Delaware (State or other jurisdiction of incorporation or organization) |
20-5490327 (I.R.S. Employer Identification No.) |
|
3900 Dallas Parkway Suite 500 Plano, Texas (Address of principal executive offices) |
75093 (Zip Code) |
Page | ||||||||
PART I. FINANCIAL INFORMATION |
||||||||
Item 1. Financial Statements |
||||||||
3 | ||||||||
4 | ||||||||
5 | ||||||||
6 | ||||||||
20 | ||||||||
34 | ||||||||
35 | ||||||||
36 | ||||||||
36 | ||||||||
37 | ||||||||
46 | ||||||||
Certification of CEO Pursuant to Section 302 | ||||||||
Certification of CFO Pursuant to Section 302 | ||||||||
Certification of CEO Pursuant to Section 906 | ||||||||
Certification of CFO Pursuant to Section 906 |
2
March 31, | December 31, | |||||||
2007 | 2006 | |||||||
ASSETS |
||||||||
CURRENT ASSETS |
||||||||
Cash and cash equivalents |
$ | 163,095 | $ | 147,099 | ||||
Inventories |
6,388 | 6,058 | ||||||
Accounts receivable |
24,959 | 31,165 | ||||||
Income tax receivable |
— | 8,946 | ||||||
Current deferred tax asset |
4,661 | 4,661 | ||||||
Prepaid expenses and other |
6,732 | 8,424 | ||||||
Total current assets |
205,835 | 206,353 | ||||||
THEATRE PROPERTIES AND EQUIPMENT |
1,786,983 | 1,736,706 | ||||||
Less accumulated depreciation and amortization |
452,990 | 412,134 | ||||||
Theatre properties and equipment, net |
1,333,993 | 1,324,572 | ||||||
OTHER ASSETS |
||||||||
Goodwill |
1,147,699 | 1,205,423 | ||||||
Intangible assets — net |
355,959 | 360,752 | ||||||
Investments in and advances to affiliates |
6,201 | 11,390 | ||||||
Deferred charges and other assets — net |
65,073 | 63,092 | ||||||
Total other assets |
1,574,932 | 1,640,657 | ||||||
TOTAL ASSETS |
$ | 3,114,760 | $ | 3,171,582 | ||||
LIABILITIES AND STOCKHOLDERS’ EQUITY |
||||||||
CURRENT LIABILITIES |
||||||||
Current portion of long-term debt |
$ | 14,047 | $ | 14,259 | ||||
Current portion of capital lease obligations |
3,765 | 3,649 | ||||||
Income tax payable |
105,067 | — | ||||||
Accounts payable and accrued expenses |
170,270 | 212,914 | ||||||
Total current liabilities |
293,149 | 230,822 | ||||||
LONG-TERM LIABILITIES |
||||||||
Long-term debt, less current portion |
1,553,853 | 1,897,394 | ||||||
Capital lease obligations, less current portion |
111,194 | 112,178 | ||||||
Deferred income taxes |
118,583 | 198,320 | ||||||
Long-term portion FIN 48 liability |
12,084 | — | ||||||
Deferred lease expenses |
15,892 | 14,286 | ||||||
Deferred revenues and other long-term liabilities |
185,341 | 12,672 | ||||||
Total long-term liabilities |
1,996,947 | 2,234,850 | ||||||
COMMITMENTS AND CONTINGENCIES (see Note 17) |
||||||||
MINORITY INTERESTS IN SUBSIDIARIES |
16,854 | 16,613 | ||||||
STOCKOLDERS’ EQUITY |
||||||||
Common stock, $0.001 par value: 300,000,000 shares authorized and
92,560,622 shares issued and outstanding |
93 | 93 | ||||||
Additional paid-in-capital |
686,166 | 685,433 | ||||||
Retained earnings (deficit) |
109,426 | (7,692 | ) | |||||
Accumulated other comprehensive income |
12,125 | 11,463 | ||||||
Total stockholders’ equity |
807,810 | 689,297 | ||||||
TOTAL LIABILITIES AND STOCKHOLDERS’ EQUITY |
$ | 3,114,760 | $ | 3,171,582 | ||||
3
Three months ended March 31, | ||||||||
2007 | 2006 | |||||||
REVENUES |
||||||||
Admissions |
$ | 243,990 | $ | 153,668 | ||||
Concession |
115,087 | 78,072 | ||||||
Other |
18,945 | 14,249 | ||||||
Total revenues |
378,022 | 245,989 | ||||||
COST OF OPERATIONS |
||||||||
Film rentals and advertising |
128,294 | 78,948 | ||||||
Concession supplies |
17,457 | 12,040 | ||||||
Salaries and wages |
40,182 | 24,527 | ||||||
Facility lease expense |
51,645 | 37,032 | ||||||
Utilities and other |
44,193 | 32,120 | ||||||
General and administrative expenses |
18,733 | 14,082 | ||||||
Depreciation and amortization |
36,875 | 20,712 | ||||||
Amortization of favorable leases |
934 | 950 | ||||||
Impairment of long-lived assets |
49,730 | 276 | ||||||
Loss on sale of assets and other |
305 | 728 | ||||||
Total cost of operations |
388,348 | 221,415 | ||||||
OPERATING
INCOME (LOSS) |
(10,326) | 24,574 | ||||||
OTHER INCOME (EXPENSE) |
||||||||
Interest expense |
(41,497 | ) | (22,368 | ) | ||||
Interest income |
3,783 | 1,894 | ||||||
Gain on NCM Transaction |
210,773 | — | ||||||
Foreign currency exchange gain |
220 | 60 | ||||||
Loss on early retirement of debt |
(7,829 | ) | — | |||||
Equity in loss of affiliates |
(1,231 | ) | (1,189 | ) | ||||
Minority interests in income of subsidiaries |
(289 | ) | (272 | ) | ||||
Total other income (expense) |
163,930 | (21,875 | ) | |||||
INCOME BEFORE TAXES |
153,604 | 2,699 | ||||||
Income taxes |
35,393 | (3,091 | ) | |||||
NET INCOME |
$ | 118,211 | $ | 5,790 | ||||
WEIGHTED AVERAGE SHARES OUTSTANDING |
||||||||
Basic |
92,561 | 82,530 | ||||||
Diluted |
94,912 | 84,728 | ||||||
NET EARNINGS PER SHARE |
||||||||
Basic |
$ | 1.28 | $ | 0.07 | ||||
Diluted |
$ | 1.25 | $ | 0.07 | ||||
4
Three Months Ended March 31, | ||||||||
2007 | 2006 | |||||||
OPERATING ACTIVITIES |
||||||||
Net income |
$ | 118,211 | $ | 5,790 | ||||
Adjustments to reconcile net income to cash provided by (used for) operating activities: |
||||||||
Depreciation |
35,871 | 19,033 | ||||||
Amortization of intangible and other assets |
1,938 | 2,629 | ||||||
Amortization of long-term prepaid rents |
236 | 281 | ||||||
Amortization of debt issue costs |
1,191 | 724 | ||||||
Amortization of debt premium |
(678 | ) | (778 | ) | ||||
Amortization of deferred revenues, deferred lease incentives and other |
(266 | ) | (111 | ) | ||||
Impairment of long-lived assets |
49,730 | 276 | ||||||
Stock option compensation expense |
733 | 716 | ||||||
Gain on NCM Transaction |
(210,773 | ) | — | |||||
Loss on sale of assets and other |
305 | 728 | ||||||
