Exhibit 10.6
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE ("First Amendment") is entered into as of this 4th
day of January, 2008 (the "Effective Date"), by and between HORSHAM PROPERTY
ASSOCIATES, LP, ("Landlord") and OPTIUM CORPORATION ("Tenant").
Recitals
A.
200 PRECISION DRIVE INVESTORS, LLC
("PRECISION") AND TENANT ENTERED INTO THAT CERTAIN LEASE DATED SEPTEMBER 29,
2006, AS CONFIRMED IN THAT CERTAIN LETTER AGREEMENT DATE SEPTEMBER 29, 2006
(COLLECTIVELY HEREINAFTER THE "LEASE"), DEMISING CERTAIN SPACE CONSISTING OF
APPROXIMATELY OF SIXTY-THREE THOUSAND SEVEN HUNDRED FIFTY-SEVEN (63,757)
RENTABLE SQUARE FEET (THE "CURRENT PREMISES") IN THE BUILDING LOCATED AT 200
PRECISION DRIVE, HORSHAM, PENNSYLVANIA (THE "BUILDING"). LANDLORD IS SUCCESSOR
IN INTEREST TO PRECISION.
B.
Tenant now desires to expand the Current
Premises by leasing from Landlord approximately seventeen thousand two hundred
eighteen (17,218) rentable square feet of space within the Building, (the
"Expansion Premises"), and Landlord desires to lease to Tenant the Expansion
Premises. The Current Premises and the Expansion Premises are collectively
referred to herein as the "New Premises". The New Premises will consist of
approximately eighty thousand nine hundred seventy-five (80,975) rentable square
feet of space, as depicted on Exhibit "A", attached hereto and made a part
hereof.
C.
LANDLORD AND TENANT NOW DESIRE TO AMEND
THE LEASE TO (I) INCREASE THE SQUARE FOOTAGE OF THE CURRENT PREMISES,
(II) PROVIDE FOR A REVISED RENTAL AMOUNT, AND (III) RECAST AND EXTEND THE TERM
OF THE LEASE, ALL UPON THE TERMS AND CONDITIONS AS HEREINAFTER SET FORTH.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties mutually covenant and agree as follows:
1.
CAPITALIZED TERMS; EFFECT. CAPITALIZED TERMS USED IN THIS FIRST
AMENDMENT WHICH ARE NOT SPECIFICALLY DEFINED HEREIN SHALL HAVE THE MEANINGS
GIVEN SUCH TERMS IN THE LEASE.
2.
EXPANSION PREMISES. EFFECTIVE AS OF THE EXPANSION PREMISES
COMMENCEMENT DATE, DEFINED BELOW, LANDLORD HEREBY LEASES TO TENANT, AND TENANT
HEREBY ACCEPTS FROM LANDLORD, THE EXPANSION PREMISES TO BE USED BY TENANT SOLELY
FOR THE USE SET FORTH IN THE LEASE. ALL TERMS AND CONDITIONS OF THE LEASE (AS
AMENDED HEREBY) SHALL APPLY TO THE LEASE OF THE EXPANSION PREMISES EXCEPT AS
SPECIFICALLY SET FORTH HEREIN.
3.
EXPANSION PREMISES TERM. THE TERM OF THE LEASE IS HEREBY RECAST
AND EXTENDED FOR AN ADDITIONAL PERIOD OF FIVE (5) YEARS AND THREE (3) MONTHS,
COMMENCING ON THE EXPANSION PREMISES COMMENCEMENT DATE AND ENDING ON THE DATE
(THE "EXPIRATION DATE") WHICH IS (I) THE DAY IMMEDIATELY PRECEDING THE FIVE
(5) YEAR, THREE (3) MONTH ANNIVERSARY OF THE EXPANSION PREMISES COMMENCEMENT
DATE, IF THE EXPANSION PREMISES COMMENCEMENT DATE IS THE FIRST DAY OF A CALENDAR
MONTH, OR (II) THE LAST DAY OF THE CALENDAR MONTH IN WHICH THE FIVE (5) YEAR,
THREE (3) MONTH ANNIVERSARY OF THE EXPANSION PREMISES COMMENCEMENT DATE OCCURS,
IF THE EXPANSION PREMISES COMMENCEMENT DATE IS ANY DAY OTHER THAN THE FIRST DAY
OF A CALENDAR MONTH (THE "EXPANSION PREMISES TERM").
4.
EXPANSION PREMISES COMMENCEMENT DATE. THE