SEC Info  
    Home      Search      My Interests      Help      Sign In      Please Sign In

Rubicon Technology, Inc. – IPO: ‘S-1’ on 9/5/07 – EX-10.12(A)

On:  Wednesday, 9/5/07, at 11:14am ET   ·   Accession #:  1193125-7-195384   ·   File #:  333-145880

Previous ‘S-1’:  None   ·   Next:  ‘S-1/A’ on 10/11/07   ·   Latest:  ‘S-1/A’ on 5/6/08

Find Words in Filings emoji
 
  in    Show  and   Hints

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 9/05/07  Rubicon Technology, Inc.          S-1                   43:4.8M                                   RR Donnelley/FA

Initial Public Offering (IPO):  Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Registration Statement (General Form)               HTML   1.58M 
10: EX-4.10     Warrant to Purchase Shares of Series B Preferred    HTML     63K 
                          Stock                                                  
11: EX-4.11     Warrant to Purchase Shares of Series B Preferred    HTML     72K 
                          Stock                                                  
12: EX-4.12     Warrant to Purchase Shares of Series B Preferred    HTML     72K 
                          Stock                                                  
13: EX-4.13     Warrant to Purchase Shares of Series C Preferred    HTML     73K 
                          Stock                                                  
14: EX-4.14     Form of Investor Warrant to Purchase Shares of      HTML     68K 
                          Series E Preferred Stock                               
15: EX-4.15     Warrant to Purchase Shares of Series E Preferred    HTML     73K 
                          Stock                                                  
16: EX-4.16     Warrant to Purchase Shares of Series E Preferred    HTML     73K 
                          Stock                                                  
17: EX-4.17     Warrant to Purchase Shares of Series E Preferred    HTML     99K 
                          Stock                                                  
 2: EX-4.2      Fourth Amended and Restated Registration Rights     HTML    119K 
                          Agreement                                              
 3: EX-4.3      Third Amended and Restated Stockholders Agreement   HTML    138K 
 4: EX-4.4      Series E Stockholders Agreement                     HTML     58K 
 5: EX-4.5      Form of Warrant to Purchase Shares of Series A      HTML     54K 
                          Preferred Stock                                        
 6: EX-4.6      Form of Investor Warrant to Purchase Shares of      HTML     67K 
                          Series B Preferred Stock                               
 7: EX-4.7      Warrant to Purchase Shares of Series B Preferred    HTML     84K 
                          Stock                                                  
 8: EX-4.8      Warrant to Purchase Shares of Series B Preferred    HTML     83K 
                          Stock                                                  
 9: EX-4.9      Warrant to Purchase Shares of Series B Preferred    HTML     83K 
                          Stock                                                  
18: EX-10.1     Rubicon Technology, Inc 2001 Equity Plan            HTML     75K 
19: EX-10.1(A)  Amendment No. 1 to the Rubicon Technology, Inc.     HTML     17K 
                          2001 Equity Plan                                       
20: EX-10.1(B)  Amendment No. 2 to the Rubicon Technology, Inc.     HTML     17K 
                          2001 Equity Plan                                       
21: EX-10.1(C)  Amendment No. 3 to the Rubicon Technology, Inc.     HTML     18K 
                          2001 Equity Plan                                       
22: EX-10.1(D)  Amendment No. 4 to the Rubicon Technology, Inc.     HTML     23K 
                          2001 Equity Plan                                       
23: EX-10.1(E)  Amendment No. 5 to the Rubicon Technology, Inc.     HTML     17K 
                          2001 Equity Plan                                       
24: EX-10.1(F)  Amendment No. 6 to the Rubicon Technology, Inc.     HTML     19K 
                          2001 Equity Plan                                       
25: EX-10.1(G)  Amendment No. 7 to the Rubicon Technology, Inc.     HTML     18K 
                          2001 Equity Plan                                       
26: EX-10.1(H)  Form of Option Grant Agreement Under the 2001       HTML     70K 
                          Equity Plan                                            
37: EX-10.10    Form of Post-Ipo Change of Control Severance        HTML     24K 
                          Agreement                                              
38: EX-10.11    Form of Indemnification Agreement                   HTML     67K 
39: EX-10.12    Commercial Lease, Dated as of December 23, 2004     HTML     89K 
40: EX-10.12(A)  Amendment to Commercial Lease Dated as of May 6,   HTML     25K 
                          2005                                                   
41: EX-10.13    Lease, Dated as of July 29, 2005                    HTML     66K 
42: EX-10.14    Industrial Building Lease, Dated as of July 18,     HTML    122K 
                          2007                                                   
27: EX-10.2     Rubicon Technology, Inc. 2007 Stock Incentive Plan  HTML    220K 
28: EX-10.3     Rubicon Technology, Inc. 2006 Incentive Bonus Plan  HTML     17K 
29: EX-10.4     Rubicon Technology, Inc. Management Incentive       HTML     35K 
                          Bonus Plan                                             
30: EX-10.4(A)  Amendment No. 1 to Management Incentive Bonus Plan  HTML     19K 
31: EX-10.5     Executive Employment Agreement, Dated as of         HTML     94K 
                          November 17, 2005                                      
32: EX-10.5(A)  Amendment to the Employment Agreement Dated July    HTML     24K 
                          25, 2007                                               
33: EX-10.6     Employment Agreement, Dated as of March 29, 2004    HTML     38K 
34: EX-10.7     Severance Agreement, Dated as of September 8, 2005  HTML     39K 
35: EX-10.8     Executive Employment Agreement, Dated as of July    HTML     84K 
                          30, 2007                                               
36: EX-10.9     Loan and Security Agreement, Dated as of April 9,   HTML    151K 
                          2007                                                   
43: EX-23.1     Consent of Grant Thornton LLP                       HTML     15K 


EX-10.12(A)   —   Amendment to Commercial Lease Dated as of May 6, 2005


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Amendment to Commercial Lease dated as of May 6, 2005  

Exhibit 10.12(a)

AMENDMENT TO COMMERCIAL LEASE

This AMENDMENT TO COMMERCIAL LEASE (the “Amendment”) is effective as of the 6th day of May, 2005 by and between BARTMANNS, PERALES & DOLTER, LLC (“Lessor” or “BP&D”) and RUBICON TECHNOLOGY, INC. (“Lessee” or “Rubicon”).

