EX-10.17E 51 d54629_ex10-17e.txt FOURTH AMENDMENT TO LEASE Exhibit 10.17(e) FOURTH AMENDMENT TO LEASE This FOURTH AMENDMENT TO LEASE ("Fourth Amendment") is made and entered into as of the 2nd day of December, 2002, by and between KINGSTON ANDRITA LLC, a Delaware limited liability company ("Landlord"), and PLAYBOY ENTERTAINMENT GROUP, INC., a Delaware corporation ("Tenant"). Recitals A. Tenant and Landlord are parties to that certain Lease, dated September 20, 2001, as amended by that certain First Amendment to Lease (the "First Amendment"), dated May 15, 2002, as further amended by that certain Second Amendment to Lease (the "Second Amendment"), dated July 23, 2002, and as further amended by that certain Third Amendment to Lease (the "Third Amendment"), dated October 31, 2002 (as amended, the "Lease"), pursuant to which Landlord leased to Tenant certain premises located at 3030 Andrita Street, Los Angeles, California as more particularly described in the Lease (the "Premises"). B. Certain disputes have arisen between Landlord and Tenant regarding the responsibility for the prosecution of and payment for construction of certain improvements at the Premises and Landlord and Tenant intend and desire to extend the time available to Landlord and Tenant to resolve such disputes. C. Landlord and Tenant desire to amend the Lease upon the terms and conditions set forth below. D. All capitalized terms used herein but not specifically defined in this Fourth Amendment shall have the meanings ascribed to such terms in the Lease. NOW, THEREFORE, in consideration of the mutual promises set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Delay Offset Amount. Section 1 of the Third Amendment is hereby deleted in its entirety. Section 10(d) of the Second Amendment is hereby amended by deleting the words "November 1, 2002" and substituting therefore the words "January 1, 2003." 2. Postponement of Abatement Period. Section 2 of the Third Amendment is hereby amended by substituting the words " January 1, 2003" for the words "December 1, 2002" in such Section 2. 3. Lease in Full Force. Except for the amendment to the Lease provided for in this Fourth Amendment, all other terms, covenants and conditions of the Lease shall remain in full force and effect. 4. Successors and Assigns. This Fourth Amendment shall be binding upon and shall inure to the benefit of Landlord and Tenant and their respective successors and assigns. 5. Guarantor Consent. Guarantor, by executing the consent to this Fourth Amendment set forth below, hereby agrees that the guaranteed obligations covered by the Guaranty include all of the additional payment and other obligations of Tenant set forth in this Fourth Amendment. 6. Counterparts. This Fourth Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. {Signatures appear on next page} IN WITNESS WHEREOF, this Fourth Amendment is executed on and as of the date first written above. KINGSTON ANDRITA LLC By: /s/ E. Peter Krulewitch ------------------------------------ Name: E. Peter Krulewitch ---------------------------------- Title: Managing Member -------------------------------- PLAYBOY ENTERTAINMENT GROUP, INC. By: /s/ Jeffrey M. Jenest ------------------------------------ Name: Jeffrey M. Jenest ---------------------------------- Title: Exec. VP -------------------------------- THIS FOURTH AMENDMENT IS CONSENTED TO: PLAYBOY ENTERPRISES, INC., Guarantor By: /s/ Howard Shapiro ------------------------------------ Name: Howard Shapiro ---------------------------------- Title: Executive Vice President -------------------------------- CAPITALSOURCE FINANCE LLC By:__________________________________ Name: _______________________________ Title: ________________________________