{"id":41906,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/centre-pointe-business-park-roseville-mn-lease-supplement.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"centre-pointe-business-park-roseville-mn-lease-supplement","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/land\/centre-pointe-business-park-roseville-mn-lease-supplement.html","title":{"rendered":"Centre Pointe Business Park (Roseville, MN) Lease Supplement &#8211; Wells Fargo Bank Northwest NA and VERITAS Software Corp."},"content":{"rendered":"<pre>\n                             LEASE SUPPLEMENT NO. 3\n\n\n     THIS LEASE SUPPLEMENT NO. 3 (this \"Lease Supplement\") dated as of this \n27th day of February, 2002, and effective as May 30, 2001, between WELLS FARGO \nBANK NORTHWEST, NATIONAL ASSOCIATION (as successor to First Security Bank, \nNational Association) a national banking association, not individually, but \nsolely as the Owner Trustee under the VS Trust 2000-1, as lessor (the \n\"Lessor\"), and VERITAS SOFTWARE CORPORATION, a Delaware corporation (as \nassignee of VERITAS Operating Corporation), as lessee (the \"Lessee\").\n\n     WHEREAS, Lessor is the owner or will be the owner of the Property \ndescribed on Schedule 1-A hereto (the \"Leased Property\") and wishes to lease \nthe same to Lessee;\n\n     NOW, THEREFORE, in consideration of the premises and the mutual agreements\nherein contained and other good and valuable consideration, the receipt and \nsufficiency of which are hereby acknowledged, the parties hereto agree as \nfollows:\n\n     SECTION 1. DEFINITIONS; RULES OF USAGE. For purposes of this Lease \nSupplement, capitalized terms used herein and not otherwise defined herein \nshall have the meanings assigned to them in Appendix A to the Participation \nAgreement, dated as of March 9, 2000, among Lessee, the various parties thereto \nfrom time to time, as the Guarantors, Lessor, not individually, except as \nexpressly stated therein, but solely as the Owner Trustee under the VS Trust \n2000-1, the various banks and other lending institutions which are parties \nthereto from time to time, as the Holders, the various banks and other lending \ninstitutions which are parties thereto from time to time, as the Lenders, and \nBank of America, N.A., as the Agent for the Lenders and respecting the Security \nDocuments, as the Agent for the Lenders and Holders, to the extent of their \ninterests, as such may be amended, modified, extended, supplemented, restated \nand\/or replaced from time to time.\n\n     SECTION 2. THE PROPERTIES. Attached hereto as Schedule 1-A is the \ndescription of the Leased Property, consisting of Improvements only, with an \nEquipment Schedule attached hereto as Schedule 1-B, and a legal description of \nthe Land attached hereto as Schedule 1-C. Effective upon the execution and \ndelivery of this Lease Supplement by Lessor and Lessee, the Leased Property \nshall be subject to the terms and provisions of the Lease. Without further \naction, any and all additional Equipment funded under the Operative Agreements \nand any and all additional Improvements made to the Land shall be deemed to be \ntitled to the Lessor and subject to the terms and conditions of the Lease and \nthis Lease Supplement.\n\n     SECTION 3. USE OF PROPERTY. At all times during the Term with respect to \neach Property, Lessee will comply with all obligations under and (to the extent \nno Event of Default exists and provided, that such exercise will not impair the \nvalue of such Property) shall be permitted to exercise all rights and remedies \nunder, all operation and easement agreements and related or similar agreements \napplicable to such Property.\n\n     SECTION 4. RATIFICATION; INCORPORATION BY REFERENCE. Except as \nspecifically modified hereby, the terms and provisions of the Lease and the \nOperative Agreements are hereby\n\n\n\nratified and confirmed and remain in full force and effect. The Lease is hereby \nincorporated herein by reference as though restated herein in its entirety.\n\n     SECTION 5. ORIGINAL LEASE SUPPLEMENT. The single executed original of this \nLease Supplement marked \"THIS COUNTERPART IS THE ORIGINAL EXECUTED COUNTERPART\" \non the signature page thereof and containing the receipt of the Agent therefor \non or following the signature page thereof shall be the original executed \ncounterpart of this Lease Supplement (the \"Original Executed Counterpart\"). To \nthe extent that this Lease Supplement constitutes chattel paper, as such term \nis defined in the Uniform Commercial Code as in effect in any applicable \njurisdiction, no security interest in this Lease Supplement may be created \nthrough the transfer or possession of any counterpart other than the Original \nExecuted Counterpart.\n\n     SECTION 6. GOVERNING LAW. THIS LEASE SUPPLEMENT SHALL BE GOVERNED BY AND \nCONSTRUED, INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAW OF THE STATE OF \nNEW YORK, EXCEPT TO THE EXTENT THE LAWS OF THE STATE WHERE A PARTICULAR \nPROPERTY IS LOCATED ARE REQUIRED TO APPLY.\n\n     SECTION 7. COUNTERPART EXECUTION. This Lease Supplement may be executed in \nany number of counterparts and by each of the parties hereto in separate \ncounterparts, all such counterparts together constituting but one (1) and the \nsame instrument.