unless and until
Sublandlord shall designate in writing a different or further address to which rent shall be
payable.



6. All other terms and conditions of the Sublease shall remain in full force and effect.
In the event of any conflict between the provisions of the Basic Lease or the Sublease and the
provisions of this First Amendment, the provisions of this First Amendment shall prevail.


 


 









 





IN WITNESS WHEREOF, the parties hereto have caused this First Amendment of Sublease to be
executed as of the day and year first above written.



	 	 	 	 	 	 	 
	 	 	SUBLANDLORD:	 	 
	 
	 	 	 	 	 	 
	 	 	D&K HEALTHCARE RESOURCES LLC,

a Delaware limited liability company
	 
	 	 	 	 	 	 
	 

	 	By:
	 	   K. Veaco
 

	 	 
	 

	 	Its:
	 	   V.P. & Secretary	 	 
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	SUBTENANT:	 	 
	 
	 	 	 	 	 	 
	 	 	UNITED STATES PHARMACEUTICAL GROUP, L.L.C.,

a Delaware limited liability company,

d/b/a NationsHealth
	 
	 	 	 	 	 	 
	 

	 	By:
	 	   Robert E. Tremain	 	 
	 

	 	 	 	 	 	 
	 

	 	Its:
	 	   C.O.O.