Common use of Existing Lease Clause in Contracts

Existing Lease. Lessee is currently the tenant and Lessor is currently the landlord under that certain Lease, dated as of February 11, 1986, as the same has been amended by that certain First Amendment to Lease, dated as of June 1, 1988 and that certain Second Amendment to Lease, dated as of September 14, 1992 (collectively, the "Existing Lease"), pursuant to which Lessee currently leases space on the 26th and 35th floors of the Building (the "Existing Space"). Lessor and Lessee hereby agree that the Existing Lease is modified as follows: (a) From and after the Effective Date until the termination date of the Existing Lease (as the same may be extended in accordance with subsection (b) hereinbelow), Lessee shall pay to Lessor as the annual Base Rent under the Existing Lease an amount equal to $16.75 per rentable square foot contained in the Existing Space. Such Base Rent shall continue to be paid in accordance with the terms of the Existing Lease. (b) The Existing Lease shall terminate as of March 31, 1996 as though such date were the termination date set forth in the Lease; provided, however, such termination date shall be extended for each day that the Commencement Date is delayed as a result of Lessor's Delay; provided, however, that the termination date of the Existing Lease shall not be extended to the extent that any Lessor's Delay results from Lessee Delay. Notwithstanding any provision in the Existing Lease to the contrary, Lessee shall not be required to pay any termination fee in connection with such termination of the Existing Lease. Notwithstanding any provision in this Section 32 or any other provision in this Lease to the contrary, Lessee shall not be excused from paying Base Rent, Additional Rent and any other sums due and owing or performing any of its other obligations under the Existing Lease accruing through March 31, 1996.

Existing Lease. Lessee is Tenant acknowledges and agrees that Tenant currently occupies the tenant entire Premises pursuant to that Office Lease between ECT ▇▇▇▇▇▇▇▇▇ LLC (Landlord’s predecessor-in-interest) and Lessor is currently Tenant dated February 23, 2005 (the landlord under that certain “Original Lease”), dated as of February 11, 1986, as the same has been which was amended by that certain First Amendment to LeaseLease dated March 9, dated as of June 12006, 1988 and by that certain Second Amendment to Lease dated December 19,2006, by that Third Amendment to Lease dated May 15,2007, by that Forth Amendment to Lease dated December 12, 2007, by that Fifth Amendment to Lease dated March 11,2011, by that Sixth Amendment to Lease dated June 10,2011, by that Seventh Amendment to Lease dated October 3, 2011, and by that Eighth Amendment To Lease dated January 18,2012. The Original Lease, dated as of September 14so amended, 1992 (collectively, is hereinafter referred to as the "“Existing Lease"), pursuant to which Lessee currently leases space on the 26th .” Landlord and 35th floors of the Building (the "Existing Space"). Lessor and Lessee hereby Tenant agree that the Existing Lease is modified as follows: (a) From in full force and effect and shall expire at 11:59 p.m. Pacific Time on July 31, 2015. On and after the Effective Date until the termination date of the Existing Lease Date, Tenant shall not have any right to exercise any options to renew, extend or expand (as the same may be extended in accordance with subsection (b) hereinbelowif any), Lessee shall pay to Lessor as the annual Base Rent or rights of first offer or first refusal (if any), or other similar rights (if any) that may exist under the Existing Lease an amount equal to $16.75 per rentable square foot contained in the Existing SpaceLease. Such Base Rent shall continue to be paid in accordance with the terms of the Existing Lease. (b) The Existing Lease shall terminate as of March 31, 1996 as though such date were the termination date set forth in the Lease; provided, however, such termination date shall be extended for each day that the Commencement Date is delayed as a result of Lessor's Delay; provided, however, that the termination date of the Existing Lease shall not be extended Except to the extent that any Lessor's Delay results from Lessee Delay. Notwithstanding any provision in certain provisions of this Lease are stated to apply to Tenant, the Premises and Tenant’s Work pursuant to Exhibit B prior to the Commencement Date of this Lease, Tenant shall continue to lease the Premises pursuant to the Existing Lease prior to the contrary, Lessee shall not be required to pay any termination fee in connection with such termination Commencement Date of the Existing this Lease. Notwithstanding any provision in this Section 32 or any other provision in this Lease to the contrary, Lessee shall not be excused from paying Base Rent, Additional Rent and any other sums due and owing or performing any of its other obligations under the Existing Lease accruing through March 31, 1996.

