Item 1.01 Entry into a Material Definitive Agreement.
On November 5, 2008, Orbital Sciences Corporation (the "Corporation") and
Corporate Property Associates 9, L.P. (the "Landlord") entered into a Fourth
Amendment to Lease Agreement (the "Fourth Amendment") pursuant to which the
parties agreed to certain amendments to the Lease Agreement dated September 29,
1989, as amended (the "Lease"), entered into by and between the Corporation (as
successor by merger with Space Data Corporation) and the Landlord (as successor
by merger with Corporate Property Associates 8, L.P.).
Pursuant to the Fourth Amendment, the term of the Lease is extended to expire
on September 29, 2019 and the Corporation has three remaining five-year renewal
options. The Fourth Amendment further provides that, effective as of
September 1, 2008, base rent is reduced to $2,770,560 per annum and will be
subject to only one adjustment on October 1, 2014 in accordance with terms of
the Lease. In addition, subject to certain terms and conditions, the Landlord
agrees to reimburse to the Corporation up to $5,250,000 of the actual costs the
Corporation incurs in making certain improvements to the leased premises. Any
amounts reimbursed by the Landlord after the initial $1,250,000 will be
amortized and repaid by the Corporation as additional rent with interest.
The foregoing description is qualified in its entirety by reference to the
provisions of the Fourth Amendment, a copy of which is included as Exhibit 10.1
to this Current Report on Form 8-K and is incorporated herein by reference.
Item 9.0l Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. Description
10.1 Fourth Amendment to Lease Agreement dated as of November 5, 2008, by and
between Corporate Property Associates 9, L.P. and Orbital Sciences
Corporation.
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