Second Amendment to Lease Agreement among Forsgate Industrial Complex, Jean Philippe Fragrances, LLC, and Inter Parfums, Inc.

Summary

This agreement is a second amendment to the lease for 60 Stults Road, South Brunswick, New Jersey, between Forsgate Industrial Complex (landlord), Jean Philippe Fragrances, LLC (tenant), and Inter Parfums, Inc. (guarantor). The amendment extends the lease term to October 31, 2010, at an annual rent of $684,000. Inter Parfums, Inc. continues to guarantee all tenant obligations under the lease. All other terms of the original lease remain unchanged.

EX-10.1 3 e1094.txt INTER PARFUMS.EXHIBIT 10.94.AMENDMENT2.LEASE.60 STULTS ROAD.FINAL SECOND AMENDMENT OF LEASE This Second Amendment of Lease made as of the 22 day of April, 2003 by and among FORSGATE INDUSTRIAL COMPLEX, a limited partnership, with offices at 400 Hollister Road, Teterboro, New Jersey 07608 (hereinafter called "Landlord"), JEAN PHILIPPE FRAGRANCES, LLC, a New York limited liability company having its principal office at 551 Fifth Avenue, New York, New York 10176 (hereinafter called "Tenant") and Inter Parfums, Inc., (hereinafter called "Guarantor"), a Delaware corporation and parent of Tenant, its wholly-owned subsidiary, with its principal office at 551 Fifth Avenue, New York, New York 10176. WITNESSETH WHEREAS, Guarantor, as the original tenant and formerly known as Jean Philippe Fragrances, Inc., and Landlord, entered into a Lease dated July 10, 1995 for premises commonly known as 60 Stults Road in the Township of South Brunswick, County of Middlesex, State of New Jersey (the "Original Lease"); WHEREAS, Tenant, Guarantor and Landlord entered into a letter agreement dated June 30, 1999 (the "First Amendment"), whereby Guarantor assigned the Original Lease to Tenant, Guarantor guaranteed the obligations of Tenant, and Landlord consented to such assignment (and the Original Lease and the First Amendment are collectively referred to as the "Lease"); WHEREAS, Landlord and Tenant have agreed to renew the Lease for a period of seven (7) years at the same rent as the Original Lease; and WHEREAS, Tenant and Landlord have agreed to amend the Lease for the purpose of extending the term of the Lease to October 31, 2010; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The rental shall be $684,000.00 per annum or $57,000.00 per month and the term of the Lease is hereby extended to October 31, 2010. 2. Except as modified herein, all of the provisions of the Lease shall remain in full force and effect. 3. Guarantor hereby consents to this Amendment, and hereby unconditionally guarantees to the Landlord, the due performance of any and all obligations of Tenant under the Lease, including but not limited to, any and all payments due to the Landlord, past, present and future, under the Lease as amended hereby, together with all future, assignments, renewals, extensions and amendments thereof, if any. IN WITNESS WHEREOF, the parties have set their hands and seals and caused these presents to be signed by their proper corporate officer and their proper corporate seal to be hereto affixed the day and year first above written WITNESS: FORSGATE INDUSTRIAL COMPLEX /s/ [unintelligible] By: /s/ Charles Klatskin Charles Klatskin, General Partner s/ [unintelligible] By: /s/ Stephen Seiden Stephen Seiden, General Partner ATTEST: JEAN PHILIPPE FRAGRANCES, LLC By: Inter Parfums, Inc., Sole Member /s/ Michelle Sharno By: /s/ Russell Greenberg Name: Russell Greenberg Title: Executive Vice President ATTEST: INTER PARFUMS, INC. /s/ Michelle Sharno By: /s/ Russell Greenberg Name: Russell Greenberg Title: Executive Vice President STATE OF NEW JERSEY ) ) SS: County of Bergen ) BE IT REMEMBERED, that on this 24 day of April, 2003, before me, the subscriber, personally appeared CHARLES KLATSKIN and STEPHEN SEIDEN, who I am satisfied, are the persons named in and who executed the within instrument, and thereupon they acknowledged that they signed sealed and delivered the same as their act and deed, and the act and deed of the said FORSGATE INDUSTRIAL COMPLEX, a partnership, for the uses and purposes therein expressed. /s/ Marcia Teisch Marcia Teisch Notary Public of New Jersey My commission expires Jan. 6, 2004 STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) BE IT REMEMBERED, that on this 22nd day of April, 2003, before me, the subscribed, personally appeared RUSSELL GREENBERG, who I am satisfied is the person who signed the within instrument as Executive Vice President of Inter Parfums, Inc., the corporation named herein and he/she thereupon acknowledged that the said instrument made by the corporation and sealed with its corporate seal, was signed, sealed with the corporate seal and delivered by him/her as such officer and is the voluntary act and deed of the corporation, made by virtue of authority from its Board of Directors. /s/ Yolette Jacques Yolette Jacques Notary Public State of New York No. 01JA6032210 Qualified Queens County Commission expires Oct. 18, 2005 Certificate Filed New York County 771890_1.DOC Exhibit 10.94