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Ddi Capital Corp/Dynamic Details Inc, et al. – ‘10-K’ for 12/31/00 – EX-10.38

On:  Friday, 3/30/01, at 8:58am ET   ·   For:  12/31/00   ·   Accession #:  1017062-1-667   ·   File #s:  0-30241, 333-41187, 333-41211

Previous ‘10-K’:  ‘10-K’ on 3/30/00 for 12/31/99   ·   Next:  ‘10-K’ on 3/28/02 for 12/31/01   ·   Latest:  ‘10-K’ on 3/31/03 for 12/31/02

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

 3/30/01  Ddi Cap Corp/Dynamic Details Inc  10-K       12/31/00   28:1.6M                                   Donnelley R R & S… 11/FA
          Details Inc
          Ddi Corp

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Form 10-K Dated December 31, 2000                     93    538K 
 2: EX-3.1      Certificate of Incorporation                          11     43K 
 3: EX-3.2      Amended and Restated Bylaws                           16     65K 
 4: EX-3.3      Certificate of Merger                                  4     18K 
 5: EX-4.1      Stockholders Agreement                                29     88K 
11: EX-4.13     Second Supplement Indenture Dated 1/31/2001            6     28K 
12: EX-4.14     Third Supplement Indenture Dated 2/23/2001            10     38K 
 6: EX-4.2      Amended Stock Holders Agreement 10/2/2000              5     17K 
 7: EX-4.3      Amended Stockholder Agreement 1/29/2001                4     15K 
 8: EX-4.5      Subordinated Indenture Relating to Debt Securities    85    332K 
 9: EX-4.6      Supplement Indenture Relating to Convertible Notes    39    117K 
10: EX-4.9      First Supplement Indenture Dated 2/10/1998             4     20K 
13: EX-10.1     Employment Agreement Dated 7/23/1998                  27     96K 
15: EX-10.11    First Amendment to the Stock Contribution              3     16K 
16: EX-10.14    Second Amendment to Credit Agreement 3/22/2000        14     46K 
17: EX-10.15    Third Amendment to Credit Agreement 10/10/2000        19     67K 
18: EX-10.16    Fourth Amendment to Credit Agreement 2/13/2001        25     47K 
19: EX-10.18    Termination and Fee Agreement 4/14/2000                5     21K 
20: EX-10.27    Lease Between Miller and Associates and Dynamic       31    150K 
                          Circuits Inc.                                          
21: EX-10.31    Lease Between Trammell Crow and Cuplex, Inc.          19    106K 
22: EX-10.33    Share Purchase Agreement Dated 03/22/2000            116    278K 
23: EX-10.34    Note Purchase Agreement Dated 7/23/1998               55    180K 
24: EX-10.38    Amend #1 to Real Property Master Lease Agreement       2     16K 
14: EX-10.9     Amended & Restated Recapitalization Agreement         53    181K 
25: EX-12.1     Computation of Ratio of Earnings                       2±    15K 
26: EX-21.1     List of Subsidiaries                                   2     14K 
27: EX-23.1     Consent of Pricewaterhousecoopers LLP                  1     10K 
28: EX-24.1     Power of Attorney                                      2     17K 


EX-10.38   —   Amend #1 to Real Property Master Lease Agreement
Exhibit Table of Contents

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EXHIBIT 10.38 AMENDMENT NUMBER ONE TO REAL PROPERTY MASTER LEASE AGREEMENT This Amendment Number One to Real Property Master Lease Agreement is made as of the 1st day of January, 1997, with respect to the Real Property Master Lease Agreement dated January 1, 1996 ("Master Lease") between JAMES I. SWENSON and SUSAN G. SWENSON, AS TRUSTEES OF THE SWENSON FAMILY TRUST ("LESSOR") and DETAILS, INC. ("LESSEE") with respect to the following recitals of fact: R E C I T A L S A. Under the terms of the Master Lease, the parties contemplated that LESSEE would lease the building at 1200 Lance Lane when LESSOR's contemplated acquisition of that property had been consummated. B. LESSEE has now determined that additional square footage is desirable, and that LESSOR's buildings at 1295 Lance Lane containing 6,740 square feet (hereafter "Parcel 7") and 1275 Lance Lane containing 4,512 (hereafter "Parcel 13"), would be preferable to the building at 1200 Lance Lane. C. LESSEE and LESSOR, by this amendment to the Master Lease, desire to delete from the Master Lease the contemplated acquisition of 1200 Lance Lane and to include within the provisions of the Master Lease, Parcels 7 and 13, subject to the terms and conditions hereof. NOW THEREFORE, in consideration of the mutual covenants and conditions hereof, the parties agree to amend the Master Lease in the following respects only: 1. REVISION OF RECITAL B AND DELETION OF PARAGRAPH 2. Recital B of the Master Lease is amended to change Parcel 7 to recite the address as 1295 Lance Lane and the square footage as 6740, and to add Parcel 13 with the address of 1275 Lance Lane, and with square footage of 4,512. References in the Master Lease to Parcel 7 shall be deemed to be references to Parcels 7 and 13 herein. Paragraph 2 of the Master Lease is hereby deleted, and references in the Master Lease to Paragraph 2 shall be deemed to be references to Paragraph 2 below. 2. LEASE OF PAPCELS 7 AND 13. LESSEE hereby leases from LESSOR, and LESSOR hereby leases to LESSEE the Parcels 7 and 13, effective on the date set forth in Paragraph 4 below. Each of the terms and conditions applicable to other Parcels under the Master Lease shall be applicable to Parcels 7 and 13, except only as expressly provided in the following paragraphs. LESSEE has inspected Parcels 7 and 13 and agrees to accept same, upon vacation of the premises by the current tenant, in their respective AS IS conditions, WITH ALL FAULTS. 3. RENT. The initial monthly base rent for Parcel 7 shall be $1.04 per square foot, and shall be subject to adjustments in the manner and on the dates provided in Paragraphs 3 and 4 of the Master Lease, except that the initial Begining Index shall be the Index for August, 1996. The initial monthly base rent for Parcel 13 shall be $.60 per square foot, and shall, be subject to adjustments in the same manner and on the dates provided in Paragraphs 3 and 4 of the Master Lease, except that the initial Begining Index shall be the Index for August, 1996.
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4. EFFECTIVE DATE. The leasing of Parcels 7 and 13 as set forth above shall commence as of January 1, 1997. Commencing on that date, the monthly base rent under the Master Lease will aggregate $74,228.00, subject to subsequent adjustments as provided therein and herein. 5. SOLE AMENDMENT. Except as expressly provided herein, (i) all provisions of the Master Lease shall be applicable to Parcels 7 and 13 leased herein, (ii) all provisions of the Master Lease shall remain in full force and effect, and (iii) terms used herein shall have the meanings ascribed thereto in the Master Lease. IN WITNESS THEREOF, this Amendment Number One to Real Property Master Lease Agreement has been executed as of the day and year first above written. LESSEE: THE SWENSON FAMILY TRUST DETAILS, INC. by /s/ JAMES I. SWENSON, TRUSTEE by /s/ JOSEPH P. GISCH ------------------------------ -------------------------------------- James I. Swenson Trustee Joseph P. Gisch, Vice President Finance and Aministration by /s/ SUSAN G. SWENSON, TRUSTEE ------------------------------ Susan G. Swenson, Trustee

Dates Referenced Herein   and   Documents Incorporated by Reference

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Filed on:3/30/01
For Period End:12/31/004,  5
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Filing Submission 0001017062-01-000667   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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