Registration of Securities (General Form) — Form 10 — Sect. 12(b) – SEA’34 Filing Table of Contents
Document/ExhibitDescriptionPagesSize
1: 10-12B Registration Statement HTML 863K
2: EX-3.3 Certificate of Amendment to the Articles of HTML 20K
Incorporation
3: EX-3.4 Certificate of Designation of Rights HTML 22K
4: EX-4.5 Secured Promissory Note HTML 71K
5: EX-10.12 Credit Card Program Agreement HTML 169K
6: EX-10.14 Second Amendment to Lease HTML 25K
7: EX-10.21 Waiver HTML 35K
8: EX-10.22 Addendum HTML 41K
9: EX-10.23 Asset Purchase Agreement HTML 275K
10: EX-10.24 Letter of Agreement HTML 49K
29: R1 Document and Entity Information HTML 34K
22: R2 Balance Sheets (Unaudited) HTML 124K
27: R3 Balance Sheets (Parenthetical) HTML 39K
31: R4 Statements of Operations (Unaudited) HTML 79K
42: R5 Shareholders Equity (Unaudited) HTML 37K
23: R6 Statements of Cash Flows (Unaudited) HTML 118K
26: R7 Statements of Cash Flows (Parenthetical) HTML 18K
21: R8 The Company and Nature of Operations HTML 21K
19: R9 Acquisition of Certain Assets, Goodwill, HTML 29K
Identifiable
43: R10 Basis of Presentation HTML 19K
33: R11 Summary of Significant Accounting Policies HTML 69K
32: R12 Recently Adopted and Newly Issued Accounting HTML 23K
Pronouncements
37: R13 Fair Value Measurements HTML 73K
38: R14 Plan of Restructuring HTML 25K
36: R15 Inventories HTML 20K
39: R16 Prepaid Expenses and Other Assets, Net HTML 18K
28: R17 Property and Equipment, net HTML 22K
30: R18 Accrued Expenses HTML 22K
35: R19 Loss Per Common Share HTML 33K
45: R20 Income Taxes HTML 31K
40: R21 Stock Option Plans HTML 35K
24: R22 Pension Plan HTML 24K
34: R23 Commitments and Contingencies HTML 29K
25: R24 Convertible Debt, Derivative Liability and Long HTML 56K
Term Debt
18: R25 Common Stock HTML 27K
41: R26 Subsequent Events HTML 25K
44: XML IDEA XML File -- Filing Summary XML 53K
20: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 301K
11: EX-101.INS XBRL Instance -- dwis-20110925 XML 464K
13: EX-101.CAL XBRL Calculations -- dwis-20110925_cal XML 95K
14: EX-101.DEF XBRL Definitions -- dwis-20110925_def XML 49K
15: EX-101.LAB XBRL Labels -- dwis-20110925_lab XML 240K
16: EX-101.PRE XBRL Presentations -- dwis-20110925_pre XML 186K
12: EX-101.SCH XBRL Schema -- dwis-20110925 XSD 50K
17: ZIP XBRL Zipped Folder -- 0001354488-11-005044-xbrl Zip 54K
THIS AGREEMENT (this “Agreement”), made the 14th of April, 2011 by and between 500 BI-COUNTY CW NF LLC and 500 BI-COUNTY J.E.S. NF LLC, Delaware limited liability companies, both with offices at 500 Bi-County Blvd., Farmingdale, New York11735, successor-in-interest to 500 Bi-County Associates, L.P. (hereinafter referred to as "Landlord") and COLORADO PRIME CORPORATION, (“Colorado”), a Delaware corporation, and DINEWISE, a Nevada Corporation (“Dine”), with
offices at 500 Bi-County Boulevard, Farmingdale, New York11735 (hereinafter collectively referred to as "Tenant").
WITNESSETH:
WHEREAS, Landlord’s predecessor and Colorado entered into an agreement of lease dated as of September 18, 1997, which lease was amended by Lease Modification Agreement dated November 26, 1997, a Second Lease Modification Agreement dated February 11, 1998, Third Lease Modification Agreement dated March 11, 2004 and Fourth Lease Modification Agreement dated February 11, 2010 (collectively, the "Lease") for certain premises consisting of approximately 5,330 rentable square feet of space, in the building (“Building”) located at 500 Bi-County Boulevard, Farmingdale, New York (the “Demised Premises”); and
WHEREAS, the term of the Lease (the “Term”) is scheduled to expire on January 31, 2014; and
WHEREAS, Landlord and Tenant desire to amend the Lease to, inter alia, extend the Term and revise the rent.
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NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00) each in hand paid to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the agreements contained herein, it is agreed as follows:
1. Term: The Term shall be extended for an additional period of three (3) years to and including January 31, 2017, unless the Term shall be sooner terminated as provided pursuant to the terms of the Lease (the “Expiration Date”).
2. Rent: Effective as of February 1, 2011 and continuing through and including January 31, 2012, Paragraph 2.1.3(viii) of the Third Lease Modification Agreement shall be deemed amended by deleting same and replacing same with “for the thirteenth year of the Term of the Lease, the Rent shall be $75,949.25 per annum, payable in equal monthly installments of $6,329.10.
Additional Tenant: Dine shall be deemed a co-Tenant of the Premises.
3. All defined terms contained in the Lease shall have the same meaning as set forth herein.
4. Except as modified herein, all of the terms, conditions and obligations set forth in the Lease shall remain in full force and effect.
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IN WITNESS WHEREOF the parties have caused this document to be executed the day and year first above written.
