HomeMy WebLinkAbout2000 S Purchasing - Builders FirstSource lease assignment LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Lease
Assignment Agreement" ) is made as of 11 : 59 p .m. on December 31 , 2000 , by and between
BUILDERS FIRSTSOURCE - ATLANTIC GROUP , INC . , a Delaware corporation
("Assignor") , and BUILDERS FIRSTSOURCE OF RALEIGH, INC . , a North Carolina
corporation ("Assignee" ) .
Recitals of Fact
A . Assignor is the present tenant under that certain Lease Agreement (the "Lease")
dated June 3 , 1997 by and between Builders ' Supply & Lumber Company, Inc . , a Michigan
corporation ("Old BSL") , (the assets and obligations relating to Old BSL' s Hillsborough , North
Carolina operations were purchased and assumed, as applicable, by Assignor pursuant to the
Asset Purchase Agreement dated as of February 6 , 1998 and the Lease Assignment and
Assumption Agreement dated as of March 20 , 1998 , both among Assignor, Old BSL and Pulte
Home Corporation, a Michigan corporation) relating to the premises (the "Premises" ) described
in the Lease , namely, certain premises located at 401 Valley Forge Road, Hillsborough , North
Carolina. The Lease is incorporated herein by this reference as though fully set forth herein .
B . Assignor desires to assign to Assignee and Assignee desires to accept an
assignment from Assignor of the leasehold interest and other rights created under the Leases ,
effective as of the date of this Lease Assignment Agreement .
Agreement
IN CONSIDERATION of the sum of Ten Dollars ($ 10) and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows : - - -------- -- -- ------------ .
1 . Assignment. Effective as of the date hereof, Assignor hereby assigns , transfers ,
sets over and conveys to Assignee , its successors and assigns , all of Assignor ' s right, title and
interest in and to (a) the Lease ; (b) the Premises ; and (c) all incidental and appurtenant rights
which Assignor may have or possess in connection with the Lease and the Premises .
2 . Assumption . Effective as of the date hereof, Assignee hereby fully and
completely assumes each and every obligation of Assignor which is to be performed as of or
after the date hereof, as (a) tenant under the Lease and (b) the holder of any of the rights and
interests transferred in Section 1 above . Assignee agrees that Assignee shall fully pay, perform,
and observe all of such obligations on and after the date hereof.
3 . Governing Law . This Lease Assignment Agreement shall be governed by the
laws of the State of North Carolina, other than the conflicts of law provisions- thereof.
4 . Amendments . This Lease Assignment Agreement may not be amended except by
a document signed by all parties hereto .
5 . Counterparts . This Lease Assignment Agreement may be executed in any number
of counterparts , each of which when so executed and delivered shall be deemed an original and
all of which when taken together shall constitute but one and the same instrument .
6 . Interpretation . The section headings contained in this Lease Assignment
Agreement are solely for the purpose of reference , are not part of the agreement of the parties
and shall not in any way affect the meaning or interpretation of this Lease Assignment
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written .
ASSIGNOR :
BUILDERS FIRSTSOURCE - ATLANTIC GROuP , INc . ,
a Delaware corporation
By :
onald F. McAleenan ,
Senior Vice President
ASSIGNEE :
BUILDERS FIRSTSOURCE OF RALEIGH, INC . ,
a North Carolina corporation
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By . r, bi )
Donald F . McAleenan,
Senior Vice President
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