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¶ – Release Delayed ·As Of Filer Filing For·On·As Docs:Size Issuer Agent 9/09/16 Everspin Technologies Inc S-1¶ 34:11M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size 1: S-1 Registration Statement (General Form) HTML 1.33M 34: CORRESP ¶ Comment-Response or Other Letter to the SEC HTML 16K 2: EX-1.1 Underwriting Agreement HTML 160K 3: EX-3.1 Articles of Incorporation/Organization or By-Laws HTML 97K 4: EX-3.2 Articles of Incorporation/Organization or By-Laws HTML 14K 5: EX-3.3 Articles of Incorporation/Organization or By-Laws HTML 14K 6: EX-3.4 Articles of Incorporation/Organization or By-Laws HTML 30K 7: EX-3.5 Articles of Incorporation/Organization or By-Laws HTML 146K 8: EX-3.6 Articles of Incorporation/Organization or By-Laws HTML 120K 9: EX-4.1 Instrument Defining the Rights of Security Holders HTML 30K 10: EX-4.2 Instrument Defining the Rights of Security Holders HTML 173K 11: EX-10.1 Material Contract HTML 89K 20: EX-10.10 Material Contract HTML 167K 21: EX-10.11 Material Contract HTML 18K 22: EX-10.12 Material Contract HTML 18K 23: EX-10.13 Material Contract HTML 43K 24: EX-10.14 Material Contract HTML 43K 25: EX-10.15 Material Contract HTML 43K 26: EX-10.16 Material Contract HTML 112K 27: EX-10.17 Material Contract HTML 256K 28: EX-10.18 Material Contract HTML 194K 29: EX-10.19 Material Contract HTML 25K 12: EX-10.2 Material Contract HTML 162K 30: EX-10.20 Material Contract HTML 85K 31: EX-10.21 Material Contract HTML 65K 32: EX-10.22 Material Contract HTML 101K 13: EX-10.3 Material Contract HTML 174K 14: EX-10.4 Material Contract HTML 62K 15: EX-10.5 Material Contract HTML 1.19M 16: EX-10.6 Material Contract HTML 24K 17: EX-10.7 Material Contract HTML 51K 18: EX-10.8 Material Contract HTML 138K 19: EX-10.9 Material Contract HTML 35K 33: EX-23.1 Consent of Experts or Counsel HTML 10K
| EX-10.6 |
Exhibit 10.6
AMENDMENT NO. 1 TO LEASE
This AMENDMENT NO. 1 TO LEASE (“Amendment”), dated , 2008 (“Execution Date”) for reference purposes only, is entered into by and between FREESCALE SEMICONDUCTOR, INC., a Delaware corporation (“Landlord”), and EVERSPIN TECHNOLOGIES, INC., a Delaware corporation (“Tenant”), with reference to the following facts:
A. Landlord and Tenant are parties to that certain Lease dated as of June 4, 2008 (“Lease”), pursuant to which Landlord leases to Tenant certain space (“Premises”) located at 1300 North Alma School Road, Chandler, Arizona.
B. The parties desire to amend the Lease to correct certain inaccurate provisions and exhibits in the Lease and have such corrections in this Amendment be deemed to take place as of the Effective Date of the Lease, which is June 4, 2008, all on the following terms and conditions.