Write-off of unamortized bond premiums and unamortized debt issue costs
related to the early retirement of debt |
(17,098 | ) | — | |||||
Accretion of interest on senior discount notes |
10,449 | 10,207 | ||||||
Deferred lease expenses |
1,607 | 1,381 | ||||||
Deferred income tax expenses |
(91,026 | ) | (6,501 | ) | ||||
Equity in loss of affiliates |
1,231 | 1,189 | ||||||
Minority interests in income of subsidiaries |
289 | 272 | ||||||
Changes in assets and liabilities: |
||||||||
Inventories |
(330 | ) | 61 | |||||
Accounts receivable |
6,206 | (1,167 | ) | |||||
Prepaid expenses and other |
1,692 | 114 | ||||||
Other assets |
(3,570 | ) | (4,104 | ) | ||||
Advances with affiliates |
(111 | ) | (434 | ) | ||||
Accounts payable and accrued liabilities |
(41,404 | ) | (27,649 | ) | ||||
Increase in deferred revenues related to NCM Transaction |
174,001 | — | ||||||
Other long-term liabilities |
(2,272 | ) | 135 | |||||
Income tax receivable/payable |
125,004 | (4,427 | ) | |||||
Net cash provided by (used for) operating activities |
161,166 | (1,635 | ) | |||||
INVESTING ACTIVITIES |
||||||||
Additions to theatre properties and equipment |
(32,065 | ) | (28,246 | ) | ||||
Proceeds from sale of theatre properties and equipment |
8,359 | 58 | ||||||
Net proceeds from sale of NCM stock |
214,842 | — | ||||||
Other |
— | 271 | ||||||
Net cash
provided by (used for) investing activities |
191,136 | (27,917 | ) | |||||
FINANCING ACTIVITIES |
||||||||
Retirement of senior subordinated notes |
(332,000 | ) | — | |||||
Proceeds from other long-term debt |
— | 601 | ||||||
Repayments of other long-term debt |
(3,576 | ) | (2,264 | ) | ||||
Payments on capital leases |
(868 | ) | — | |||||
Debt issue costs |
— | (97 | ) | |||||
Other |
(48 | ) | (442 | ) | ||||
Net cash used for financing activities |
(336,492 | ) | (2,202 | ) | ||||
EFFECT OF EXCHANGE RATE CHANGES
ON CASH AND CASH EQUIVALENTS |
186 | (156 | ) | |||||
INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS |
15,996 | (31,910 | ) | |||||
CASH AND CASH EQUIVALENTS: |
||||||||
Beginning of period |
147,099 | 182,199 | ||||||
End of period |
$ | 163,095 | $ | 150,289 | ||||
SUPPLEMENTAL INFORMATION (see Note 14) |
5
6
Three Months Ended | ||||||||
March 31, | ||||||||
2007 | 2006 | |||||||
Net income |
$ | 118,211 | $ | 5,790 | ||||
Basic: |
||||||||
Weighted average common shares outstanding |
92,561 | 82,530 | ||||||
Net income per common share |
$ | 1.28 | $ | 0.07 | ||||
Diluted: |
||||||||
Weighted average common shares outstanding |
92,561 | 82,530 | ||||||
Common equivalent shares for stock options |
2,351 | 2,198 | ||||||
Weighted average common and common equivalent shares outstanding |
94,912 | 84,728 | ||||||
Net income per common and common equivalent share |
$ | 1.25 | $ | 0.07 | ||||
Current assets (1) |
$ | 32,635 | ||
Fixed assets (2) |
548,451 | |||
Goodwill (2) |
640,436 | |||
Tradename |
136,000 | |||
Other long term assets |
4,956 | |||
Net unfavorable leases |
(9,360 | ) | ||
Current liabilities |
(74,488 | ) | ||
Other long term liabilities (2) |
(229,957 | ) | ||
Total |
$ | 1,048,673 | ||
(1) | Includes cash of $7,290. | |
(2) | During the three months ended March 31, 2007, the Company adjusted its preliminary purchase price allocation to fixed assets (increase of $29,398), goodwill (decrease of $18,110) and other long term liabilities (increase of $11,288) due to additional information obtained regarding the fair value of these assets and liabilities acquired. |
7
8
9
10
September 30, 2004 | January 28, 2005 | ||||||||
Grant | Grant | ||||||||
Expected life |
6.5 years | 6.5 years | |||||||
Expected volatility (1) |
39 | % | 44 | % | |||||
Risk-free interest rate |
3.79 | % | 3.93 | % | |||||
Dividend yield |
0 | % | 0 | % |
(1) | Expected volatility is based on historical volatility of the common stock price of comparable public companies. |
Number of | Weighted Average | |||||||
Options | Exercise Price | |||||||
Outstanding at 1/1/06 |
6,998,786 | $ | 7.63 | |||||
Granted |
— | $ | — | |||||
Exercised |
(4,603 | ) | $ | 7.63 | ||||
Forfeited |
(13,590 | ) | $ | 7.63 | ||||
Outstanding at 12/31/06 |
6,980,593 | $ | 7.63 | |||||
Granted |
— | $ | — | |||||
Exercised |
— | $ | — | |||||
Forfeited |
(65,002 | ) | $ | 7.63 | ||||
Outstanding at 3/31/07 |
6,915,591 | $ | 7.63 | |||||
Options exercisable at 3/31/07 |
4,173,828 | $ | 7.63 | |||||
11
U.S. | International | |||||||||||
Operating | Operating | |||||||||||
Segment | Segment | Total | ||||||||||
Balance at December 31, 2006 |
$ | 1,056,816 | $ | 148,607 | $ | 1,205,423 | ||||||
Purchase price allocation adjustment for Century
Acquisition (see Note 4) |
(18,110 | ) | — | (18,110 | ) | |||||||
Impairment charges |
(39,310 | ) | (1,501 | ) | (40,811 | ) | ||||||
Foreign currency translation adjustments and other |
— | 1,197 | 1,197 | |||||||||
Balance at March 31, 2007 |
$ | 999,396 | $ | 148,303 | $ | 1,147,699 | ||||||
12
Foreign | ||||||||||||||||||||
Currency | ||||||||||||||||||||
Translation | ||||||||||||||||||||
Balance at | Adjustments | Balance at | ||||||||||||||||||
December 31, | and | March 31, | ||||||||||||||||||
2006 | Amortization | Impairment | Other | 2007 | ||||||||||||||||
Intangible assets with finite lives: |
||||||||||||||||||||
Capitalized licensing fees: |
||||||||||||||||||||
Gross carrying amount |
$ | 5,138 | $ | — | $ | — | $ | — | $ | 5,138 | ||||||||||
Accumulated amortization |
(1,139 | ) | (107 | ) | — | — | (1,246 | ) | ||||||||||||
Net carrying amount |
$ | 3,999 | $ | (107 | ) | $ | — | $ | — | $ | 3,892 | |||||||||
Vendor contracts: |
||||||||||||||||||||
Gross carrying amount |
$ | 56,526 | — | — | (97 | ) | 56,429 | |||||||||||||
Accumulated amortization |