\n\n     SECTION 8. MAXIMUM RESIDUAL GUARANTEE AMOUNT. The Maximum Residual \nGuarantee Amount shall mean an amount equal to the product of the aggregate \nProperty Cost of the Leased Property (exclusive of any Land Cost) multiplied by \neighty-three and one-half percent (83.5%).\n\n     For purposes of the provisions of this Lease Supplement concerning this \nLease Supplement constituting a security agreement and fixture filing, the \naddresses of the debtor (Lessee herein) and the secured party (Lessor herein), \nfrom whom information may be obtained about this Lease Supplement, are as set \nforth on the signature pages hereto.\n\n        [The remainder of this page has been intentionally left blank.]\n\n\n                                       2\n\n     IN WITNESS WHEREOF, each of the parties hereto has caused this Lease \nSupplement to be duly executed by an officer thereunto duly authorized as of \nthe date and year first above written.\n\n                                   \n                                   WELLS FARGO BANK NORTHWEST, not\n                                   individually, but solely as the Owner Trustee\n                                   under the VS Trust 2000-1, as Lessor\n\n                                   By: \/s\/ VAL T. ORTON\n                                       --------------------------------------\n                                   Name: Val T. Orton\n                                         ------------------------------------\n                                   Title: Vice President\n                                          -----------------------------------\n                                   \n                                   Wells Fargo Bank Northwest\n                                   79 South Main Street, Third Floor\n                                   Salt Lake City, Utah 84111\n                                   Attn: Val T. Orton\n                                         Vice President\n\n                                   VERITAS SOFTWARE GLOBAL\n                                   CORPORATION, as Lessee\n\n                                   By: \/s\/ KEVIN OLSON\n                                       --------------------------------------\n                                   Name: Kevin Olson\n                                         ------------------------------------\n                                   Title: Treasurer\n                                          -----------------------------------\n\n                                   c\/o VERITAS Software Corporation \n                                   350 Ellis Street\n                                   Mountain View, California 94043\n                                   Attn: Jay Jones\n\n\nReceipt of this original counterpart\nof the foregoing Lease Supplement\nis hereby acknowledged as the date hereof.\n\nBANK OF AMERICA, N.A., as the Agent\n\nBy: \/s\/ CARL FYE\n    --------------------------------------\nName: Carl Fye\n      ------------------------------------\nTitle: Vice President\n       -----------------------------------\n\nBank of America, N.A.\n901 Main Street, 14th Floor\nMail Code TX1-492-14-11\nDallas, Texas 75202\nAttn: Otis E. Howard\n\n                                  SCHEDULE 1-A\n                           TO LEASE SUPPLEMENT NO. 3\n\n                      (Description of the Leased Property)\n\nThe Improvements on the Land described in Schedule 1-C attached hereto and \nincorporated herein by this reference.\n\n                                  SCHEDULE 1-B\n                           TO LEASE SUPPLEMENT NO. 3\n                                        \n                                  (Equipment)\n\nThe Equipment attached to, contained in or used or usable in connection with \nthe Improvements on the Land described in Schedule 1-C attached hereto and \nincorporated herein by this reference.\n\n                                  SCHEDULE 1-C\n                           TO LEASE SUPPLEMENT NO. 3\n\n                                     (Land)\n\n     Lots 5, 6 and 7, Block 1, Centre Pointe Business Park, according to the \nrecorded plat thereof, Ramsey County, Minnesota, except that part of said Lot 5 \nlying Northerly of a line described as follows:\n\n     Commencing at the most Northerly Northwest corner of said Lot 5; thence \nSouth 00 degrees 00 minutes 00 seconds West, assumed bearing, along a West line \nof said Lot 5, a distance of 46.92 feet to the beginning of the line to be \ndescribed; thence North 90 degrees 00 minutes 00 seconds East a distance of \n265.37 feet to the Northeasterly line of said Lot 5 and said line there \nterminating.\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9244,9312],"corporate_contracts_industries":[9415,9513],"corporate_contracts_types":[9597,9579],"class_list":["post-41906","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-veritas-software-corp","corporate_contracts_companies-wells-fargo---co","corporate_contracts_industries-financial__banks","corporate_contracts_industries-technology__software","corporate_contracts_types-land__mn","corporate_contracts_types-land"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/41906","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=41906"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=41906"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=41906"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=41906"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}