Common use of Additional Security Deposit Clause in Contracts

Additional Security Deposit. A. Tenant shall deliver a letter of credit for Suite 200A (the "Suite 200A Letter of Credit") to Landlord upon execution of this Amendment. The security deposit for Suite 200A (the "Suite 200A Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200A Letter of Credit shall: (i) be in the amount of $918,766.80; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution reasonably satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200A Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200A Security Deposit (i.e. the Suite 200A Letter of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: (i) be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Suite 200 Letter of Credit, return the Suite 200A Letter of Credit to Tenant. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the Lease. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Additional Security Deposit (i.e. the Third Letter of Credit) as follows: (i) $1,485,236.00 effective as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005.

Additional Security Deposit. A. Landlord and ▇▇▇▇▇▇ acknowledge and agree that, simultaneously with the execution and delivery of this First Amendment, Tenant shall deliver a letter of credit for Suite 200A (the "Suite 200A Letter of Credit") to Landlord upon execution of this Amendment. The an additional security deposit for Suite 200A (the "Suite 200A Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200A Letter of Credit shall: (i) be in the amount of $918,766.80; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution reasonably satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200A Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200A Security Deposit (i.e. the Suite 200A Letter of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: (i) be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Suite 200 Letter of Credit, return the Suite 200A Letter of Credit to Tenant. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the Lease. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit 500,000.00 in the form of a letter of credit through materially consistent with the Third Amendment form of letter of credit attached hereto as Exhibit B and issued by Comerica Bank (the “Additional Security Deposit”). If Tenant fails to pay rent or other charges due, after the expiration of any applicable notice and cure periods, under the Lease or any direct lease between Landlord and Tenant for the sixth (6th) and seventh (7th) floors of the Building (the “Other Lease. Notwithstanding anything herein ”), Landlord may, upon three (3) Business Days’ prior written notice to the contraryTenant, provided Tenant is not in default under this Lease as of the effective date of draw upon, use, apply or retain all or any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount portion of the Additional Security Deposit for the payment of any such overdue rent or other charge or for the payment of any other sum to which Landlord becomes obligated by reason of such default, or to compensate Landlord for any out- of-pocket loss or damage actually incurred by Landlord as a result thereof. If Landlord so uses or applies all or any portion of said Additional Security Deposit, Tenant shall, within ten (i.e. 10) Business Days after written demand therefor, provide to Landlord a replacement letter of credit meeting the Third Letter requirements set forth above or an amendment to the then-existing letter of Creditcredit in an amount sufficient to restore said Additional Security Deposit to the amount above stated. If ▇▇▇▇▇▇ performs all of Tenant’s obligations to Landlord under the Lease and the Other Lease (if any), said letter of credit shall be returned to Tenant within fifteen (15) days following the later to expire or sooner terminate of the Lease or the Other Lease (if any). Notwithstanding the foregoing, in the event Landlord determines, in its commercially reasonable discretion, that the financial condition of the issuer of the letter of credit has so declined as follows: to cause concern that such issuer may not honor a draw on the letter of credit, Tenant shall promptly, and in any event, within sixty (i60) $1,485,236.00 effective days of Landlord’s written demand therefor, provide Landlord with a replacement letter of credit in a form substantially similar to the form of letter of credit attached hereto as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005Exhibit B from another financial institution reasonably acceptable to Landlord.

