EXHIBIT 10.5
FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE (this "AMENDMENT") is made as of June 7,
2005 between NEW BOSTON ▇▇▇▇▇▇▇▇▇ LIMITED PARTNERSHIP, with a principal place of
business at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
("LESSOR") and SS&C TECHNOLOGIES, INC. ("LESSEE").
WHEREAS, Lessor is the owner of a building located at ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇
(▇▇▇ "BUILDING") situated on a parcel of land in Windsor, Connecticut
(collectively the "PROPERTY");
WHEREAS, Monarch Life Insurance Company, Lessor's predecessor-in-interest
and Lessee entered into a certain lease for space on the first and second floors
of the Building dated September 23, 1997 (the "ORIGINAL LEASE"), as amended by a
certain First Amendment to Lease dated November 18, 1997, a certain Second
Amendment of Lease dated April, 1999, and as further amended by a certain Third
Amendment to Lease effective as of July 1, 1999 (collectively referred to as the
"LEASE");
WHEREAS, pursuant to the terms of the Lease, Lessee occupies 73,457 square
feet of space (the "PREMISES");
WHEREAS, Lessee desires to expand the Premises by an additional 1,398
square feet of space (the "DATA CENTER SPACE").
NOW, THEREFORE, for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, and for the mutual promises
hereinafter set forth, Lessor and Lessee agree as follows:
1. Section 2(a) of the Lease is hereby amended by inserting the following
after the second sentence of the first paragraph thereof:
"Effective as of the later of July 1, 2005 or the date enherent
Corporation ("ENHERENT") vacates the Data Center Space (as hereinafter
defined) (the "DATA CENTER SPACE COMMENCEMENT DATE"), the Premises shall
include an additional 1,398 square feet of net rentable area on the first
floor of the Building (the "DATA CENTER SPACE"), as more
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particularly set forth on Exhibit A-3 attached hereto and incorporated
hereby. The Premises shall thereafter consist of 74,855 square feet of net
rentable."
2. Section 4(a) of the Lease is hereby amended by inserting the following
after Section 4(a) (iii):
"(iii) In addition to the Minimum Annual Rent set forth in Section
4(a)(i), (ii) and (iii), Lessee shall pay rent with respect to the Data
Center Space only as set forth below:
Period Annual Rent per Square Foot Monthly Rent
---------------- --------------------------- ------------
7/1/05 - 1/14/08 $14.00 $1,631.00
3. Section 5(a) of the Lease is hereby amended by inserting the following
after the third sentence of the first paragraph thereof:
"Effective as of July 1, 2005, "Lessee's Proportionate Share" shall be
47.68%."
4. Section 5(b) of the Lease is hereby amended by inserting the following
after the first sentence thereof:
"With respect to the Data Center Space only, Lessee shall pay the
Impositions, if any, in excess of the twelve (12) month period commencing
January 1, 2005 and ending on December 31, 2005 (the "Data Center Tax Base
Year")."
5. Section 5(c) of the Lease is hereby amended by inserting the following
after the first sentence of the first paragraph thereof:
"With respect to the Data Center Space only, Lessee shall pay the
Operating Expenses, if any, in excess of the twelve (12) month period
commencing January 1, 2005 and ending on December 31, 2005 (the "Data
Center Operating Expense Base Year")."
6. Tenant accepts the Data Center Space in its "As Is" condition. Landlord
shall have no obligation to perform any tenant improvements to the Data Center
Space. As of the Data Center Space Commencement Date, Tenant shall, at its sole
cost and expense, (a) eliminate the rear door currently connecting the Data
Center Space to the premises currently occupied by
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enherent, and (b), if necessary to comply with any applicable laws, rules or
regulations, construct a corridor extension to facilitate a second means of
access to, and egress from, the Data Center Space.
7. Section 31 of the Lease is hereby amended by deleting Lessor's contact
information therein and inserting the following in lieu thereof:
"To Landlord: New Boston ▇▇▇▇▇▇▇▇▇ Limited Partnership
▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
facsimile ▇▇▇-▇▇▇-▇▇▇▇
telephone ▇▇▇-▇▇▇-▇▇▇▇
with a copy to: ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇
▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
facsimile ▇▇▇-▇▇▇-▇▇▇▇
telephone ▇▇▇-▇▇▇-▇▇▇▇
with a copy to: New Boston Management Services, Inc.
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
facsimile ▇▇▇-▇▇▇-▇▇▇▇
telephone ▇▇▇-▇▇▇-▇▇▇▇
8. Lessor and Lessee hereby acknowledge that the Data Center Space is
currently being leased to enherent pursuant to a written lease (the "ENHERENT
LEASE"). It shall be a condition precedent to this Amendment that enherent and
Lessor enter into and execute an agreement whereby enherent vacates the Data
Center Space. In the event that Lessor is not able
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to deliver the Data Center Space to the Lessee on or before September 1, 2005,
this Amendment shall be null and void and of no further force and effect,
provided, however, that the failure by Lessor to deliver the Data Center Space
shall in no way be construed as a default by Lessor under the Lease.
Executed as of the date first above written.
LESSOR:
NEW BOSTON ▇▇▇▇▇▇▇▇▇ LIMITED
PARTNERSHIP
BY: NEW BOSTON FUND IV, INC.
Its General Partner
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇
---------------------------- By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Witness -----------------------------
hereunto duly authorized
LESSEE: Hereunto Duly Authorized
▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
SS&C TECHNOLOGIES, INC.
/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------- By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Witness ---------------------------
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Its CFO
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EXHIBIT A-3
Data Center Space
[GRAPHIC]
Exhibit A-3