Exhibit 10.4A
FIRST AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE
THIS FIRST AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE (this " Amendment" ) is entered into as of the 31st day of December, 2001, by and between WOODWARD PROPERTIES, LLP , a limited liability partnership whose present address is P.O. Box 43327, Birmingham, Alabama 35243 (" Lessor" ), and NATIONAL BANK OF COMMERCE OF BIRMINGHAM , a national banking association whose present address is P.O. Box 10686, Birmingham, Alabama 35202 (" Lessee" ).
Recitals
A. The Lessor and the Lessee are parties to that certain National Bank of Commerce Building Amended, Restated and Consolidating Lease dated June 1, 2000 (the " Lease" ) regarding certain Premises in the National Bank of Commerce Building situated on the south side of First Avenue North, between 19th and 20th Streets in the City of Birmingham, Alabama. Capitalized terms used in these Recitals have the meanings defined for them above, in these Recitals and in the Lease.
B. The Lessee has requested the Lessor, and the Lessor has agreed, to permit the Lessee to lease the Tenth Floor of the Building, and in connection therewith, the Lessor and the Lessee have agreed to amend the Lease as more particularly set forth herein.
Agreement
NOW, THEREFORE , in consideration of the premises and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
SECTION 1 Addition of Premises . Section 1 of the Lease is hereby replaced in its entirety with the following:
1. Demise . Lessor, upon the terms and conditions hereinafter expressed, hereby leases to Lessee the following described space (the " Premises" ) in the National Bank of Commerce Building situated on the south side of First Avenue North, between 19th and 20th Streets in the City of Birmingham, Alabama (the " Building" ), which Premises shall consist of a total of 77,591 rentable square feet:
All rentable space on the Basement, First, Second, Third, Fourth, Sixth, Seventh, Eighth and Tenth floors of the Building.
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