Additional Security Deposit. A. Tenant No additional security deposit shall deliver a letter of credit for Suite 200A (the "Suite 200A Letter of Credit") to Landlord upon execution of be required in connection with this Amendment. The security deposit for Suite 200A (Effective as of the "Suite 200A Security Deposit") shall be in the form of an irrevocable letter of credit, similar Extension Date and subject to the form attached hereto as Exhibit Cremaining terms of Article VI, which Suite 200A Letter of Credit shalland provided: (i) be in the amount of $918,766.80; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution reasonably satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Notwithstanding anything herein to the contrary, provided Tenant is not in default has timely paid all Rent due under this Lease as of during the 12 month period immediately preceding the effective date of any reduction of the Suite 200A Security Deposit, (ii) Tenant’s financial condition is equal to or greater than its financial condition as of August 3, 2006; (iii) Tenant is not in default under the Lease; and (iv) Tenant is in 100% occupancy of the Premises, Tenant shall have the right to reduce the amount of the Suite 200A Security Deposit (i.e. so that the Suite 200A Letter new Security Deposit amount will be reduced from $31,462.42 to $20,000.00 effective as of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May August 1, 20012007. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: (i) be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that If Tenant is not entitled to reduce the Security Deposit as of the reduction effective date due to Tenant’s failure to satisfy the conditions set forth herein or in default under the Lease, Landlord shall, upon receipt of Tenant shall not have the Suite 200 Letter of Credit, return right to reduce the Suite 200A Letter of Credit to TenantSecurity Deposit. Notwithstanding anything herein to the contrarycontrary contained herein, provided if Tenant is not has been in default Default under this the Lease as of at any time prior to the effective date of any reduction of the Suite 200 Security DepositDeposit and Tenant has failed to cure such default within any applicable cure period, then Tenant shall have the no further right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant as described herein. If Tenant is entitled to Section 4 of the Lease. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be reduction in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have provide Landlord with written notice requesting that the right Security Deposit be reduced as provided above (the “Reduction Notice”). If Tenant provides Landlord with a Reduction Notice, and Tenant is entitled to reduce the amount Security Deposit as provided herein, Landlord shall refund the applicable portion of the Additional Security Deposit to Tenant within 45 days after the later to occur of (i.e. a) Landlord’s receipt of the Third Letter of CreditReduction Notice, or (b) the date upon which Tenant is entitled to a reduction in the Security Deposit as follows: (i) $1,485,236.00 effective as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005provided above.

Additional Security Deposit. A. Tenant shall deliver a letter of credit for Suite 200A Within five (the "Suite 200A Letter of Credit"5) to Landlord upon execution of this Amendment. The security deposit for Suite 200A (the "Suite 200A Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200A Letter of Credit shall: (i) be in the amount of $918,766.80; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution reasonably satisfactory to the Landlord; and (e) expire no later than 60 business days after the Extended Termination Datefull execution and delivery of this Lease, Tenant will pay Landlord by wire transfer pursuant to the instructions set forth in Exhibit D to this Lease an additional security deposit of Six Hundred Thousand Dollars ($600,000) (the “Additional Security Deposit”). The Additional Security Deposit shall be held by Landlord as security for payment by Tenant of Base Monthly Rent to be paid by Tenant under this Lease, and not as prepayment of rent. Notwithstanding anything herein to the contrarycontrary contained in this Section 3.8, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200A Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200A Security Deposit (i.e. the Suite 200A Letter of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: (i) be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided event that Tenant is not in default beyond applicable notice and cure periods of any of its obligations to pay Base Monthly Rent under the this Lease, then within ten (10) business days after Landlord receives confirmation that Tenant has paid each installment of Base Monthly Rent due pursuant to this Lease, Landlord shallwill refund to Tenant an amount equal to Seventy-Five Thousand Dollars ($75,000), upon receipt which amount will be deducted from the then-remaining balance of the Suite 200 Letter of Credit, return Additional Security Deposit. Tenant hereby grants to Landlord a security interest in the Suite 200A Letter of Credit to Tenant. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Additional Security Deposit, Tenant shall have the right including but not limited to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the Lease. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenantreplenishments thereof. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount may apply such portion or portions of the Additional Security Deposit (i.e. as are reasonably necessary only to remedy any default by Tenant in the Third Letter payment of CreditBase Monthly Rent. Subject to the foregoing, Tenant hereby waives any restriction on the uses to which the Additional Security Deposit may be applied as contained in Section 1950.7(c) as follows: (i) $1,485,236.00 effective as of February 1the California Civil Code and/or any successor statute. In the event the Additional Security Deposit or any portion thereof is so used, 2002; (ii) $1,221,604.00 effective June 1Tenant shall pay to Landlord, 2002; $1,185,182.00 effective September 1promptly upon demand, 2002; (iv) $1,165,912.00 effective February 1an amount in cash sufficient to restore the Additional Security Deposit to the full original sum. Landlord shall not be deemed a trustee of the Additional Security Deposit. Landlord may use the Additional Security Deposit in Landlord’s ordinary business and shall not be required to segregate it from Landlord’s general accounts. Tenant shall not be entitled to any interest on the Additional Security Deposit. If Landlord transfers the Building or the Property during the Lease Term, 2003; (v) $902,280.00 effective June 1Landlord may pay the Additional Security Deposit to any subsequent owner in conformity with the provisions of Section 1950.7 of the California Civil Code and/or any successor statute, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005in which event the transferring landlord shall be released from all liability for the return of the Additional Security Deposit.

