-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BOTDX1iTYfXkxYimxVMaXzHTZBqA1Dz4D5lnU1YUeIc6ib4sOYDBFl/PtN9OOY0b iiYcycwmCMX9IdkotpI/cA== 0001104659-07-005466.txt : 20070129 0001104659-07-005466.hdr.sgml : 20070129 20070129172037 ACCESSION NUMBER: 0001104659-07-005466 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070123 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070129 DATE AS OF CHANGE: 20070129 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TESSCO TECHNOLOGIES INC CENTRAL INDEX KEY: 0000927355 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-ELECTRONIC PARTS & EQUIPMENT, NEC [5065] IRS NUMBER: 520729657 STATE OF INCORPORATION: DE FISCAL YEAR END: 0329 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-24746 FILM NUMBER: 07561968 BUSINESS ADDRESS: STREET 1: 11126 MCCORMICK ROAD CITY: HUNT VALLEY STATE: MD ZIP: 21031 BUSINESS PHONE: 4102291000 MAIL ADDRESS: STREET 1: 11126 MCCORMICK ROAD CITY: HUNT VALLEY STATE: MD ZIP: 2121031 8-K 1 a07-2916_18k.htm 8-K

 

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549


FORM 8-K

CURRENT REPORT


 

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 23, 2007

TESSCO Technologies Incorporated

(Exact name of registrant as specified in its charter)

 

Delaware

 

0-24746

 

52-0729657

(State or other jurisdiction of incorporation)

 

(Commission File Number)

 

(IRS Employer Identification Number)

 

11126 McCormick Road, Hunt Valley, Maryland 21031

(Address of principal executive offices) (Zip Code)

(410) 229-1000

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o            Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o            Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o            Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o            Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 




 

ITEM 1.01.  ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT.

TESSCO Technologies Incorporated (the “Company”) has entered into a First Amendment to Agreement of Lease, dated January 23, 2007, which among other things, provides for a six month extension, until November 30, 2007, of the lease term provided for under the Agreement of Lease, dated November 3, 2003, between the Company and Atrium Building LLC, under which the Company leases approximately 93,549 square feet of rentable area at 375 West Padonia Road, Timonium, Maryland 21093, where the Company’s sales, marketing and administrative offices are located.  The base rental rate is $124,732.00 per month for the extended period.

ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.

(a)     Financial Statements of Businesses Acquired.

None.

(b)     Pro Forma Financial Information.

None.

(d)     Exhibits.

 

Exh1ibit No.

 

Description

10.1

 

First Amendment to Agreement of Lease, dated January 23, 2007

 

Information presented in this Current Report on Form 8-K may contain forward-looking statements and certain assumptions upon which such forward-looking statements are in part based. Numerous important factors, including those factors identified in the TESSCO Technologies Incorporated Annual Report on Form 10-K and other of the Company’s filings with the Securities and Exchange Commission, and the fact that the assumptions set forth in this Current Report on Form 8-K could prove incorrect, could cause actual results to differ materially from those contained in such forward-looking statements.

2




SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

TESSCO Technologies Incorporated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By:

 

/s/ David M. Young

 

 

 

 

David M. Young
Senior Vice President and Chief Financial Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dated: January 29, 2007

 

 

3




 

EXHIBIT INDEX

 

Exhibit No.

 

Description of Exhibit

 

 

10.1

 

First Amendment to Agreement of Lease dated January 23, 2007

 

 

 

 

 

 

 

 

 



EX-10.1 2 a07-2916_1ex10d1.htm EX-10.1

Exhibit 10.1

 

FIRST AMENDMENT TO AGREEMENT OF LEASE

THIS FIRST AMENDMENT TO AGREEMENT OF LEASE (this “Amendment”) is made this 23 day of January, 2007, by ATRIUM BUILDING, LLC, a Maryland limited liability company (“Landlord”) and TESSCO TECHNOLOGIES, INC., a Delaware corporation (“Tenant”).