Existing Lease. Lessee is The parties acknowledge that Landlord currently leases to Tenant and Tenant currently leases from Landlord Suite 1200 and Suite 2700 in the tenant Tower (the “Existing Premises”) and Lessor is currently Suite 2510 in the landlord under Tower (the “25th Floor Space”) pursuant to that certain LeaseOffice Lease Agreement dated May 30, 2006, as amended by First Amendment to Lease dated January 15, 2007, by Second Amendment to Lease dated February 27, 2007, by Third Amendment to Lease dated as of February 11May 5, 1986, as the same has been amended 2008 and by that certain First Fourth Amendment to Lease dated August 7, 2009 (as so amended, the “Existing Lease”). Effective as of the date which is sixty (60) days after the Commencement Date under this Lease, dated as of June 1, 1988 and that certain Second Amendment to Lease, dated as of September 14, 1992 (collectively, the "Existing Lease"), pursuant to which Lessee currently leases space on the 26th and 35th floors Tenant’s lease of the Building (the "Existing Space"). Lessor and Lessee hereby agree that Premises under the Existing Lease is modified as follows: shall terminate and shall be of no further force or effect (a) From and after the Effective Date until the termination date except for those provisions of the Existing Lease which, by their terms, expressly survive the expiration or earlier termination of the Existing Lease). The period from the Commencement Date under this Lease through the date which is sixty (60) days thereafter may be referred to herein as the same may be extended in accordance with subsection (b) hereinbelow)“Moving Period”. However, Lessee shall pay notwithstanding anything to Lessor as the annual Base Rent under the Existing Lease an amount equal to $16.75 per rentable square foot contrary contained in the Existing SpaceLease, Tenant shall have no obligation to pay Base Rent, Expenses or Taxes (as those terms are defined in the Existing Lease) for the Existing Premises pursuant to the Existing -41- Lease attributable to such sixty (60) day Moving Period. Such Base Rent shall continue Should Tenant fail to be paid in accordance with vacate the terms Existing Premises and surrender the Existing Premises to Landlord on or before the expiration of the Moving Period, the holdover provisions of the Existing Lease. (b) The Existing Lease shall terminate as of March 31, 1996 as though such date were apply. Notwithstanding anything to the termination date set forth contrary contained in the Existing Lease; provided, however, such termination date shall be extended for each day that Tenant need not restore the Commencement Date is delayed as a result of Lessor's DelayExisting Premises to its original condition or remove any improvements from the Existing Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the termination date Existing Premises and to remove cabling from the Existing Premises so designated for removal (to the applicable telephone closet(s)) by Landlord and shall return such space to Landlord in broom-clean condition. The parties acknowledge that Tenant’s lease of the 25th Floor Space pursuant to the Existing Lease shall not be extended to terminated under this Section 35(a) and Tenant’s lease of the extent that any Lessor's Delay results from Lessee Delay. Notwithstanding any provision 25th Floor Space shall continue as provided in the Existing Fourth Amendment to Lease to the contrarydated August 7, Lessee shall not be required to pay any termination fee in connection with such termination of the Existing Lease. Notwithstanding any provision in this Section 32 or any other provision in this Lease to the contrary, Lessee shall not be excused from paying Base Rent, Additional Rent and any other sums due and owing or performing any of its other obligations under the Existing Lease accruing through March 31, 19962009.