PRELIMINARY STATEMENTS

1. Rubicon is the lessee of certain premises described as 9901-9923 Franklin Avenue, Franklin Park, Illinois (the “Premises”) pursuant to a certain Commercial Lease dated December 23, 2004 (the “Lease”) for a term of ten years commencing with the Commencement Date (as defined in the Lease).

2. Rubicon desires to extend the Commencement Date of the Term, and Rubicon has agreed to make certain monetary payments to BP&D and to perform certain repairs, at Rubicon’s expense, required by the Village of Franklin Park as consideration for BP&D’s extending of the Commencement Date.

3. BP&D and Rubicon desire to amend the Lease as set forth herein.

NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual obligations and benefits to be derived by the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

1. Preliminary Statements. The Preliminary Statements set forth above are hereby incorporated by reference as a material part of this Amendment and shall not be deemed mere recitals.

2. Term. BP&D and Rubicon hereby amend the Lease by deleting Paragraph 1 of the Lease in its entirety and inserting in its place as a new Paragraph 1 the following:

“1. The term of this Lease shall commence on the Commencement Date (as defined below) and end on the date immediately preceding the tenth (10th) anniversary of the Commencement Date. As used in this Lease, “Commencement Date” shall mean August 1, 2005. Prior to the Commencement Date, the following shall have occurred: (i) Lessor obtaining record title to the Premises, (ii) Lessee receiving a copy of the existing Phase I Environmental Report on the Property prepared by Noble & Associates, Inc., dated January 22, 2002, and the No Further Remediation Letter issued by the Illinois Environmental Protection Agency dated March 28, 2003, (iii) Lessee obtaining a temporary certificate of occupancy for that portion of the Premises known as 9901 Franklin Avenue from appropriate governmental


authorities, and (iv) Masterform Tools, Inc. vacating that portion of the Premises known as 9901 Franklin Avenue and the same are put in a “broom clean” condition ready for occupancy. In the event that the foregoing conditions (i) through (iv) is not satisfied by July 31, 2005, Lessor agrees to refund to Lessee the Security Deposit.”

3. Security Deposit. BP&D and Rubicon hereby amend Paragraph 5 of the Lease by deleting the second sentence thereof and replacing it with the following as a new second sentence of Paragraph 5:

“Lessee shall deposit the Security Deposit in the amount of $23,500 with Lessor on May 6, 2005.”

4. Repairs Required by the Village of Franklin Park. BP&D and Rubicon hereby amend the Lease by inserting as a new Paragraph 44 to the Lease the following:

“44.

a. Lessor and Lessee acknowledge that the Village of Franklin Park has required certain repairs to the Premises pursuant to its pre-sale inspection as set forth on Exhibit “A” attached hereto. In addition to Lessee’s other repair and maintenance obligations set forth elsewhere in this Lease, Lessee hereby agrees, at Lessee’s sole expense, to promptly perform those repairs set forth on Exhibit “B” attached hereto after the Commencement Date of this Lease to the satisfaction of the Village of Franklin Park (as determined by an inspection of the Premises by the Village of Franklin Park after completion of such repairs). The repairs set forth on Exhibit “B” are a portion of the repairs set forth on Exhibit “A”.

b. Lessor agrees, at Lessor’s expense, to perform those repairs to the Premises set forth on Exhibit “A” which are not set forth on Exhibit “B” by July 31, 2005.”

5. Condition Precedent. A condition precedent to the effectiveness of this Amendment is Rubicon’s payment to “BP&D” on or before May 6, 2005 the sum set forth in Paragraphs 3 of this Amendment in the amount of $23,500.

6. Remainder of Lease; Binding Effect. Except as specifically modified by this Amendment, the provisions of the Lease shall remain in full force and effect, unchanged or modified by this Amendment. This Amendment shall be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns.

 

2


7. Counterparts. This Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original document, but all of which counterparts shall together constitute one and the same instrument. This Amendment shall not be effective unless and until executed by all parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year first written above, the corporate party or parties by its or their proper officers thereto duly authorized.

 

“BP&D”

Bartmanns, Perales & Dolter, LLC.

    an Oklahoma limited liability company

By:  

/s/ Bob Bartmann

  Bob Bartmann, Manager
“RUBICON”
Rubicon Technology, Inc.
    a(n) Delaware corporation
By:  

/s/ Hap Hewes

Name:   Hap Hewes
Title:   Senior Vice-President - Operations

 

3


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘S-1’ Filing    Date    Other Filings
Filed on:9/5/07None on these Dates
8/1/05
7/31/05
5/6/05
12/23/04
3/28/03
1/22/02
 List all Filings 
Top
Filing Submission 0001193125-07-195384   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

Copyright © 2024 Fran Finnegan & Company LLC – All Rights Reserved.
AboutPrivacyRedactionsHelp — Tue., Apr. 23, 8:03:29.1pm ET