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Cinemark Holdings, Inc. – ‘10-Q’ for 6/30/22 – ‘EX-10.1’

On:  Friday, 8/5/22, at 6:46am ET   ·   For:  6/30/22   ·   Accession #:  950170-22-14938   ·   File #:  1-33401

Previous ‘10-Q’:  ‘10-Q’ on 5/6/22 for 3/31/22   ·   Next:  ‘10-Q’ on 11/4/22 for 9/30/22   ·   Latest:  ‘10-Q’ on 11/3/23 for 9/30/23   ·   1 Reference:  By:  Cinemark USA Inc./TX – ‘10-Q’ on 8/5/22 for 6/30/22

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

 8/05/22  Cinemark Holdings, Inc.           10-Q        6/30/22  109:17M                                    Donnelley … Solutions/FA

Quarterly Report   —   Form 10-Q

Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-Q        Quarterly Report                                    HTML   4.55M 
 2: EX-10.1     Material Contract                                   HTML     40K 
 3: EX-10.2     Material Contract                                   HTML     36K 
 4: EX-31.1     Certification -- §302 - SOA'02                      HTML     36K 
 5: EX-31.2     Certification -- §302 - SOA'02                      HTML     36K 
 6: EX-32.1     Certification -- §906 - SOA'02                      HTML     33K 
 7: EX-32.2     Certification -- §906 - SOA'02                      HTML     33K 
13: R1          Document and Entity Information                     HTML     82K 
14: R2          Condensed Consolidated Balance Sheets               HTML    177K 
15: R3          Condensed Consolidated Balance Sheets               HTML     43K 
                (Parenthetical)                                                  
16: R4          Condensed Consolidated Statements of Loss           HTML    153K 
17: R5          Condensed Consolidated Statements of Comprehensive  HTML     67K 
                Loss                                                             
18: R6          Condensed Consolidated Statements of Equity         HTML     91K 
19: R7          Condensed Consolidated Statements of Cash Flows     HTML    126K 
20: R8          The Company and Basis of Presentation               HTML     39K 
21: R9          Impact of COVID-19 Pandemic                         HTML     37K 
22: R10         New Accounting Pronouncements                       HTML     46K 
23: R11         Lease Accounting                                    HTML    147K 
24: R12         Revenue Recognition                                 HTML    352K 
25: R13         Earnings Per Share                                  HTML    153K 
26: R14         Long Term Debt                                      HTML    143K 
27: R15         Investment in National CineMedia LLC                HTML    223K 
28: R16         Other Investments                                   HTML    175K 
29: R17         Treasury Stock and Share Based Awards               HTML    151K 
30: R18         Goodwill and Other Intangible Assets                HTML    136K 
31: R19         Impairment of Long-Lived Assets                     HTML     70K 
32: R20         Fair Value Measurements                             HTML     72K 
33: R21         Foreign Currency Translation                        HTML     86K 
34: R22         Supplemental Cash Flow Information                  HTML     72K 
35: R23         Segments                                            HTML    335K 
36: R24         Related Party Transactions                          HTML     45K 
37: R25         Commitments and Contingencies                       HTML     37K 
38: R26         Lease Accounting (Tables)                           HTML    145K 
39: R27         Revenue Recognition (Tables)                        HTML    345K 
40: R28         Earnings Per Share (Tables)                         HTML    141K 
41: R29         Long Term Debt (Tables)                             HTML    131K 
42: R30         Investment in National CineMedia LLC (Tables)       HTML    230K 
43: R31         Other Investments (Tables)                          HTML    232K 
44: R32         Treasury Stock and Share Based Awards (Tables)      HTML    138K 
45: R33         Goodwill and Other Intangible Assets (Tables)       HTML    142K 
46: R34         Impairment of Long-Lived Assets (Tables)            HTML     63K 
47: R35         Fair Value Measurements (Tables)                    HTML     66K 
48: R36         Foreign Currency Translation (Tables)               HTML     79K 
49: R37         Supplemental Cash Flow Information (Tables)         HTML     71K 
50: R38         Segments (Tables)                                   HTML    334K 
51: R39         The Company and Basis of Presentation - Additional  HTML     37K 
                Information (Detail)                                             
52: R40         Impact of COVID-19 Pandemic - Additional            HTML     38K 
                Information (Detail)                                             
53: R41         Impact of COVID-19 Pandemic - Schedule of           HTML     31K 