(19,924 | ) | (861 | ) | — | — | (20,785 | ) | ||||||||||||
Net carrying amount |
$ | 36,602 | $ | (861 | ) | $ | — | $ | (97 | ) | $ | 35,644 | ||||||||
Net favorable leases: |
||||||||||||||||||||
Gross carrying amount |
21,999 | — | (2,538 | ) | (139 | ) | 19,322 | |||||||||||||
Accumulated amortization |
(12,023 | ) | (934 | ) | — | — | (12,957 | ) | ||||||||||||
Net carrying amount |
$ | 9,976 | $ | (934 | ) | $ | (2,538 | ) | $ | (139 | ) | $ | 6,365 | |||||||
Other intangible assets: |
||||||||||||||||||||
Gross carrying amount |
70 | — | — | (1 | ) | 69 | ||||||||||||||
Accumulated amortization |
(16 | ) | (1 | ) | — | — | (17 | ) | ||||||||||||
Net carrying amount |
$ | 54 | (1 | ) | $ | — | $ | (1 | ) | $ | 52 | |||||||||
Total net intangible assets with finite lives |
$ | 50,631 | $ | (1,903 | ) | $ | (2,538 | ) | $ | (237 | ) | $ | 45,953 | |||||||
Intangible assets with indefinite lives: |
||||||||||||||||||||
Tradename |
310,118 | — | — | (115 | ) | 310,003 | ||||||||||||||
Other unamortized intangible assets |
3 | — | — | — | 3 | |||||||||||||||
Total intangible assets — net |
$ | 360,752 | $ | (1,903 | ) | $ | (2,538 | ) | $ | (352 | ) | $ | 355,959 | |||||||
For the nine months ended December 31, 2007 |
$ | 4,885 | ||
For the twelve months ended December 31, 2008 |
6,294 | |||
For the twelve months ended December 31, 2009 |
5,637 | |||
For the twelve months ended December 31, 2010 |
5,217 | |||
For the twelve months ended December 31, 2011 |
4,642 | |||
Thereafter |
19,278 | |||
Total |
$ | 45,953 | ||
13
United States theatre properties |
$ | 6,371 | ||
International theatre properties |
10 | |||
Subtotal |
$ | 6,381 | ||
Intangible assets (see Note 10) |
2,538 | |||
Goodwill (see Note 10) |
40,811 | |||
Impairment of long-lived assets |
$ | 49,730 | ||
14
Three Months Ended | ||||||||
March 31, | ||||||||
2007 | 2006 | |||||||
Net income |
$ | 118,211 | $ | 5,790 | ||||
Fair value adjustments on interest rate
swap agreements (see Note 9 ) |
(1,206 | ) | — | |||||
Foreign currency translation adjustment |
1,868 | 2,455 | ||||||
Comprehensive income |
$ | 118,873 | $ | 8,245 | ||||
Three Months Ended | ||||||||
March 31, | ||||||||
2007 | 2006 | |||||||
Cash paid for interest |
$ | 43,932 | $ | 20,083 | ||||
Net cash paid for income taxes |
$ | 840 | $ | 8,067 | ||||
Noncash investing and financing activities: |
||||||||
Change in construction lease obligations
related to construction of theatres |
$ | 2,109 | $ | (2,151 | ) | |||
Change in accounts payable and accrued
expenses for the acquisition of theatre
properties and equipment |
$ | (3,402 | ) | $ | (1,496 | ) |
15
Three Months Ended | ||||||||
March 31, | ||||||||
2007 | 2006 | |||||||
Revenues |
||||||||
U.S. |
$ | 306,374 | $ | 181,040 | ||||
International |
72,263 | 65,324 | ||||||
Eliminations |
(615 | ) | (375 | ) | ||||
Total Revenues |
$ | 378,022 | $ | 245,989 | ||||
Adjusted EBITDA |
||||||||
U.S. |
$ | 66,699 | $ | 38,318 | ||||
International |
13,395 | 11,300 | ||||||
Total Adjusted EBITDA |
$ | 80,094 | $ | 49,618 | ||||
Capital Expenditures |
||||||||
U.S. |
$ | 24,897 | $ | 23,832 | ||||
International |
7,168 | 4,414 | ||||||
Total Capital Expenditures |
$ | 32,065 | $ | 28,246 | ||||
Three Months Ended | ||||||||
March 31, | ||||||||
2007 | 2006 | |||||||
Net income |
$ | 118,211 | $ | 5,790 | ||||
Add (deduct): |
||||||||
Income taxes |
35,393 | (3,091 | ) | |||||
Interest expense (1) |
41,497 | 22,368 | ||||||
Gain on NCM Transaction |
(210,773 | ) | — | |||||
Other (income) expense |
5,346 | (493 | ) | |||||
Depreciation and amortization |
36,875 | 20,712 | ||||||
Amortization of net favorable leases |
934 | 950 | ||||||
Impairment of long-lived assets |
49,730 | 276 | ||||||
Loss on sale of assets and other |
305 | 728 | ||||||
Deferred lease expenses |
1,607 | 1,381 | ||||||
Amortization of long-term prepaid rents |
236 | 281 | ||||||
Amortized compensation-stock options |
733 | 716 | ||||||
Adjusted EBITDA |
$ | 80,094 | $ | 49,618 | ||||
(1) | Includes amortization of debt issue costs. |
16
Three Months Ended | ||||||||
March 31, | ||||||||
Revenues | 2007 | 2006 | ||||||
U.S. and Canada |
$ | 306,374 | $ | 181,040 | ||||
Brazil |
34,412 | 28,828 | ||||||
Mexico |
16,678 | 16,525 | ||||||
Other foreign countries |
21,173 | 19,971 | ||||||
Eliminations |
(615 | ) | (375 | ) | ||||
Total |
$ | 378,022 | $ | 245,989 | ||||
March 31, | December 31, | |||||||
Theatre Properties and Equipment-net | 2007 | 2006 | ||||||
U.S. and Canada |
$ | 1,180,520 | $ | 1,169,456 | ||||
Brazil |
57,912 | 55,749 | ||||||
Mexico |
49,614 | 51,272 | ||||||
Other foreign countries |
45,947 | 48,095 | ||||||
Total |
$ | 1,333,993 | $ | 1,324,572 | ||||
17
18
19
20
• | actual theatre level cash flows; | ||
• | future years budgeted theatre level cash flows; | ||
• | theatre property and equipment carrying values; | ||
• | goodwill carrying values; | ||
• | amortizing intangible asset carrying values; | ||
• | the age of a recently built theatre; | ||
• | competitive theatres in the marketplace; | ||
• | changes in foreign currency exchange rates; | ||
• | the impact of recent ticket price changes; | ||
• | available lease renewal options; and | ||
• | other factors considered relevant in our assessment of impairment of individual theatre assets. |
21
22
23
Three Months Ended | ||||||||
March 31, | ||||||||
Operating data (in millions) | 2007 | 2006 | ||||||
Revenues |
||||||||
Admissions |
$ | 244.0 | $ | 153.7 | ||||
Concession |
115.1 | 78.1 | ||||||
Other |
18.9 | 14.2 | ||||||
Total revenues |
$ | 378.0 | $ | 246.0 | ||||
Theatre operating costs (1) |
||||||||
Film rentals and advertising |
$ | 128.3 | $ | 78.9 | ||||
Concession supplies |
17.5 | 12.0 | ||||||
