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Tenant: BigCommerce, Inc.
Premises: Four Points Centre, Suites 2-100, 2-201, 2-210, 2-300 and 1-150
SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (Amendment) is made and entered into as of October 4, 2018, by and between G&I VII FOUR POINTS LP, a Delaware limited partnership (Landlord), and BIGCOMMERCE, INC., a Texas corporation (Tenant).
A. Landlord, as successor-in-interest to New TPG-Four Points, L.P., and Tenant are parties to a Lease (Original Lease) dated November 20, 2012, as amended by a First Amendment to Lease (First Amendment) dated as of February 5, 2018 (the Original Lease as amended by the First Amendment is referred to herein as the Current Lease), for the Premises in the building known as Four Points Centre, Building II, located at 11305 Four Points Drive, Austin, Texas 78726. The Current Lease as amended by this Amendment is referred to herein as the Lease.
B. Tenant no longer desires to lease from Landlord, and Landlord no longer desires to lease to Tenant, the Additional Space, and Tenant desires to surrender to Landlord Suite 2-201. In lieu thereof, Tenant desires to lease from Landlord, and Landlord desires to lease to Tenant, certain additional premises in the Building presently known as Suite 2-210 (Must-Take Space), consisting of approximately 7,583 rentable square feet of space, as shown on the location plan attached hereto as Exhibit A.
C. Landlord and Tenant wish to amend the Current Lease with respect to the Must-Take Space upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Landlord and Tenant hereby agree as follows:
1. Incorporation of Recitals; Definitions. The recitals set forth above are hereby incorporated herein by reference as if set forth in full in the body of this Amendment. Capitalized terms used but not otherwise defined in this Amendment have the respective meanings given to them in the Current Lease.
2. Additional Premises. The words the Additional Premises in Section 3(e) of the First Amendment are hereby deleted. Clause (iv) in Section 6 of the First Amendment is hereby deleted. Exhibit A-2 attached to the First Amendment is hereby deleted in its entirety and replaced with Exhibit A attached hereto.
3. Suite 2-201; Must-Take Space. Section 4 of the First Amendment is hereby deleted in its entirety and the following is inserted in lieu thereof:
(a) Effective on September 1, 2018 through the day prior to the Must-Take Space Commencement Date (as defined below), the Premises shall include Suite 2-201, Tenants Pro Rata Share of Operating Expenses shall be recalculated, and Base Rent with respect to Suite 2-201 shall be at the rate of $21.50 per rentable square foot. The Term with respect to Suite 2-201 shall end on the day prior to the Must-Take Space Commencement Date, and Tenant shall vacate and surrender to Landlord Suite 2-201 on or before such date.
(b) The Term for the Must-Take Space commences on the date (Must-Take Space Commencement Date) that is the earlier of: (i) the date on which Tenant first occupies all or any portion of the Must-Take Space for the conduct of Tenants business (or the conduct of its transferees business under a Permitted Transfer) at any time after the Must-Take Space Delivery Date; or (ii) the date that is 120 days after the Must-Take Space Delivery Date. The Must-Take Space Delivery Date means the date on which Landlord delivers to Tenant exclusive possession of the Must-Take Space, accompanied by notice of such delivery. Effective on the Must-Take Space Commencement Date, the Premises shall include the Must-Take Space, and Tenants Pro Rata Share of Operating Expenses shall be recalculated. The Term for the Must-Take Space shall expire on April 30, 2028. Tenant shall not pay any Rent for the Must-Take Space until the earlier of the date when Tenant actually occupies the Must-Take Space or October 1, 2020. Upon the date Tenant actually occupies the Must-Take Space for the conduct of Tenants business through September 30, 2020, Tenant shall pay only variable expenses associated with such occupancy (that is, expenses incurred by Landlord solely and directly as a result of Tenants actual occupancy of the Must-Take Space, such as utility costs and Tenants Pro Rata Share of janitorial expenses with respect to the Must-Take Space) that are otherwise chargeable under the Lease. Commencing on October 1, 2020, Tenant shall pay Base Rent for the Must-Take Space at the rate per rentable square foot as per the rent chart set forth in Section 5(a) below, subject to Section 5(c) below.