Existing Lease. Lessee is The parties acknowledge that Landlord currently leases to Tenant and Tenant currently leases from Landlord Suite 1200 and Suite 2700 in the tenant Tower (the “Existing Premises”) and Lessor is currently Suite 2510 in the landlord under Tower (the “25th Floor Space”) pursuant to that certain LeaseOffice Lease Agreement dated May 30, 2006, as amended by First Amendment to Lease dated January 15, 2007, by Second Amendment to Lease dated February 27, 2007, by Third Amendment to Lease dated as of February 11May 5, 1986, as the same has been amended 2008 and by that certain First Fourth Amendment to Lease dated August 7, 2009 (as so amended, the “Existing Lease”). Effective as of the date which is sixty (60) days after the Commencement Date under this Lease, dated as of June 1, 1988 and that certain Second Amendment to Lease, dated as of September 14, 1992 (collectively, the "Existing Lease"), pursuant to which Lessee currently leases space on the 26th and 35th floors Tenant’s lease of the Building (the "Existing Space"). Lessor and Lessee hereby agree that Premises under the Existing Lease is modified as follows: shall terminate and shall be of no further force or effect (a) From and after the Effective Date until the termination date except for those provisions of the Existing Lease which, by their terms, expressly survive the expiration or earlier termination of the Existing Lease). The period from the Commencement Date under this Lease through the date which is sixty (60) days thereafter may be referred to herein as the same may be extended in accordance with subsection (b) hereinbelow)“Moving Period”. However, Lessee shall pay notwithstanding anything to Lessor as the annual Base Rent under the Existing Lease an amount equal to $16.75 per rentable square foot contrary contained in the Existing SpaceLease, Tenant shall have no obligation to pay Base Rent, Expenses or Taxes (as those terms are defined in the Existing Lease) for the Existing Premises pursuant to the Existing Lease attributable to such sixty (60) day Moving Period. Such Base Rent shall continue Should Tenant fail to be paid in accordance with vacate the terms Existing Premises and surrender the Existing Premises to Landlord on or before the expiration of the Moving Period, the holdover provisions of the Existing Lease. (b) The Existing Lease shall terminate as of March 31, 1996 as though such date were apply. Notwithstanding anything to the termination date set forth contrary contained in the Existing Lease; provided, however, such termination date shall be extended for each day that Tenant need not restore the Commencement Date is delayed as a result of Lessor's DelayExisting Premises to its original condition or remove any improvements from the Existing Premises; provided, however, that Tenant shall be required to remove all furniture, equipment and personal property from the termination date Existing Premises and to remove cabling from the Existing Premises so designated for removal (to the applicable telephone closet(s)) by Landlord and shall return such space to Landlord in broom-clean condition. The parties acknowledge that Tenant’s lease of the 25th Floor Space pursuant to the Existing Lease shall not be extended to terminated under this Section 35(a) and Tenant’s lease of the extent that any Lessor's Delay results from Lessee Delay. Notwithstanding any provision 25th Floor Space shall continue as provided in the Existing Fourth Amendment to Lease to the contrarydated August 7, Lessee shall not be required to pay any termination fee in connection with such termination of the Existing Lease. Notwithstanding any provision in this Section 32 or any other provision in this Lease to the contrary, Lessee shall not be excused from paying Base Rent, Additional Rent and any other sums due and owing or performing any of its other obligations under the Existing Lease accruing through March 31, 19962009.

