EXHIBIT 10.22(d)
NOTE: THIS
DOCUMENT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST PURSUANT
TO RULE 406
UNDER THE SECURITIES ACT OF 1933, AS AMENDED. PORTIONS OF THIS DOCUMENT FOR WHICH
CONFIDENTIAL TREATMENT HAS BEEN REQUESTED HAVE BEEN REDACTED AND ARE MARKED HEREIN BY “***”. SUCH
REDACTED INFORMATION HAS BEEN FILED SEPARATELY WITH THE COMMISSION PURSUANT TO THE CONFIDENTIAL
TREATMENT REQUEST.
Third Amendment to Lease
This Third Amendment to Lease (this “Amendment”) dated September 29, 2005 is
executed by and between Syufy Properties, Inc., a California corporation (“Landlord”) and
Century Theatres, Inc., a California corporation (“Tenant”).
Witnesseth:
Whereas, Sycal Properties, Inc. and Century Theatres of California, Inc, a
California corporation, entered into a lease dated September 30, 1995, as amended by that certain
First Amendment to Lease, dated September 1, 2000 between Sycal Properties, Inc. and Century
Theatres, Inc., a Delaware corporation and as further amended by that certain Second Amendment to
Lease, dated April 15, 2005, between Sycal Properties, Inc. and Century Theatres, Inc., a
California corporation (as amended, the “Lease”), for a motion picture building and related parking
(the “Premises”) located at Century Pleasant Hill, 2341 Monument Boulevard, Pleasant Hill,
California; capitalized terms used but not defined herein shall have the meanings set forth in the
Lease; and
Whereas, Century Theatres, Inc., a Delaware corporation (“Century Theatres (DE)”), succeeded Century Theatres of California, Inc., as Tenant; and
Whereas, Century Theatres (DE) assumed all obligations of Century Theatres of
California, Inc., as set forth in the Lease; and
Whereas, Century Theatres, Inc., a California corporation, has succeeded
Century Theatres (DE) as Tenant; and
Whereas, Century Theatres, Inc., a California corporation, has assumed all
obligations of Century Theatres (DE), as set forth in the Lease; and
Whereas, Syufy Properties, Inc. has succeeded Sycal Properties, Inc. as Landlord and
has assumed all of its obligations as set forth in the Lease; and
Whereas, the parties desire now to amend the Lease as hereinafter provided;
Now, Therefore, the parties hereto mutually agree that, notwithstanding anything to
the contrary therein, the Lease shall be amended as follows:
A. Term and Termination
The termination provision, as set forth in that certain Second Amendment to Lease,
dated April 15, 2005 is hereby deleted and the Initial Term, as set forth in the lease dated
September 30, 1995 shall remain unchanged.
Century Pleasant Hill 5 — Pleasant Hill, California
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B. Annual Rent
Annual Base Rent for the remainder of the Initial Term of the Lease shall be fixed at *** *** per year, payable monthly as set forth in the Lease.
C. Surrender; No Demolition Obligation
Notwithstanding anything to the contrary in the Lease, upon the expiration or earlier
termination of the Lease, Tenant shall have no obligation to demolish or pay Landlord to demolish
the improvements located on the Premises or to remove any surface debris therefrom.
D. Miscellaneous
This Amendment constitutes the entire understanding of the parties with respect to the subject
matter hereof and all prior agreements, representations, and understandings between the parties,
whether oral or written, are deemed null, all of the foregoing having been merged into this
Amendment.
This Amendment to Lease is hereby executed and shall be effective as of the date first written
above. All other conditions of the Lease shall remain in full force and effect.
This Amendment shall bind and inure to the benefit of Landlord and Tenant and their respective
legal representatives and successors and assigns.
Each party hereby specifically represents and warrants that its execution of this Amendment
has been duly authorized by all necessary corporate or other action, and that this Amendment when
fully signed and delivered shall constitute a binding agreement of such party, enforceable in
accordance with its terms.
The parties acknowledge that each party and/or its counsel have reviewed and revised this
Amendment and that no rule of construction to the effect that any ambiguities are to be resolved
against the drafting party shall be employed in the interpretation of this Amendment or any
amendments or exhibits to this Amendment or any document executed and delivered by either party in
connection with this Amendment.
This Amendment may be executed in counterparts each of which shall be deemed an original and
all of which taken together shall constitute one and the same agreement.
[Signatures on following page]
Century Pleasant Hill 5 — Pleasant Hill, California
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