                Restructuring Plan (Detail)                                      
54: R42         Lease Accounting - Additional Information (Detail)  HTML     34K 
55: R43         Schedule of Aggregate Lease Costs by Lease          HTML     62K 
                Classification (Detail)                                          
56: R44         Schedule of Aggregate Lease Costs by Lease          HTML     43K 
                Classification (Parenthetical) (Detail)                          
57: R45         Schedule of Minimum Cash Lease Payments (Detail)    HTML     41K 
58: R46         Revenue Recognition - Additional Information        HTML     34K 
                (Detail)                                                         
59: R47         Revenue Recognition - Summary of Revenues           HTML     63K 
                Disaggregated Based on Major Type of Good or                     
                Service and by Reportable Operating Segment                      
                (Detail)                                                         
60: R48         Revenue Recognition - Summary of Revenues           HTML     53K 
                Disaggregated Based on Timing of Revenue                         
                Recognition (Detail)                                             
61: R49         Revenue Recognition - Changes in Advances and       HTML     57K 
                Deferred Revenues (Detail)                                       
62: R50         Revenue Recognition - Aggregate Amount of           HTML     45K 
                Transaction Price Allocated To Performance                       
                Obligation That Are Unsatisfied And Expected To Be               
                Recognized (Detail)                                              
63: R51         Computations of Basic and Diluted Loss Per Share    HTML     77K 
                (Detail)                                                         
64: R52         Computations of Basic and Diluted Loss Per Share    HTML     38K 
                (Parenthetical) (Detail)                                         
65: R53         Earnings Per Share - Additional Information         HTML     61K 
                (Detail)                                                         
66: R54         Long Term Debt - Additional Information (Detail)    HTML     87K 
67: R55         Long Term Debt - Components of Long-Term Debt       HTML     55K 
                (Details)                                                        
68: R56         Long Term Debt - Summary of Borrowings of           HTML     32K 
                International Subsidiaries (Details)                             
69: R57         Long Term Debt - Summary of Company's Interest      HTML     55K 
                Rate Swap Agreements Designated as Cash Flow                     
                Hedges (Detail)                                                  
70: R58         Long Term Debt - Summary of Company's Interest      HTML     35K 
                Rate Swap Agreements Designated as Cash Flow                     
                Hedges (Parenthetical) (Detail)                                  
71: R59         Long Term Debt - Schedule of carrying values and    HTML     37K 
                fair values of debt instruments (Details)                        
72: R60         Long Term Debt - Schedule of carrying values and    HTML     39K 
                fair values of debt instruments (Parenthical)                    
                (Details)                                                        
73: R61         Summary of Activity with NCM Included in Company's  HTML     76K 
                Consolidated Financial Statements (Detail)                       
74: R62         Summary of Activity with NCM Included in Company's  HTML     33K 
                Consolidated Financial Statements (Parenthetical)                
                (Detail)                                                         
75: R63         Investment in National CineMedia LLC - Additional   HTML     59K 
                Information (Detail)                                             
76: R64         Summary of Recognition of Revenue Related To        HTML     54K 
                Deferred Revenue (Detail)                                        
77: R65         Summary of Recognition of Revenue Related To        HTML     35K 
                Deferred Revenue (Detail 1)                                      
78: R66         Summary Financial Information for National          HTML     84K 
                CineMedia (Detail)                                               
79: R67         Other Investments - Additional Information          HTML     44K 
                (Detail)                                                         
80: R68         Other Investments- Summary Financial Information    HTML     93K 