Existing Lease. Lessee (A) Landlord and Tenant hereby acknowledge that American Capital Access Service Corporation, Tenant’s subsidiary, is currently presently in possession of the tenant entire 47th floor of the Building and Lessor is currently a portion of the landlord under that certain Lease, dated as 48th floor of February 11, 1986, as the same has been amended by that certain First Amendment to Lease, dated as of June 1, 1988 and that certain Second Amendment to Lease, dated as of September 14, 1992 Building (collectively, the "“Existing Premises”) as more particularly shown in Exhibit A-1 annexed hereto pursuant to the terms of (i) that certain Lease dated August 7, 1998 (the “1998 Lease”) by and between MSDW ▇▇▇ ▇▇▇▇▇▇▇▇ Property, L.L.C., as predecessor-in-interest to Landlord, as landlord, and American Capital Access Service Corporation, as predecessor-in-interest to Tenant, as tenant, together with and as modified by (i) First Amendment of Lease dated May 21, 1999 (the “First Amendment”; the 1998 Lease and the First Amendment are, collectively, the “Existing Lease"”). The Existing Lease shall expire by its terms on August 31, pursuant 2009. Landlord agrees to which Lessee currently leases space on credit the 26th security deposit held under the Existing Lease towards the Security Deposit due under this Lease. Prior to the Existing Premises Commencement Date, the terms and 35th floors conditions of the Existing Lease shall govern the occupancy of the Existing Premises; provided, however that (i) the provisions of Article Seventh and Article Eighth of the Existing Lease (Refusal Space and Option Space) are hereby deleted and of no further force or effect and (ii) Tenant may elect to perform Tenant’s Initial Alteration prior to Commencement Date, subject to the provisions of Article 2 hereof. (B) Effective as of the Additional Premises Commencement Date, the Premises shall be deemed to consist of (i) the Existing Premises and (ii) an additional portion of the 48th floor of the Building (the "“Additional Premises”) as more particularly shown on Exhibit A-2 annexed hereto, and the term “Premises” shall mean the Existing Space"Premises and the Additional Premises. Tenant acknowledges the Additional Premises are occupied by Platinum Technology International, Inc. (“Platinum”), another tenant of the Building under the terms of a lease which shall expire as of October 31, 2009 (the “Platinum Lease”). Lessor Landlord acknowledges that Platinum, as sublandlord and Lessee Tenant, as subtenant, have entered into a sublease dated October 19, 2006 (the “ACA Sublease”). The parties hereby agree acknowledge that the premises demised under the ACA Sublease (the “Sublease Premises”) are the same space as the Additional Premises demised under this Lease. (C) Landlord and Tenant hereby acknowledge that any default by Tenant under the Existing Lease is modified as follows: beyond the expiration of applicable notice and cure periods (aor under the sublease affecting the Additional Premises) From and after shall, at Landlord’s option, be deemed a default under the Effective Date until terms of this Lease. Notwithstanding anything to the termination date of contrary, in the event the Existing Lease (as and/or the same may be extended in accordance with subsection (bsublease affecting the Additional Premises) hereinbelow)is terminated or expires pursuant to its terms prior to the Commencement Date of this Lease, Lessee shall pay or Landlord or Tenant exercise a right of termination pursuant to Lessor as the annual Base Rent under the Existing Lease an amount equal to $16.75 per rentable square foot contained in the Existing Space. Such Base Rent shall continue to be paid in accordance with the terms of the Existing Lease. (b) The Existing , this Lease shall terminate as of March 31, 1996 as though such date were the termination date set forth in the Lease; provided, however, be deemed void ab initio. Upon such termination date Landlord shall be extended for each day that have the Commencement Date is delayed as right to retain a result of Lessor's Delay; provided, however, that the termination date portion of the Existing Lease shall not be extended to the extent that any Lessor's Delay results from Lessee DelaySecurity Deposit as provided in Section 8.01 (D) hereof. Notwithstanding any provision in the Existing Lease to the contrary, Lessee shall not be required to pay any termination fee in connection with such termination of the Existing Lease. Notwithstanding any provision in this Section 32 or any other provision in this Lease to the contrary, Lessee shall not be excused from paying Base Rent, Additional Rent and any other sums due and owing or performing any of its other obligations Any security deposit held under the Existing Lease accruing through March 31, 1996.may be applied towards payment of Tenant’s obligations under this Lease