Additional Security Deposit. A. In consideration of and as a further condition to Landlord's consent to the Sublease, on or before the Commencement Date of the Sublease (as defined in the Sublease), Tenant shall deliver a to Landlord an irrevocable stand-by letter of credit for Suite 200A in the amount of Two Million Five Hundred Seventy Five Thousand and 00/100 Dollars ($2,575,000.00) (the "Suite 200A LETTER OF CREDIT") as credit enhancement for Tenant's continued performance under the Lease and not as a security deposit, as more particularly described in this Section 6. (a) The Letter of Credit") to Landlord upon execution of this Amendment. The security deposit for Suite 200A (the "Suite 200A Security Deposit") Credit shall be in the form of an irrevocable letter of credit, similar and substance and issued by a bank that is reasonably satisfactory to the form attached hereto as Exhibit C, which Suite 200A Landlord. The Letter of Credit shall: (i) be in the amount of $918,766.80name Landlord as beneficiary; (ii) allow Landlord to make partial and multiple draws thereunder up to the face amount only for the purposes permitted under this Section 6, (iii) require the issuing bank to pay to Landlord the amount of a draw upon receipt by such bank of a sight draft signed by Landlord and presented to the issuing bank, accompanied by Landlord's statement that said draw is being made in accordance with the terms of this Section 6; and (iv) provide that Landlord can freely transfer it upon an assignment or other transfer of its interest in the Lease to the assignee or transferee without having to obtain the consent of Tenant or the issuing bank, provided that the assignee or transferee has agreed to be bound by Landlord's obligations under the Lease and this Section 6. Landlord shall be entitled to draw upon the Letter of Credit in form accordance with this Section 6, or at any time within thirty (30) days prior to the expiration date of the Letter of Credit unless Tenant shall have delivered to Landlord a replacement Letter of Credit meeting the requirements of this Section 6 and substance with an expiration date not less than twelve (12) months after the date of delivery. The Letter of Credit (or a replacement thereof satisfactory to Landlord; ) shall remain in effect until the expiration (ci.e., March 31, 2011) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution reasonably satisfactory to or the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as sooner termination of the effective date of any reduction of the Suite 200A Security DepositLease, Tenant howsoever arising. (b) Landlord shall have the right (but shall not be obligated to) draw under the Letter of Credit for the following purposes only: (i) to reduce remedy any monetary Event of Default by Tenant in the performance of its obligations under the Lease; and (ii) to compensate Landlord for any losses, costs, liabilities or damages incurred by Landlord as a result of Tenant's failure to perform its monetary obligations under the Lease (collectively, "Losses"); or (iii) in the event Landlord reasonably determines that there is a material impairment of Tenant's ability to meet its ongoing monetary obligations under the Lease. In the event Landlord draws under the Letter of Credit pursuant to subsections (b)(i) and (ii) above, Landlord shall use or apply the proceeds of such draw solely to, and only in such amount necessary to, remedy the monetary Event of Default by Tenant under the Lease and to compensate Landlord for Losses. In the event Landlord draws under the Letter of Credit pursuant to subsection (b)(iii) above, Landlord shall first apply the proceeds from the Letter of Credit to any rental obligations then due and unpaid under the Lease, and thereafter may apply the proceeds from the Letter of Credit to future, unpaid rental obligations due through the expiration date of the Lease, whether or not the Lease is terminated prior to such date. If, despite the intent of the parties that the Letter of Credit not be considered a security deposit, a court of competent jurisdiction determines that the Letter of Credit is in fact a security deposit, then Tenant hereby waives to the extent inconsistent with the foregoing any restriction on the uses to which the proceeds of a draw under the Letter of Credit may be applied as contained in Section 1950.7(c) of the California Civil Code and/or any successor statute, if applicable. If Landlord so uses or applies the proceeds of a draw under the Letter of Credit pursuant to this Section 6, Tenant