Salaries and wages |
40.2 | 24.5 | ||||||
Facility lease expense |
51.6 | 37.1 | ||||||
Utilities and other |
44.2 | 32.1 | ||||||
Total theatre operating costs |
$ | 281.8 | $ | 184.6 | ||||
Operating data as a percentage of
revenues (2) |
||||||||
Revenues |
||||||||
Admissions |
64.6 | % | 62.5 | % | ||||
Concession |
30.4 | % | 31.7 | % | ||||
Other |
5.0 | % | 5.8 | % | ||||
Total revenues |
100.0 | % | 100.0 | % | ||||
Theatre operating costs (1) (2) |
||||||||
Film rentals and advertising |
52.6 | % | 51.3 | % | ||||
Concession supplies |
15.2 | % | 15.4 | % | ||||
Salaries and wages |
10.6 | % | 10.0 | % | ||||
Facility lease expense |
13.7 | % | 15.1 | % | ||||
Utilities and other |
11.7 | % | 13.0 | % | ||||
Total theatre operating costs |
74.6 | % | 75.0 | % | ||||
Average screen count (month end average) |
4,481 | 3,340 | ||||||
Revenues per average screen (in dollars) |
$ | 84,356 | $ | 73,653 | ||||
(1) | Excludes depreciation and amortization expense. | |
(2) | All costs are expressed as a percentage of total revenues, except film rentals and advertising, which are expressed as a percentage of admissions revenues and concession supplies, which are expressed as a percentage of concession revenues. |
24
International Operating | |||||||||||||||||||||||||||||||||||||||
U.S. Operating Segment | Segment | Consolidated | |||||||||||||||||||||||||||||||||||||
Three Months Ended | Three Months Ended | Three Months Ended | |||||||||||||||||||||||||||||||||||||
March 31, | March 31, | March 31, | |||||||||||||||||||||||||||||||||||||
% | % | % | |||||||||||||||||||||||||||||||||||||
2007 | 2006 | Change | 2007 | 2006 | Change | 2007 | 2006 | Change | |||||||||||||||||||||||||||||||
Admissions revenues
(in millions) |
$ | 197.5 | $ | 111.1 | 77.8 | % | $ | 46.5 | $ | 42.6 | 9.2 | % | $ | 244.0 | $ | 153.7 | 58.8 | % | |||||||||||||||||||||
Concession revenues
(in millions) |
$ | 95.6 | $ | 60.3 | 58.5 | % | $ | 19.5 | $ | 17.8 | 9.6 | % | $ | 115.1 | $ | 78.1 | 47.4 | % | |||||||||||||||||||||
Other revenues (in millions) (1) |
$ | 12.7 | $ | 9.3 | 36.6 | % | $ | 6.2 | $ | 4.9 | 26.5 | % | $ | 18.9 | $ | 14.2 | 33.1 | % | |||||||||||||||||||||
Total revenues (in millions) (1) |
$ | 305.8 | $ | 180.7 | 69.2 | % | $ | 72.2 | $ | 65.3 | 10.6 | % | $ | 378.0 | $ | 246.0 | 53.7 | % | |||||||||||||||||||||
Attendance (in
millions) |
34.9 | 24.6 | 41.9 | % | 14.3 | 13.9 | 2.9 | % | 49.2 | 38.5 | 27.8 | % | |||||||||||||||||||||||||||
Revenues per screen
(in dollars) (1) |
$ | 86,771 | $ | 74,470 | 16.5 | % | $ | 75,468 | $ | 71,490 | 5.6 | % | $ | 84,356 | $ | 73,653 | 14.5 | % |
(1) | U.S. operating segment revenues include eliminations of intercompany transactions with the international operating segment. See Note 15 of our condensed consolidated financial statements. |
• | Consolidated. The increase in admissions revenues of $90.3 million was attributable to a 27.8% increase in attendance from 38.5 million patrons for the first quarter of 2006 to 49.2 million patrons for the first quarter of 2007, which contributed $47.7 million, and a 24.3% increase in average ticket price from $3.99 for the first quarter of 2006 to $4.96 for the first quarter of 2007, which contributed $42.6 million. This increase included additional admissions revenues for the 77 Century theatres acquired during the fourth quarter of 2006. The increase in concession revenues of $37.0 million was attributable to the 27.8% increase in attendance, which contributed $25.7 million, and a 15.3% increase in concession revenues per patron from $2.03 for the first quarter of 2006 to $2.34 for the first quarter of 2007, which contributed $11.3 million. This increase included additional concession revenues for the 77 Century theatres acquired during the fourth quarter of 2006. The increase in attendance was primarily attributable to the additional attendance from the 77 Century theatres acquired and also due to the solid slate of films in the first quarter of 2007. The increases in average ticket price and concession revenues per patron were primarily due to the higher pricing structure at the 77 Century theatres acquired and price increases. The 33.1% increase in other revenues was primarily attributable to incremental screen advertising revenues resulting from the 77 Century theatres acquired. | |
• | U.S. The increase in admissions revenues of $86.4 million was attributable to a 41.9% increase in attendance from 24.6 million patrons for the first quarter of 2006 to 34.9 million patrons for the first quarter of 2007, which contributed $46.5 million, and a 25.3% increase in average ticket price from $4.51 for the first quarter of 2006 to $5.65 for the first quarter of 2007, which contributed $39.9 million. This increase included additional admissions revenues for the 77 Century theatres acquired during the fourth quarter of 2006. The increase in concession revenues of $35.3 million was attributable to the 41.9% increase in attendance, which contributed $25.3 million, and a 11.4% increase in concession revenues per patron from $2.45 for the first quarter of 2006 to $2.73 for the first quarter of 2007, which contributed $10.0 million. This increase included additional concession revenues for the 77 Century theatres acquired during the fourth quarter of 2006. The increase in attendance was primarily attributable to the additional attendance from the 77 Century theatres acquired and also due to the solid slate of films in the first quarter of 2007. The increases in average ticket price and concession revenues per patron were primarily due to the higher pricing structure at the 77 Century theatres acquired and price increases. The 36.6% increase in other revenues was primarily attributable to incremental screen advertising revenues resulting from the 77 Century theatres acquired. |
