First Amendment to Master Lease Agreement between Wal-Mart Entities and CPI Corp.
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Summary
This amendment updates the Master Lease Agreement between various Wal-Mart entities (as landlords) and CPI Corp. (as tenant), following CPI Corp.'s acquisition of the lease from Portrait Corporation of America. The amendment clarifies that both parties will honor all obligations for leased premises listed in the attached exhibit, and that the amendment's terms take precedence over the original lease in case of conflict. All other terms of the original lease remain unchanged. The agreement is effective as of June 20, 2007, and is binding on successors and assigns.
EX-10.60 2 exh10_60.htm EXHIBIT 10.60 FIRST AMENDMENT TO WAL-MART MASTER LEASE AGREEMENT exh10_60.htm
EXHIBIT 10.60
FIRST AMENDMENT TO THE MASTER LEASE
Wal-Mart Stores East, LP, individually and only as to Stores (as defined in the Master Lease Agreement) owned, leased, or operated in AL, CT, DE, FL, GA, IN, KY, ME, MD, MA, MI, MS, MO, NH, NJ, NM, NY,NC, OH, OK, PA, RI, SC, TN, VT, VA, WI, WV; Wal-Mart Stores, Inc., individually and only as to Stores owned or leased in AK, AR, AZ, CA, CO, HI, ID, IL, IA, KS, MN, MT, NE, NV, ND, OR, SD, UT, WA, WY; Wal-Mart Louisiana, LLC, individually and only as to Stores owned or leased in Louisiana; and Wal-Mart Stores Texas, LP, individually and only as to Stores owned or leased in Texas (each referred to as “Landlord” for purposes of this Master Lease as it applies to the Store) and CPI Corp. (“Tenant”), as successor-in-interest to Portrait Corporation of America, Inc. (“PCA”) enter into this First Amendment to the Master Lease (this “First Amendment”) as of the 20th day of June 2007.
Whereas, Landlord and PCA entered into the Master Lease Agreement effective June 8, 2007 (together with the any appendices, exhibits, attachments, and amendments, the “Master Lease”); and
Whereas, Tenant purchased from PCA all interest in the Master Lease thereby assuming all of PCA’s rights and obligations under the Master Lease as of June 8, 2007 (the “Transfer”);
Whereas, Landlord consented to the Transfer; and
Whereas, Landlord and Tenant each desire to modify the Master Lease as described more fully below.
Now therefore, in consideration of the mutual promises and premises set forth above and below, the receipt and sufficiency of which both Tenant and Landlord acknowledge, Tenant and Landlord each agree as follows:
1. | In lieu of Tenant and Landlord each signing separate Attachment A’s for Leased Space formerly leased by PCA under the April 4, 2002 Wal-Mart Master License Agreement, Tenant and Landlord each shall honor all obligations of the other under the Master Lease for each Leased Premises located in a Store listed in Exhibit A, which is attached to this First Amendment and incorporated into the Master Lease. |
2. | All capitalized terms not defined in this First Amendment shall have the same meaning ascribed to those terms in the Master Lease. |
3. | In the event of any conflict between the terms of this First Amendment and the terms of the Master Lease, the terms of this First Amendment shall govern and control. |
4. | This First Amendment may be executed in one or more counterparts, all of which are one and the same First Amendment and all of which become effective on the Effective Date mentioned above. A facsimile or digital signature of any party is binding upon that party as if it were an original signature. |
5. | This First Amendment shall be binding upon and shall inure to the benefit of their respective successors and assigns. |
6. | Except as expressly modified and amended by this First Amendment, all other terms, covenants, and conditions of the Master Lease shall continue and remain in full force and effect. |
[signature page to follow]
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Signed: | |||
Landlord: Wal-Mart Stores, Inc. | |||
By: | /s/Don R. Etheredge | July 6, 2007 | |
Don R. Etheredge | Date | ||
Wal-Mart Stores, Inc. | |||
Signed: | |||
Landlord: Wal-Mart Stores East, LP | |||
By: | /s/Don R. Etheredge | July 6, 2007 | |
Don R. Etheredge | Date | ||
Wal-Mart Stores East, LP | |||
Signed: | |||
Landlord: Wal-Mart Stores Texas, LP | |||
By: | /s/Don R. Etheredge | July 6, 2007 | |
Don R. Etheredge | Date | ||
Wal-Mart Stores Texas, LP | |||
Signed: | |||
Landlord: Wal-Mart Stores Louisiana, LLC | |||
By: | /s/Don R. Etheredge | July 6, 2007 | |
Don R. Etheredge | Date | ||
Wal-Mart Stores Louisiana, LLC | |||
Signed: | |||
Tenant: CPI Corp. | |||
By: | /s/Gary W. Douglass | June 25, 2007 | |
Gary W. Douglass | Date | ||
Executive Vice President, Chief Financial Officer | |||
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Exhibit A
List of Locations
(Attached)
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