shall, within ten (10) business days after demand therefor, deposit cash or other collateral with the issuing bank and as required by the issuing bank in an amount sufficient to restore the Letter of Credit to the amount thereof in effect immediately prior to such draw, and Tenant's failure to do so shall, at Landlord's option, be an Event of Default under the Lease. In the event Landlord has drawn the entire Letter of Credit pursuant to subsection (b)(iii) above, and if Tenant subsequently provides adequate assurance, in Landlord's reasonable judgment, that Tenant will continue to perform its monetary obligations under the Lease, then upon Tenant's delivery of a replacement Letter of Credit for the full amount thereof in effect immediately prior to such draw, Landlord shall refund to Tenant that portion of the Letter of Credit proceeds not already applied to rent that has previously become due. (c) The Letter of Credit, or so much thereof as has not theretofore been applied by Landlord in accordance with this Section 6 or reduced pursuant to the following provisions of this Section 6, shall be returned, without payment of interest or other increment for their use, to Tenant at the expiration (i.e., March 31, 2011) or sooner termination of the Lease. No trust relationship is created herein between Landlord and Tenant with respect to the Letter of Credit. (d) Commencing on the second (2nd) month of the Sublease Term (as defined in the Sublease), the amount of the Suite 200A Security Deposit (i.e. the Suite 200A Letter of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: shall be reduced by Thirty Four Thousand Seven Hundred Ninety Seven and 30/100 Dollars (i$34,797.30) be in per month, such that the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Suite 200 Letter of Credit, return the Suite 200A Letter of Credit shall be reduced to Tenant. Notwithstanding anything herein to a zero balance by the contrary, provided Tenant is not in default under this Lease as expiration of the effective date of any reduction of the Suite 200 Security DepositLease (i.e., Tenant shall have the right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the LeaseMarch 31, 2011). C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Additional Security Deposit (i.e. the Third Letter of Credit) as follows: (i) $1,485,236.00 effective as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005.

Additional Security Deposit. A. (a) In the first sentence of Section 20.22(a) of the Lease, the language “which has a financial strength rating of A or better by A.M. Best” is hereby deleted and replaced with the following: “having a long-term issuer credit rating from Standard & Poor’s Professional Rating Service of A or a comparable rating from ▇▇▇▇▇’▇ Professional Rating Service. If the issuer’s credit rating is reduced below A, then Landlord shall have the right to require that Tenant obtain from a different issuer a Replacement Letter (as hereinafter defined) that complies in all respects with the requirements of this Section within thirty (30) days following Landlord’s written demand. If the issuer of any Letter (as hereinafter defined) held by Landlord is placed into receivership or conservatorship by the Federal Deposit Insurance Corporation or any successor or similar entity then said Letter shall be deemed not to meet the requirements of this Section and, within thirty (30) days following Landlord’s written demand, Tenant shall obtain from a different issuer a Replacement Letter that complies in all respects with the requirements of this Section.” (b) In addition to the Security Deposit required under the Lease, Tenant, or an affiliate or subsidiary of Tenant, shall deliver a letter of credit for Suite 200A to Landlord an additional security deposit (the "Suite 200A Letter “Additional Security Deposit”) in the amount of Credit") to Landlord upon execution of this AmendmentOne Million One Hundred Ninety-One Thousand Eight-One and 00/100 Dollars ($1,191,081.00). The security deposit for Suite 200A (the "Suite 200A Additional Security Deposit") Deposit shall be in the form of a supplemental Letter of Credit, a replacement Letter of Credit, or an irrevocable letter of credit, similar amendment to the form attached hereto as Exhibit C, which Suite 200A existing Letter of Credit shall: which complies with the requirements of Section 20.22(a) of the Lease, as amended hereby. Tenant shall use diligent efforts to deliver such supplemental Letter of Credit, replacement Letter of Credit, or amendment to the existing Letter of Credit