25
International Operating | ||||||||||||||||||||||||
U.S. Operating Segment | Segment | Consolidated | ||||||||||||||||||||||
Three Months Ended | Three Months Ended | Three Months Ended | ||||||||||||||||||||||
March 31, | March 31, | March 31, | ||||||||||||||||||||||
2007 | 2006 | 2007 | 2006 | 2007 | 2006 | |||||||||||||||||||
Film rentals and advertising |
$ | 105.5 | $ | 58.2 | $ | 22.8 | $ | 20.7 | $ | 128.3 | $ | 78.9 | ||||||||||||
Concession supplies |
12.5 | 7.6 | 5.0 | 4.4 | $ | 17.5 | $ | 12.0 | ||||||||||||||||
Salaries and wages |
34.3 | 19.2 | 5.9 | 5.3 | $ | 40.2 | $ | 24.5 | ||||||||||||||||
Facility lease expense |
39.9 | 26.0 | 11.7 | 11.1 | $ | 51.6 | $ | 37.1 | ||||||||||||||||
Utilities and other |
34.3 | 23.0 | 9.9 | 9.1 | $ | 44.2 | $ | 32.1 | ||||||||||||||||
Total theatre operating costs |
$ | 226.5 | $ | 134.0 | $ | 55.3 | $ | 50.6 | $ | 281.8 | $ | 184.6 | ||||||||||||
26
27
New | Existing | |||||||||||
Period | Theatres | Theatres | Total | |||||||||
Three Months Ended March 31, 2007 |
$ | 21.7 | $ | 10.4 | (1) | $ | 32.1 | |||||
Three Months Ended March 31, 2006 |
$ | 16.6 | $ | 11.6 | (2) | $ | 28.2 |
(1) | Includes approximately $2.7 million of expenditures related to the rollout of digital technology for NCM advertising to the Century theatres acquired. | |
(2) | Includes approximately $7.8 million of expenditures related to the rollout of digital technology for NCM advertising. |
28
December 31, | ||||||||
March 31, 2007 | 2006 | |||||||
Cinemark, Inc. 9 3/4% senior discount notes due 2014 |
$ | 444,522 | $ | 434,073 | ||||
Cinemark USA, Inc. term loan |
1,114,400 | 1,117,200 | ||||||
Cinemark USA, Inc. 9% senior subordinated notes due 2013 |
250 | 350,820 | ||||||
Other long-term debt |
8,728 | 9,560 | ||||||
Total long-term debt |
1,567,900 | 1,911,653 | ||||||
Less current portion |
14,047 | 14,259 | ||||||
Long-term debt, less current portion |
$ | 1,553,853 | $ | 1,897,394 | ||||
29
Payments Due by Period | ||||||||||||||||||||
(in millions) | ||||||||||||||||||||
Less Than | 1 - 3 | 4 - 5 | After | |||||||||||||||||
Contractual Obligations | Total | One Year | Years | Years | 5 Years | |||||||||||||||
Long-term debt 1 |
$ | 1,659.0 | $ | 14.0 | $ | 27.6 | $ | 23.2 | $ | 1,594.2 | ||||||||||
Scheduled
interest payments on long-term debt 2 |
$ | 632.4 | 69.4 | 163.9 | 236.4 | 162.7 | ||||||||||||||
Operating lease obligations |
$ | 2,002.6 | 164.9 | 333.8 | 319.2 | 1,184.7 | ||||||||||||||
Capital lease obligations |
$ | 115.0 | 3.8 | 9.1 | 10.5 | 91.6 | ||||||||||||||
Scheduled interest payments on capital leases |
$ | 115.9 | 12.3 | 23.2 | 21.1 | 59.3 | ||||||||||||||
Letters of credit |
$ | 0.1 | 0.1 | — | — | — | ||||||||||||||
Employment agreements |
$ | 6.2 | 3.1 | 3.1 | — | — | ||||||||||||||
Purchase
commitments 3 |
$ | 165.3 | 68.4 | 95.9 | 0.5 | 0.5 | ||||||||||||||
Total obligations |
$ | 4,696.5 | $ | 336.0 | $ | 656.6 | $ | 610.9 | $ | 3,093.0 | ||||||||||
1 | Includes the 93/4% senior discount notes in the aggregate principal amount at maturity of $535.6 million. | |
2 | Amounts include scheduled interest payments on fixed rate and variable rate debt agreements. Estimates for the variable rate interest payments were based on interest rates in effect on March 31, 2007. The average interest rates on our fixed rate and variable rate debt were 7.4% and 7.3%, respectively, as of March 31, 2007. | |
3 | Includes estimated capital expenditures associated with the construction of new theatres to which we were committed as of March 31, 2007. |
30
31
32
33
• | future revenues, expenses and profitability; | ||
• | the future development and expected growth of our business; | ||
• | projected capital expenditures; | ||
• | attendance at movies generally, or in any of the markets in which we operate; | ||
• | the number or diversity of popular movies released; | ||
• | our ability to successfully license and exhibit popular films; | ||
• | competition from other exhibitors; and | ||
• | determinations in lawsuits in which we are a defendant. |
34
Expected Maturity as of March 31, 2007 | ||||||||||||||||||||||||||||||||||||
(in millions) | ||||||||||||||||||||||||||||||||||||
Average | ||||||||||||||||||||||||||||||||||||
Fair | Interest | |||||||||||||||||||||||||||||||||||
2008 | 2009 | 2010 | 2011 | 2012 | Thereafter | Total | Value | Rate | ||||||||||||||||||||||||||||
Fixed rate (1) |
$ | 0.1 | $ | — | $ | — | $ | — | $ | — | $ | 1,035.8 | $ | 1,035.9 | $ | 993.1 | 7.4 | % | ||||||||||||||||||
Variable rate |
13.9 | 14.8 | 12.8 | 12.0 | 11.2 | 558.4 | 623.1 | 629.8 | 7.3 | % | ||||||||||||||||||||||||||
Total debt |
$ | 14.0 | $ | 14.8 | $ | 12.8 | $ | 12.0 | $ | 11.2 | $ | 1,594.2 | $ | 1,659.0 | $ | 1,622.9 | ||||||||||||||||||||
Expected Maturity as of December 31, 2006 | ||||||||||||||||||||||||||||||||||||
(in millions) | ||||||||||||||||||||||||||||||||||||
Average | ||||||||||||||||||||||||||||||||||||
Fair | Interest | |||||||||||||||||||||||||||||||||||
2007 | 2008 | 2009 | 2010 | 2011 | Thereafter | Total | Value | Rate | ||||||||||||||||||||||||||||
Fixed rate |
$ | 0.1 | $ | — | $ | — | $ | — | $ | — | $ | 886.4 | $ | 886.5 | $ | 812.1 | 9.5 | % | ||||||||||||||||||
Variable rate |
14.2 | 14.9 | 12.8 | 12.4 | 11.2 | 1,061.2 | 1,126.7 | 1,146.8 | 7.4 | % | ||||||||||||||||||||||||||
Total debt |
$ | 14.3 | $ | 14.9 | $ | 12.8 | $ | 12.4 | $ | 11.2 | $ | 1,947.6 | $ | 2,013.2 | $ | 1,958.9 | ||||||||||||||||||||
(1) | Includes $500.0 million of the Cinemark USA, Inc. term loan, which represents the debt hedged with the Company’s interest rate swap agreements. |
35
36
