TherapeuticsMD, Inc. - 10-Q

Exhibit 10.3

FOURTH AMENDMENT TO LEASE

THIS FOURTH AMENDMENT TO LEASE (the “Fourth Amendment”) is made and entered into as of the Effective Date hereof, by and between 6800 BROKEN SOUND LLC, a Florida limited liability company and its successors or assigns (“Landlord”), and THERAPEUTICSMD, INC., a Nevada corporation authorized to do business in Florida (“Tenant”).

RECITALS:

A.       Landlord and Tenant have entered into that certain Lease effective as of May 13, 2013 (the “Original Lease”) for the Lease of that certain Premises described within the Lease as the entire third floor of the Building located at 6800 Broken Sound Parkway, Boca Raton, Florida (“First Premises”).

B.       Effective as of February 19, 2015, Landlord and Tenant entered into that certain First Amendment to Lease (“First Amendment”), which, among other things, modified the Premises to also include Suite 100 of the Building (as defined in the Lease) (the “Second Premises”).

C.       Effective as of April 26, 2016, Landlord and Tenant entered into that certain Second Amendment to Lease (“Second Amendment”), which among other things, modified the Premises to also include Suite 125 of the Building (as defined in the Lease) (the “Third Premises”).

D.       Thereafter, Landlord and Tenant entered into that certain Third Amendment to Lease effective as of October 4, 2016 (“Third Amendment”, and together with the Original Lease, the First Amendment, and the Second Amendment, the “Original Lease”; the Original Lease, as modified by this Third Amendment, is referred to herein as the “Lease”); which among other things, modified the Premises to thereafter include the entire third floor of the Building, Suite 100, Suite 125 and Suite 150 located within the Building, all as further defined and identified therein, and containing approximately 33,124 rentable square feet and constituting 65.19% of the Gross Rentable square footage of the Building (collectively, for purposes hereof, the “Existing Premises”).

E.       Landlord and Tenant desire to modify and amend the Lease to, among other things, upon the terms and conditions set forth herein: (i) to modify the date upon which the First Premises Rent Maximum Payment Ceiling terminates from October 1, 2018 to April 30, 2018.

F.       Landlord and Tenant desire to enter into such other terms, conditions, and amendments to the Lease as are more specifically set forth herein.

NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, and for separate consideration, the receipt and sufficiency of which is hereby acknowledged and agreed to by the parties hereto, the Landlord and Tenant do hereby agree as follows:

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IN WITNESS WHEREOF, the parties have executed this Lease as of the last date set forth below.

LANDLORD ACKNOWLEDGMENT

The foregoing instrument was acknowledged before me this 9^th  day of May, 2018 by Marc Bell, as Manager of 6800 Broken Sound LLC, a Florida limited liability company, on behalf of the company. He/she personally appeared before me, is personally known to me or produced _______________________ as identification.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

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TENANT ACKNOWLEDGMENT

The foregoing instrument was acknowledged before me this 9^th  day of May, 2018 by Robert Finizio as CEO of TherapeuticsMD, Inc., a Nevada corporation authorized to do business in Florida, on behalf said _______________________. He/she personally appeared before me, is personally known to me or produced _______________________ as identification.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.