to Landlord as soon as possible, but in any event no later than forty-five (i45) days after the 27th Floor Premises Commencement Date, time being of the essence. Tenant’s failure to timely provide such supplement, replacement or amendment shall constitute an Event of Default for which there shall be no notice or cure period. Landlord shall cooperate reasonably with Tenant to effect the delivery of the Additional Security Deposit, including, if required, the contemporaneous exchange of a replacement Letter of Credit for the existing Letter of Credit. Notwithstanding anything to the contrary contained herein, Landlord shall have no obligation to credit the Unused Contribution against Tenant’s rent until Landlord receives the Additional Security Deposit. The Additional Security Deposit shall be held as additional security for Tenant’s obligations under the Lease, as amended by this Second Amendment, subject to and in accordance with Section 20.22(b) of the amount of $918,766.80; (ii) be in form and substance satisfactory to Landlord; Lease. (c) name Landlord as its beneficiary; Section 20.22(c) of the Lease remains in full force and effect and shall continue to govern the reduction the Security Deposit (but not the reduction of the Additional Security Deposit, which shall be governed by Section 16(d) below). (d) be drawn on an FDIC insured financial institution reasonably satisfactory to For purposes hereof, “Reduction Date” shall mean March 1 of calendar years 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 and 2021, and “Reduction Period” shall mean each Reduction Date plus the Landlordthirty (30) day period following such Reduction Date. Provided that: (1) during the applicable Reduction Period, no Event of Default (or any monetary default of which Landlord has given Tenant notice) shall exist; and (e2) expire no later than 60 days after during the Extended Termination Date. Notwithstanding anything herein applicable Reduction Period, Tenant’s chief financial officer shall certify in writing to the contraryLandlord that, provided Tenant is not in default under this Lease as of the effective date applicable Reduction Date, Tenant is managing at least Five Billion and 00/100 Dollars ($5,000,000,000.00) of any reduction of the Suite 200A Security Deposit, investment funds for a market-based fee; then Tenant shall have the right to reduce the amount of the Suite 200A Security Deposit (i.e. the Suite 200A Letter of Credit) pursuant to Section 4 of the Lease. B. Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") to Landlord on or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 Letter of Credit shall: (i) be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Suite 200 Letter of Credit, return the Suite 200A Letter of Credit to Tenant. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the Lease. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right during each Reduction Period to reduce the amount of the Additional Security Deposit (i.e. by delivery of a Replacement Letter or an amendment to the Third Letter of Creditexisting Letter) as follows: (i) $1,485,236.00 effective as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005.:

Additional Security Deposit. A. On or before the date the first installment of the Termination Fee is due and payable pursuant to Section V.F below, Tenant shall deliver a letter pay Landlord the sum of credit for Suite 200A $2,096,666.67 (the "Suite 200A Letter of Credit") to Landlord upon execution of this Amendment. The security deposit for Suite 200A (the "Suite 200A Additional Security Deposit") which is added to and becomes part of the Security Deposit currently held by Landlord as provided under Section 9 of the Lease as security for payment of Rent and the performance of the other terms and conditions of the Lease by Tenant, other than those obligations arising out of the Termination Fee payable by Tenant hereunder, as defined below. Accordingly, the Security Deposit shall be increased from $803,333.33 (which is in the form of (x) an irrevocable Letter of Credit in the amount of $668,333.33, which Letter of Credit shall immediately be extended, by amendment, for no less than 60 days and then substituted or consolidated into a single letter of credit with the Additional Letter of Credit (defined below), and (y) cash in the amount of $135,000.00) to $ 2,900,000.00. The Additional Security Deposit shall be in the form of an irrevocable letter of credit, similar to credit (the form attached hereto as Exhibit C"Additional Letter of Credit"), which