Number | Exhibit Title | |
2.1
|
Stock Contribution and Exchange Agreement, dated as of August 7, 2006, by and between Cinemark Holdings, Inc., Cinemark, Inc., Syufy Enterprises, LP and Century Theatres Holdings, LLC (incorporated by reference to Exhibit 10.2 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed August 11, 2006). | |
2.2
|
Contribution and Exchange Agreement, dated as of August 7, 2006, by and among Cinemark Holdings, Inc. and Lee Roy Mitchell, The Mitchell Special Trust, Alan W. Stock, Timothy Warner, Robert Copple, Michael Cavalier, Northwestern University, John Madigan, Quadrangle Select Partners LP, Quadrangle Capital Partners A LP, Madison Dearborn Capital Partners IV, L.P., K&E Investment Partners, LLC — 2004-B-DIF, Piola Investments Ltd., Quadrangle (Cinemark) Capital Partners LP and Quadrangle Capital Partners LP (incorporated by reference to Exhibit 10.3 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed August 11, 2006). | |
3.1
|
Second Amended and Restated Certificate of Incorporation of Cinemark Holdings, Inc. filed with the Delaware Secretary of State on April 9, 2007 (incorporated by reference to Exhibit 3.1 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
3.2(a)
|
Amended and Restated Bylaws of Cinemark Holdings, Inc., dated April 9, 2007 (incorporated by reference to Exhibit 3.2 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
3.2(b)
|
First Amendment to the Amended and Restated Bylaws of Cinemark Holdings, Inc., dated April 16, 2007 (incorporated by reference to Exhibit 3.2(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 19, 2007). | |
4.1
|
Specimen stock certificate of Cinemark Holdings, Inc. (incorporated by reference to Exhibit 4.1 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
4.2(a)
|
Indenture, dated as of March 31, 2004, between Cinemark, Inc. and The Bank of New York Trust Company, N.A. governing the 9 3/4% senior discount notes issued thereunder (incorporated by reference to Exhibit 4.2(a) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
4.2(b)
|
Form of 9 3/4% senior discount notes (contained in the indenture listed as Exhibit 4.2(a) above) (incorporated by reference to Exhibit 4.2(b) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
4.3(a)
|
Indenture, dated as of February 11, 2003, between Cinemark USA, Inc. and The Bank of New York Trust Company of Florida, N.A. governing the 9% senior subordinated notes issued thereunder (incorporated by reference to Exhibit 10.2(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 19, 2003). | |
4.3(b)
|
First Supplemental Indenture, dated as of May 7, 2003, between Cinemark USA, Inc., the subsidiary guarantors party thereto and The Bank of New York Trust Company of Florida, N.A. (incorporated by reference from Exhibit 4.2(i) to Cinemark USA, Inc.’s Registration Statement on Form S-4/A, File No. 333-104940, filed May 28, 2003). | |
4.3(c)
|
Second Supplemental Indenture dated as of November 11, 2004, between Cinemark USA, Inc., the subsidiary guarantors party thereto and The Bank of New York Trust Company of Florida, N.A. (incorporated by reference to Exhibit 4.2(c) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-047040, filed March 28, 2005). | |
4.3(d)
|
Third Supplemental Indenture, dated as of October 5, 2006, among Cinemark USA, Inc., the subsidiaries of Cinemark USA, Inc. named therein, and The Bank of New York Trust Company, N.A., as trustee (incorporated by reference to Exhibit 10.7 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed October 12, 2006). | |
4.3(e)
|
Fourth Supplemental Indenture, dated March 20, 2007, among Cinemark USA, Inc. and the subsidiaries of Cinemark USA, Inc. named therein, and the Bank of New York Trust Company, N.A. (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K, File No. 033-47040, filed by Cinemark USA, Inc. on March 26, 2007). | |
4.3(f)
|
Form of 9% Senior Subordinated Note, Due 2013 (contained in the Indenture listed as Exhibit 4.3(a) above) (incorporated by reference to Exhibit 10.2(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 19, 2003). | |
4.4
|
Stockholders Agreement, dated as of August 7, 2006, effective October 5, 2006, by and among Cinemark Holdings, Inc. and the stockholders party thereto (incorporated by reference to Exhibit 4.4 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed February 1, 2007). | |
4.5
|
Registration Agreement, dated as of August 7, 2006, effective October 5, 2006, by and among Cinemark Holdings, Inc. and the stockholders party thereto (incorporated by reference to Exhibit 4.5 to Cinemark Holdings Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed February 1, 2007). | |
4.6
|
Director Nomination Agreement, effective as of April 27, 2006, by and among Cinemark Holdings, Inc. and certain stockholders (incorporated by reference to Exhibit 10.1 to Cinemark Holdings, Inc.’s Current Report on Form 8K, File No. 001-33401, filed May 3, 2007). | |
10.1(a)
|
Management Agreement, dated December 10, 1993, between Laredo Theatre, Ltd. and Cinemark USA, Inc. (incorporated by reference to Exhibit 10.14(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1994). |
37
Number | Exhibit Title | |
10.1(b)
|
First Amendment to Management Agreement of Laredo Theatre, Ltd., effective as of December 10, 2003, between CNMK Texas Properties, Ltd. (successor in interest to Cinemark USA, Inc.) and Laredo Theatre Ltd. (incorporated by reference to Exhibit 10.1(d) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
+10.2(a)
|
Amended and Restated Agreement to Participate in Profits and Losses, dated as of March 12, 2004, between Cinemark USA, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.2(b)
|