                for DCIP (Detail)                                                
81: R69         Other Investments- Summary of Activity for Each of  HTML     61K 
                Company's Other Investments (Detail)                             
82: R70         Other Investments- Summary of Transactions with     HTML     52K 
                Each of the Company's Other Investees (Detail)                   
83: R71         Other Investments- Summary of Transactions with     HTML     33K 
                Each of the Company's Other Investees (Detail)                   
                (Parenthetical)                                                  
84: R72         Summary of Treasury Stock Activity (Detail)         HTML     46K 
85: R73         Summary of Treasury Stock Activity (Parenthetical)  HTML     34K 
                (Detail)                                                         
86: R74         Treasury Stock and Share Based Awards - Additional  HTML     67K 
                Information (Detail)                                             
87: R75         Summary of Restricted Stock Activity (Detail)       HTML     59K 
88: R76         Summary of Restricted Stock and Restricted Stock    HTML     46K 
                Unit Award Activity (Detail)                                     
89: R77         Goodwill and Other Intangible Assets - Net Summary  HTML     43K 
                of Goodwill (Detail)                                             
90: R78         Goodwill and Other Intangible Assets - Net Summary  HTML     36K 
                of Goodwill (Parenthetical) (Detail)                             
91: R79         Goodwill and Other Intangible Assets - Net          HTML     63K 
                Intangible Assets (Detail)                                       
92: R80         Goodwill and Other Intangible Assets - Net          HTML     45K 
                Estimated Aggregate Future Amortization Expense                  
                for Intangible Assets (Detail)                                   
93: R81         Summary of Impairment Charges (Detail)              HTML     50K 
94: R82         Summary of Assets and Liabilities Measured at Fair  HTML     38K 
                Value on a Recurring Basis (Detail)                              
95: R83         Fair Value Measurements - Additional Information    HTML     37K 
                (Detail)                                                         
96: R84         Foreign Currency Translation - Additional           HTML     42K 
                Information (Detail)                                             
97: R85         Summary of Impact of Translating Financial          HTML     47K 
                Statements of Company's International Subsidiaries               
                (Detail)                                                         
98: R86         Summary of Impact of Translating Financial          HTML     35K 
                Statements of Company's International Subsidiaries               
                (Parenthetical) (Detail)                                         
99: R87         Supplemental Information to Condensed Consolidated  HTML     52K 
                Statements of Cash Flows (Detail)                                
100: R88         Supplemental Information to Condensed Consolidated  HTML     32K  
                Statements of Cash Flows (Parenthetical) (Detail)                
101: R89         Selected Financial Information by Reportable        HTML     56K  
                Operating Segment (Detail)                                       
102: R90         Reconciliation of Net Income (Loss) to Adjusted     HTML     85K  
                EBITDA (Detail)                                                  
103: R91         Selected Financial Information by Geographic Area   HTML     53K  
                (Detail)                                                         
104: R92         Related Party Transactions - Additional             HTML     61K  
                Information (Detail)                                             
107: XML         IDEA XML File -- Filing Summary                      XML    203K  
105: XML         XBRL Instance -- cnk-20220630_htm                    XML   4.96M  
106: EXCEL       IDEA Workbook of Financial Reports                  XLSX    188K  
12: EX-101.CAL  XBRL Calculations -- cnk-20220630_cal                XML    186K 
 9: EX-101.DEF  XBRL Definitions -- cnk-20220630_def                 XML   1.14M 
11: EX-101.LAB  XBRL Labels -- cnk-20220630_lab                      XML   1.78M 
 8: EX-101.PRE  XBRL Presentations -- cnk-20220630_pre               XML   1.46M 
10: EX-101.SCH  XBRL Schema -- cnk-20220630                          XSD    310K 
108: JSON        XBRL Instance as JSON Data -- MetaLinks              517±   828K  
109: ZIP         XBRL Zipped Folder -- 0000950170-22-014938-xbrl      Zip    488K  