Suite 200A Additional Letter of Credit shall: (ia) be in the amount of $918,766.802,096,666.67; (iib) be in issued on substantially the form and substance satisfactory to Landlordattached hereto as EXHIBIT C; (c) name Landlord as its beneficiary; and (d) be drawn on an FDIC insured financial institution reasonably satisfactory to the Landlord; . The Additional Letter of Credit (and (eany renewals or replacements thereof) expire no later shall be for a term of not less than 60 1 year or for a term expiring 45 days after the Extended Early Termination Date, if less than one year remains on the Lease. Notwithstanding anything herein Tenant agrees that it shall from time to time, as necessary, whether as a result of a draw on the Additional Letter of Credit by Landlord pursuant to the contrary, provided Tenant is not in default under this Lease terms hereof or as a result of the effective date of any reduction expiration of the Suite 200A Security DepositAdditional Letter of Credit then in effect, Tenant shall have renew or replace the right to reduce the amount original and any subsequent Additional Letter of the Suite 200A Security Deposit (i.e. the Suite 200A Credit so that an Additional Letter of Credit) pursuant to Section 4 , in the amount required hereunder, is in effect until a date which is at least 45 days after the Early Termination Date of the Lease. B. . If Tenant shall deliver a letter of credit for Suite 200 (the "Suite 200 Letter of Credit") fails to Landlord on furnish such renewal or before May 1, 2001. The security deposit for Suite 200 (the "Suite 200 Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which Suite 200 replacement Additional Letter of Credit shall: at least 45 days prior to the stated expiration date of the Additional Letter of Credit then held by Landlord, Landlord may draw upon such Additional Letter of Credit and hold the proceeds thereof (iand such proceeds need not be segregated) as a Security Deposit pursuant to the terms of Section 9 of the Lease. Any renewal or replacement of the original or any subsequent Additional Letter of Credit shall meet the requirements for the original Additional Letter of Credit as set forth above, except that such replacement or renewal shall be in the amount of $1,318,161.60; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on issued by an FDIC insured financial institution reasonably satisfactory to the Landlord; and (e) expire no later than 60 days after Landlord at the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt time of the Suite 200 Letter of Credit, return the Suite 200A Letter of Credit to Tenant. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Suite 200 Security Deposit (i.e. the Suite 200 Letter of Credit) pursuant to Section 4 of the Leaseissuance thereof. C. Tenant shall deliver a letter of credit for the Premises (the "Third Letter of Credit") to Landlord on or before September 1, 2001. The security deposit for the Premises (the "Additional Security Deposit") shall be in the form of an irrevocable letter of credit, similar to the form attached hereto as Exhibit C, which the Third Letter of Credit shall: (i) be in the amount of $1,504,506.00; (ii) be in form and substance satisfactory to Landlord; (c) name Landlord as its beneficiary; (d) be drawn on an FDIC insured financial institution satisfactory to the Landlord; and (e) expire no later than 60 days after the Extended Termination Date. Provided that Tenant is not in default under the Lease, Landlord shall, upon receipt of the Third Letter of Credit, return the Suite 200 Letter of Credit and the letter of credit in the amount of $278,458.00 (the "Existing L/C") to Tenant. Landlord and Tenant acknowledge and agree that the Existing L/C is the remaining amount of the security deposit in the form of a letter of credit through the Third Amendment of the Lease. Notwithstanding anything herein to the contrary, provided Tenant is not in default under this Lease as of the effective date of any reduction of the Suite 200 Security Deposit, Tenant shall have the right to reduce the amount of the Additional Security Deposit (i.e. the Third Letter of Credit) as follows: (i) $1,485,236.00 effective as of February 1, 2002; (ii) $1,221,604.00 effective June 1, 2002; $1,185,182.00 effective September 1, 2002; (iv) $1,165,912.00 effective February 1, 2003; (v) $902,280.00 effective June 1, 2003; (vi) $865,859.00 effective September 1, 2003; (vii) $846,588.00 effective February 1, 2004; (viii) $582,956.00 effective June 1, 2004; and (ix) $319,324.00 effective June 1, 2005.