W I T N E S S E T H:

WHEREAS, Landlord and Tenant entered into that Agreement of Lease dated November 3, 2003 (the “Lease”), by the terms of which Tenant leases from Landlord and Landlord leases to Tenant that certain premises containing an agreed upon equivalent of 93,549 square feet of rentable area (the “Premises”) within the office building located at 375 West Padonia Road, Timonium, Maryland 21093 (the “Building”), all as more particularly described in the Lease for a term which expires on May 31, 2007 (the “Initial Term”);

WHEREAS, Landlord and Tenant mutually desire to extend the term of the Lease and to amend the same with respect to the Base Rent and certain other matters of the Lease, all as more particularly set forth below; and

WHEREAS, all capitalized terms used in this Amendment which are not defined herein shall have the meanings given to them in the Lease, unless the context otherwise requires.

NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows:

1.             Extension of Term.  Landlord and Tenant agree that the Term of the Lease shall be extended for one (1) additional period of six (6) months commencing on June 1, 2007, and expiring November 30, 2007 (the “First Renewal Term”).  Tenant’s rental of the Premises during the First Renewal Term shall be on the same terms, covenants and conditions set forth in the Lease, provided, however, that Tenant shall pay as Base Rent during the First Renewal Term the amounts set forth below:

Period of First Renewal Term

 

Annual Base Rent

 

Monthly Installment
of Annual Base Rent

 

 

 

 

 

 

 

6/1/07—11/30/07*

 

$

1,496,784.00

 

$

124,732.00

 

* The parties acknowledge that the Base Rent is annualized based on a full year.

2.             Notices.  Commencing as of the date of this Amendment, Section 33 of the Lease is hereby amended by deleting the address of Landlord and replacing that address with the following:

If to Landlord:

 

Atrium Building, LLC

 

 

c/o Corporate Office Properties, L.P.

 

 

6711 Columbia Gateway Drive, Suite 300

 

 

Columbia, Maryland 21046

 

 

Attn: General Counsel

 

 

Facsimile: (443) 285-7652

 

3.             Ratification of Lease.  All other terms, covenants and conditions of the Lease shall remain the same and continue in full force and effect, and shall be deemed unchanged, except as such terms, covenants and conditions of the Lease have been amended or modified by this Amendment and this Amendment shall, by this reference, constitute a part of the Lease.




 

IN WITNESS WHEREOF, Landlord and Tenant have respectively affixed their hands and seals to this Amendment as of the day and year first above written.

WITNESS:

 

LANDLORD:

 

 

 

 

ATRIUM BUILDING, LLC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

/s/

By:

/s/

 

(SEAL)

 

 

Roger A. Waesche, Jr.

 

 

 

 

Executive Vice President

 

 

 

 

 

 

 

 

 

 

 

 

WITNESS:

 

TENANT:

 

 

 

 

TESSCO TECHNOLOGIES, INC.

 

 

 

 

 

 

 

 

 

 

 

 

/s/

By:

/s/

 

(SEAL)

 

Name:

D. A. Rein

 

 

 

Title:

SVP, Operations

 

 

 

STATE OF MARYLAND, COUNTY OF ________________, TO WIT:

I HEREBY CERTIFY, that on this ______ day of                             , 2007, before me, the undersigned Notary Public of said State, personally appeared ROGER A. WAESCHE, JR. , who ack­nowledged him­self to be Executive Vice President of ATRIUM BUILDING, LLC, a Maryland limited liability company, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknow­ledged that he executed the same for the purposes therein contained as the duly authorized Executive Vice President by signing the name of the company by himself as Executive Vice President.

WITNESS my hand and Notarial Seal.

 

 

 

 

Notary Public

 

My Commission Expires:                        

STATE OF MARYLAND,                            , TO WIT:

I HEREBY CERTIFY, that on this       day of                    , 2007, before me, the undersigned Notary Public of said State, personally appeared                             , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged himself/herself to be the                                       of TESSCO TECHNOLOGIES, INC., a Delaware corporation, that he/she, as such                           , being authorized so to do, executed the foregoing instrument on behalf of said Corporation by himself/herself as such _____________________.

WITNESS my hand and Notarial Seal.

 

 

My Commission Expires:                                             

 

Notary Public

 



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