Second Amendment to Lease Agreement between Ryan Rogers, LLC and D56, Inc.

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Summary

This document is a second amendment to a lease agreement between Ryan Rogers, LLC (landlord) and D56, Inc. (tenant) for premises in Rogers, Minnesota. The amendment updates a specific provision regarding operating costs, replacing the previous language with new terms about the landlord's costs and obligations. All other terms of the original lease and the first amendment remain unchanged. Department 56, Inc., as guarantor, consents to this amendment.

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EX-10.4 6 dept56051316_ex10-4.htm Exhibit 10.4 to Department 56, Inc. Form 10-K dated January 1, 2005
EXHIBIT 10.4
SECOND AMENDMENT TO LEASE

This Second Amendment to Lease, dated as of January 23, 2003 (Second Amendment), between Ryan Rogers, LLC (Landlord) and D56, Inc. (Tenant).

WITNESSETH, that:

        WHEREAS, Ryan Companies US, Inc. (“Ryan”), the predecessor in interest to Landlord, and Tenant have entered into a Lease dated April 14, 1999 (Lease), whereby Landlord has leased to Tenant certain Premises located at Wilfred Lane North and Commerce Boulevard in the City of Rogers, County of Hennepin, State of Minnesota, consisting of the Premises, as such Premises are defined in the Lease; and

        WHEREAS, Ryan and Tenant have entered into Lease Amendment One dated April 28, 2000, amending the Lease; and

        NOW, THEREFORE, Landlord and Tenant desire and intend hereby to further amend the Lease as specifically hereinafter set forth and provided:

1.   In Section 5, on the bottom of page 13, in the subsection that begins with:

        “The following shall be excluded from Operating Costs:”

  Item A. shall be eliminated in its entirety and replaced with the following:

        “A. Landlord’s costs and obligations under Section 7.A.”

        EXCEPT as expressly amended or supplemented herein, the Lease shall remain as amended by Lease Amendment One, and continue in full force and effect in all respects.

        IN WITNESS WHEREOF, this Second Amendment is hereby executed and delivered effective as of the date and year first above written.

LANDLORD:          Ryan Rogers, LLC  
 
  BY:         /s/   [NAME ILLEGIBLE]  
 
           Its Manager  
 
 
TENANT          D56, Inc.  
 
  BY:         /s/   Timothy J. Schugel  
 
  Its:         EVP & CFO  
 





Consent by Guarantor

The undersigned, being the guarantor of the obligations of the Tenant under the Lease described above, does hereby consent to the foregoing Second Amendment to Lease.

             
 Department 56, Inc.
 
 By:     /s/   Timothy J. Schugel
 
 Its:    EVP & CFO