NOW, THEREFORE, in consideration of the above recitals which are hereby incorporated herein, the mutual covenants and conditions contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree to amend the Lease, effective as of the Effective Date of the Lease, as follows:
1. Premises. Section 1.A. of the Lease is hereby replaced with the following:
A. For and in consideration of the covenants and agreements on the part of Tenant contained herein, and under and subject to the terms and conditions hereof, Landlord hereby leases and demises unto Tenant those certain premises in portions of the buildings known as A Building, B Building, M Building and N Building (individually, a “Building” and collectively with all other buildings located in the Project, the “Buildings”) which are part of that certain project owned by Landlord known as “Chandler” (herein the “Project”) located at 1300 North Alma School Road, Chandler, Arizona 85224 as illustrated on Exhibit A attached hereto and hereby made a part hereof, containing 6,816 square feet of office space in M Building (of which 486 square feet consists of a conference room) (said 6,816 square feet of space is herein referred to as the “Office Space”), 9,259 square feet of fabrication space in M Building (herein the “Fab Space”), and 5,625 square feet of lab space in A Building (herein the “Lab Space”) totaling 21,700 square feet of floor area (hereinafter called the “Premises”) as illustrated on the floor plans contained in Exhibit C-1 attached hereto and made a part hereof, together with the right to use certain facilities that are located on the real property legally described in Exhibit D attached hereto and made a part hereof (herein the “Property”) that are provided by Landlord in common to Tenant,
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Landlord’s employees and other third parties such as vendors and suppliers designated by Landlord and are defined below as Common Areas. In addition to the Premises, Landlord hereby grants to Tenant, during the Term of this Lease, at no additional charge, the non-exclusive right to use the space (the “TSO Space”) designated on Exhibit C-1 as the TSO Lab, subject to procedures adopted by Landlord governing such access by Tenant. Tenant may locate certain of Tenant’s Property (as herein defined) in the TSO Space as previously approved by Landlord.”
2. Floor Plan of Premises. Exhibit C is hereby replaced with the Floor Plan attached hereto as Exhibit C-1.
3. Initial Term Fixed Rent. Exhibit E is hereby replaced with the Initial Term Fixed Rent schedule attached hereto as Exhibit E-1.
4. Renewal Term Fixed Rent. Exhibit F is hereby replaced the Renewal Term Fixed Rent schedule attached hereto as Exhibit F-1.
5. Brokers. Tenant hereby represents to Landlord that Tenant has dealt with no broker in connection with this Amendment. Tenant agrees to indemnify and hold Landlord harmless from all claims of any brokers claiming to have represented Tenant in connection with this Amendment. Landlord hereby represents to Tenant that Landlord has dealt with no broker in connection with this Amendment. Landlord agrees to indemnify and hold Tenant harmless from all claims of any broker claiming to have represented Landlord in connection with this Amendment.
6. Miscellaneous. This Amendment sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged and in full force and effect. In the case of any inconsistency between the provisions of the Lease and this Amendment, the provisions of this Amendment shall govern and control. Each signatory of this Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. This Amendment may be executed in multiple counterparts each of which is deemed an original but together constitute one and the same instrument. This Amendment may be executed in so-called “PDF” format, and each party has the right to rely upon a PDF counterpart of this Amendment signed by the other party to the same extent as if such party had received an original counterpart.
[SIGNATURES ARE ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
| LANDLORD:
FREESCALE SEMICONDUCTOR, INC., a Delaware corporation
|
TENANT:
EVERSPIN TECHNOLOGIES, INC., a Delaware corporation
| |||||||
| By: | /s/ Lisa Su |
By: | /s/ Saied Tehrani | |||||
| Print Name: Lisa Su |
Print Name: Saied Tehrani | |||||||
| Its: SR VP & GM of NMG & CTO |
Its: COO | |||||||
| Date: 01/15/09 |
Date: 2/2/09 | |||||||
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EXHIBIT C-1
Floor Plan
(attach copy)
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EXHIBIT E-1
Initial Term Fixed Rent Chart
| Premises |
Rentable Square Feet |
Annual Fixed Rent |
Monthly Fixed Rent | |||
| Office Space (M Building) |
6,816 | $120,760/year | $10,063.33/month | |||
| Fab Space (M Building) |
9,259 | $606,050/year | $50,504.17/month | |||
| Lab Space (A Building) |
5,625 | $114,240/year | $9,520.00/month | |||
| Total |
21,700 | $841,050/year | $70,087.50/month | |||
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| This ‘S-1’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 9/9/16 | DRS, DRS/A | ||
| 6/4/08 | ||||
| List all Filings | ||||