SIXTH AMENDMENT TO LEASE

Contract Categories: Real Estate - Lease Agreements
EX-10.3 4 d537373dex103.htm EX-10.3 EX-10.3

Exhibit 10.3

SIXTH AMENDMENT TO LEASE

THIS SIXTH AMENDMENT TO LEASE (this “Amendment”) dated as of July 29, 2013 is entered into between REDWOOD BUSINESS CENTER 1 LLC, a California limited liability company and AMERIVINE TOWN CENTER, LLC, a California limited liability company (collectively, “Landlord”), and CYAN, INC., WHICH WILL DO BUSINESS IN CALIFORNIA AS CYAN CALIFORNIA, a Delaware corporation (“Tenant”).

THE PARTIES ENTER INTO THIS AMENDMENT based upon the following facts, understandings and intentions:

A. Landlord and Tenant previously entered into that certain Redwood Business Center Full Service Lease dated as of April 25, 2007, as amended by that certain First Amendment to Lease dated as of March 30, 2010, that certain Second Amendment to Lease dated as of April 30, 2012, that certain Third Amendment to Lease dated as of September 4, 2012, that certain Fourth Amendment to Lease dated as of March 1, 2013, and that certain Fifth Amendment to Lease (the “Fifth Amendment”) dated as of July 2, 2013 (collectively, the “Lease”), pursuant to which Landlord leases to Tenant approximately Twenty Seven Thousand Six Hundred Eighty (27,680) rentable square feet of space within the building located at 1383 North McDowell Boulevard in Redwood Business Center, Petaluma, California (the “Building”), as more particularly described in the Lease. The capitalized terms used in this Amendment and not otherwise defined herein shall have the same meanings given to such terms in the Lease.

B. Landlord and Tenant now desire to amend the Lease as provided herein.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:

1. Condition Precedent—Financing. The expiration date for the condition precedent set forth in Section 8 of the Fifth Amendment is hereby extended from July 31, 2013 to August 14, 2013.

2. Entire Agreement. This Amendment, together with the Lease, represents the entire understanding between Landlord and Tenant concerning the subject matter hereof, and there are no understandings or agreements between them relating to the Lease, the Current Premises or Suite 350 not set forth in writing and signed by the parties hereto. No party hereto has relied upon any representation, warranty or understanding not set forth herein, either oral or written, as an inducement to enter into this Amendment.

3. Continuing Obligations. Except as expressly set forth to the contrary in this Amendment, the Lease remains unmodified and in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control.


4. Counterparts/Facsimile. This Amendment may be executed in counterparts and delivered via facsimile.

[SIGNATURES ON FOLLOWING PAGE]


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

 

REDWOOD BUSINESS CENTER 1 LLC,

a California limited liability company

  CYAN, INC., WHICH WILL DO BUSINESS IN CALIFORNIA AS CYAN CALIFORNIA, a Delaware corporation
By:  

Redwood Technology Center, LLC

a California limited liability company

   
  Its:   Manager and Sole Member   By:  

/s/ Michael Zellner

        Name:   Michael Zellner
  By:  

G&W Ventures, LLC

a California limited liability company

  Its:   CFO
    Its:   Manager    
    By:  

/s/ Matthew T. White

   
      Matthew T. White, Manager    

AMERIVINE TOWN CENTER, LLC,

a California limited liability company

   
By:  

Amerivine Inc.

a California corporation

   
  Its:   Sole Member    
  By:  

/s/  David F. Coleman

   
          David F. Coleman    
          Its: President