Friday, December 14, 2018 11:14:02 AM
While it is true that Lighthouse Botanicals signed the lease with BMG notice this section of the lease:
24. Lease Entity and Authorizations. Landlord represents and warrants it currently is a California non-profit mutual benefit company properly formed under the laws of the State of California and authorized to do business therein and is in full compliance with all necessary state taxes, insurance and business licenses. However, Tenant agrees to allow Landlord to fully, and without reservation, transfer any and all rights enjoyed by Landlord under this Agreement, to the for-profit entity currently tentatively anticipated to be Lighthouse Botanicals Holding, LLC or Incorporated, and allow the for-profit entity to continue to enjoy any and all rights and obligations currently enjoyed by Landlord under this Agreement, as if the for-profit entity were the same as the non-profit entity, in which case the new Landlord will be the for-profit entity. As it currently stands, Tenant anticipates forming a for-profit entity within sixty (60) days of execution of this Agreement (i.e., April/May 2017 ), and Tenant Agrees that the for-profit entity formed and selected by Landlord shall be the assignee of this Agreement, and the Parties agree that they shall modify the preamble, signature blocks, Notice Provisions (e.g. Section 25.13), and any other applicable section of this Agreement to reflect that the new Landlord is a for-profit entity. In such a case, both Parties shall sign this Agreement once again, with a new date of execution, but applicable/retroactive to the original execution date of this Agreement, with all terms and conditions of this Agreement remaining in full effect, and no change to any aspect of this Agreement except the preamble, signature block, Notice Provisions (e.g. Section 25.13), and any other applicable section of this Agreement, the substance of this Agreement remaining unmodified.
* my edit in bold
I understand the bold section to mean that Lighthouse Botanicals might not be the Landlord in fact, since at the time the lease was signed their status as stated above was: currently tentatively anticipated to be Lighthouse Botanicals Holding.
Is that how you understand the paragraph above?
Also it should be noted that all the permits on the Monterey County website for 20420 Spence Road are in the names of ONITSUKA RYOJI & AKIKO.
Damn this is confusing to me! -lol
24. Lease Entity and Authorizations. Landlord represents and warrants it currently is a California non-profit mutual benefit company properly formed under the laws of the State of California and authorized to do business therein and is in full compliance with all necessary state taxes, insurance and business licenses. However, Tenant agrees to allow Landlord to fully, and without reservation, transfer any and all rights enjoyed by Landlord under this Agreement, to the for-profit entity currently tentatively anticipated to be Lighthouse Botanicals Holding, LLC or Incorporated, and allow the for-profit entity to continue to enjoy any and all rights and obligations currently enjoyed by Landlord under this Agreement, as if the for-profit entity were the same as the non-profit entity, in which case the new Landlord will be the for-profit entity. As it currently stands, Tenant anticipates forming a for-profit entity within sixty (60) days of execution of this Agreement (i.e., April/May 2017 ), and Tenant Agrees that the for-profit entity formed and selected by Landlord shall be the assignee of this Agreement, and the Parties agree that they shall modify the preamble, signature blocks, Notice Provisions (e.g. Section 25.13), and any other applicable section of this Agreement to reflect that the new Landlord is a for-profit entity. In such a case, both Parties shall sign this Agreement once again, with a new date of execution, but applicable/retroactive to the original execution date of this Agreement, with all terms and conditions of this Agreement remaining in full effect, and no change to any aspect of this Agreement except the preamble, signature block, Notice Provisions (e.g. Section 25.13), and any other applicable section of this Agreement, the substance of this Agreement remaining unmodified.
* my edit in bold
I understand the bold section to mean that Lighthouse Botanicals might not be the Landlord in fact, since at the time the lease was signed their status as stated above was: currently tentatively anticipated to be Lighthouse Botanicals Holding.
Is that how you understand the paragraph above?
Also it should be noted that all the permits on the Monterey County website for 20420 Spence Road are in the names of ONITSUKA RYOJI & AKIKO.
Damn this is confusing to me! -lol
