1. | Recitations. The above recitations are true and correct and are incorporated herein. | |
2. | Assignment. Assignor hereby assigns, sets over and transfers to Assignee all of Assignors rights, title and interest in and to the sublease in accordance with the assignment document entered between Assignor and Assignee for the period beginning as of the date of the Initial Public Offering, which is expected to occur around February 1, 2007, and ending upon the termination date of the sublease. | |
3. | Acceptance. Assignee hereby accepts this Assignment and agrees to assume and be bound by all of the terms of the sublease (a copy of which Assignee has received and reviewed) for the period beginning as of the date of the Initial Public Offering, which is expected to occur around February 1, 2007, and ending upon the termination date of the sublease. | |
4. | Liability of Assignor. Lessor confirms that this Assignment does not release Assignor from any liability under the Sublease. | |
5. | Landlord and Lessors Consent. Landlord and Lessor consent to the Assignment. However, such consent shall not constitute consent to any future assignments or subletting of the Premises. If Landlord or Lessor executes this document prior to execution by Assignee and Assignor, it is understood that their execution shall not be deemed to be effective until Assignor and Assignee have both executed this document and Landlord and Lessor are provided with a fully executed original. |
By: | /s/ Thomas S. Hill, III
Division Manager and Vice President |
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LESSOR: POYNER & SPRUILL LLP | ||||||
a North Carolina limited liability partnership | ||||||
By: Name: Title: Date: |
/s/ Joseph B. Dempster, Jr.
Managing Partner 1/9/07 |
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ASSIGNOR: TRIANGLE CAPITAL PARTNERS, LLC | ||||||
a limited liability company | ||||||
By: Name: Title: Date: |
/s/ Garland S. Tucker, III
Managing Director 1/17/07 |
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ASSIGNEE: TRIANGLE CAPITAL CORPORATION | ||||||
a Maryland corporation | ||||||
By: Name: Title: Date: |
/s/ Garland S. Tucker, III
CEO 1/17/07 |