‘EX-10.1’   —   Material Contract


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



  EX-10.1  

 

Exhibit 10.1

first AMENDMENT TO LEASE

(SACRAMENTO-ARDEN)

 

 

THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made and entered into as of the 9th day of July 2021, by and between Sy Arden Way LLC, a California limited liability company (“Landlord”) and Century Theatres, Inc., a California corporation (“Tenant”). Capitalized terms used in this Amendment without definition shall have the meanings ascribed to such terms in the Lease (as hereinafter defined).

 

RECITALS

 

A.
Landlord and Tenant entered into that certain Lease Agreement, dated May 26, 2015 (as hereby amended, the “Lease”), pursuant to which Landlord leased to Tenant and Tenant leased from Landlord, certain Premises located at 1590 Ethan Way, Sacramento, CA 95825, which Premises are more particularly described in the Lease.

 

B. Landlord and Tenant desire to amend the Lease upon the terms and conditions contained herein.

 

AGREEMENTS

 

NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements herein contained, Landlord and Tenant hereby agree that the Lease shall be and is hereby amended as follows:

 

1. Recitals Incorporation. All of the provisions of the Recitals set forth above are incorporated into this Agreements section of this Amendment.

 

2. Definitions. Subsection (ii) of the definition of “Co-Tenancy Condition” in Section 1.2 of the Lease is hereby deleted and is replaced with the following:

 

“(ii) at least two (2) sit-down restaurants of at least 2,500 square feet each (which may be utilized to achieve the fifty percent (50%) requirement in clause (i) above) are open and operating and”

 

3. Lease in Full Force and Effect. Effective as of the date of this Amendment, the provisions of this Amendment are expressly incorporated into the provisions of the Lease, and the provisions of this Amendment shall become effective on the date of this Amendment, unless a different date for the effectiveness of a provision of this Amendment is specifically indicated herein. Except as specifically amended by this Amendment, the Lease shall continue in full force and effect for the balance of the Lease Term. In the event of any conflict between the provisions of the Lease and the provisions of this Amendment, the provisions of this Amendment shall supersede and prevail.

 

4. Authority. Tenant represents and warrants to Landlord that Tenant is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Tenant’s execution of this Amendment have been obtained. Landlord represents and warrants to Tenant that Landlord is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Landlord’s execution of this Amendment have been obtained.

 

5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but any number of which, taken together, shall constitute one and the same instrument. This Amendment shall not become effective as an amendment or modification to the Lease unless and until it has been executed and delivered by Landlord and Tenant.

 

1

 


 

6. Successors and Assigns. This Amendment shall bind, and inure to the benefit of, the parties hereto and their respective successors and assigns.

 

7. Further Instruments. The parties hereto covenant and agree that they shall execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the objectives of this Amendment.

 

8. No Oral Agreements. This Amendment contains the entire agreement between Landlord and Tenant with respect to the subject matter hereof. It is understood that there are no oral agreements between Landlord and Tenant affecting the Lease as hereby amended, and this Amendment supersedes and cancels any and all previous negotiations, representations, agreements, and understandings, if any, between Landlord and Tenant and their respective agents and employees with respect to the subject matter hereof, and none shall be used to interpret or construe the Lease as hereby amended. Except as herein otherwise provided, no alteration, amendment, change, or addition to the Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant.

 

IN WITNESS WHEREOF, Landlord and Tenant have entered into this Amendment as of the date first written above.

 

 

Signatures on following page.

 

2

 


 

 

LANDLORD:

 

SY arden way llc,
a California limited liability company

By: SyWest Holdings LLC,

a California limited liability company

Its: Member/Manager

 

By: Syufy Enterprises,

a California limited partnership

Its: Member/Manager

 

By: Syufy Properties, Inc.

a California corporation

Its: General Partner

 

By: /s/ William Vierra
Name: William Vierra
Its: Senior Vice President

 

 

TENANT:

 

CENTURY THEATRES, INC.,

a California corporation

 

 

By: /s/ Jay Jostrand

Name: Jay Jostrand

Its: Executive Vice President-Real Estate

 

 

3

 



Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-Q’ Filing    Date    Other Filings
Filed on:8/5/228-K
For Period end:6/30/22
5/26/15
 List all Filings 


1 Subsequent Filing that References this Filing

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

 8/05/22  Cinemark USA Inc./TX              10-Q        6/30/22   99:16M                                    Donnelley … Solutions/FA
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Filing Submission 0000950170-22-014938   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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