Termination Agreement to Amended and Restated Agreement to Participate in Profits and Losses, dated as of May 3, 2007 by and between Cinemark USA, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark Holdings, Inc.’s Current Report on Form 8K, File No. 001-33401, filed May 3, 2007). | |
10.3
|
License Agreement, dated December 10, 1993, between Laredo Joint Venture and Cinemark USA, Inc. (incorporated by reference to Exhibit 10.14(c) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1994). | |
10.4(a)
|
Tax Sharing Agreement, between Cinemark USA, Inc. and Cinemark International, L.L.C. (f/k/a Cinemark II, Inc.), dated as of June 10, 1992 (incorporated by reference to Exhibit 10.22 to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1993). | |
10.4(b)
|
Tax Sharing Agreement, dated as of July 28, 1993, between Cinemark USA, Inc. and Cinemark Mexico (USA) (incorporated by reference to Exhibit 10.10 to Cinemark Mexico (USA)’s Registration Statement on Form S-4, File No. 033-72114, filed on November 24, 1993). | |
+10.5(a)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Lee Roy Mitchell (incorporated by reference to Exhibit 10.14(a) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(b)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Lee Roy Mitchell (incorporated by reference to Exhibit 10.1 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(c)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Alan Stock (incorporated by reference to Exhibit 10.14(b) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(d)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(e)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Timothy Warner (incorporated by reference to Exhibit 10.14(c) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(f)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Timothy Warner (incorporated by reference to Exhibit 10.3 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(g)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Robert Copple (incorporated by reference to Exhibit 10.14(d) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(h)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Rob Carmony (incorporated by reference to Exhibit 10.14(e) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(i)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Tandy Mitchell (incorporated by reference to Exhibit 10.14(f) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(j)
|
First Amendment to Employment Agreement, dated January 25, 2007, between Cinemark, Inc. and Robert Copple (incorporated by reference to Exhibit 10.5(j) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
10.6(a)
|
Credit Agreement, dated as of October 5, 2006, among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc., the several banks and other financial institutions or entities from time to time parties to the Agreement, Lehman Brothers Inc. and Morgan Stanley Senior Funding, Inc., as joint lead arrangers and joint bookrunners, Morgan Stanley Senior Funding, Inc., as syndication agent, BNP Paribas and General Electric Capital Corporation as co-documentation agents, and Lehman Commercial Paper Inc., as administrative agent (incorporated by reference to Exhibit 10.5 to Current Report on Form 8-K, File No. 033-47040, filed by Cinemark USA, Inc. with the SEC on October 12, 2006). | |
10.6(b)
|
First Amendment to Credit Agreement effective as of March 14, 2007 among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc., the several banks and other financial institutions or entities from time to time parties to the Agreement, Lehman Brothers Inc. and Morgan Stanley Senior Funding, Inc., as joint lead arrangers and joint bookrunners, Morgan Stanley Senior Funding, Inc., as syndication agent, BNP Paribas and General Electric Capital Corporation as co-documentation agents, and Lehman Commercial Paper Inc., as administrative agent (incorporated by reference to Exhibit 10.1 to Cinemark Inc.’s Current Report on Form 8-K, File No. 001-31372, filed on March 20, 2007). |
38
Number | Exhibit Title | |
10.6(c)
|
Guarantee and Collateral Agreement, dated as of October 5, 2006, among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc. and each subsidiary guarantor party thereto (incorporated by reference to Exhibit 10.6 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed October 12, 2006). | |
+10.7(a)
|
Cinemark Holdings, Inc. 2006 Long Term Incentive Plan, dated December 22, 2006 (incorporated by reference to Exhibit 10.7(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
+10.7(b)
|
Form of Stock Option Agreement (incorporated by reference to Exhibit 10.7(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
10.8
|
Exhibitor Services Agreement, dated as of February 13, 2007, by and between Cinemark Media, Inc. and National CineMedia, LLC (incorporated by reference to Exhibit 10.8 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed March 16, 2007). | |
10.9
|
Third Amended and Restated Limited Liability Company Operating Agreement, dated as of February 12, 2007, by and between Cinemark Media, Inc., American Multi-Cinema, Inc., Regal CineMedia, LLC and National Cine Media, Inc. (incorporated by reference to Exhibit 10.9 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed March 16, 2007). | |
10.10(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10 .10(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995 by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.10(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(c) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.10(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.10(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(e) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(a)
|
Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(c) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.11(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(d) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.11(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA. | |
10.12(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. |
39
Number | Exhibit Title | |
10.12(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.13(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.14(a)
|
Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14 at Folsom, CA. | |
10.14(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.15(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.16(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. |
40
Number | Exhibit Title | |
10.17(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.18(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(b)
|
First Amendment, dated as of October 31, 1996, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(e)
|
Fourth Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(f)
|
Fifth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.19(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.20(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.21(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. |
41
Number | Exhibit Title | |
10.21(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.22(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Sycal Properties, Inc. (succeeded by Syufy Properties, Inc.), as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.23(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.24(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.25(a)
|
Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.25(b)
|
First Amendment, dated as of April 15, 2005, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.25(c)
|
Second Amendment, dated as of September 29, 2005, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. |
42
Number | Exhibit Title | |
10.25(d)
|
Third Amendment, dated as of August 5, 2006, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.26(a)
|
Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.27(a)
|
Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(b)
|
First Amendment, dated as of April 15, 2005, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(c)
|
Second Amendment, dated as of September 29, 2005, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(d)
|
Third Amendment, dated as of August 5, 2006, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.28(a)
|
Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.29(a)
|
Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.30(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.30(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.30(c)
|
Second Amendment, dated as of September 30, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.31(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(b)
|
First Amendment, dated as of October 1, 1996, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. |
43
Number | Exhibit Title | |
10.32(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(c)
|
Second Amendment, dated as of October 1, 2001, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.33(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(b)
|
First Amendment, dated as of January 4, 1998, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(e)
|
Fourth Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(f)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.34(a)
|
Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(b)
|
First Amendment, dated as of April 30, 2003, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enter prises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.35(a)
|
Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.36(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(c)
|
Second Amendment, dated as of October 1, 2001, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(e)
|
Fourth Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. |
44
Number | Exhibit Title | |
10.36(f)
|
Fifth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.37(a)
|
Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
10.37(b)
|
First Amendment, dated as of December 1, 1998, to Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
10.37(c)
|
Second Amendment, dated as of October 4, 2006, to Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
*31.1
|
Certifications of Alan Stock, Chief Executive Officer, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
*31.2
|
Certifications of Robert Copple, Chief Financial Officer, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
*32.1
|
Certifications of Alan Stock, Chief Executive Officer, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | |
*32.2
|
Certifications of Robert Copple, Chief Financial Officer, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
* | filed herewith. | |
+ | Management contract, compensatory plan or arrangement. |
45
CINEMARK HOLDINGS, INC. | ||||
Registrant | ||||
DATE: May 15, 2007 |
||||
/s/ Alan W. Stock | ||||
Alan W. Stock | ||||
Chief Executive Officer | ||||
/s/ Robert Copple | ||||
Robert Copple | ||||
Chief Financial Officer |
46
Number | Exhibit Title | |
2.1
|
Stock Contribution and Exchange Agreement, dated as of August 7, 2006, by and between Cinemark Holdings, Inc., Cinemark, Inc., Syufy Enterprises, LP and Century Theatres Holdings, LLC (incorporated by reference to Exhibit 10.2 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed August 11, 2006). | |
2.2
|
Contribution and Exchange Agreement, dated as of August 7, 2006, by and among Cinemark Holdings, Inc. and Lee Roy Mitchell, The Mitchell Special Trust, Alan W. Stock, Timothy Warner, Robert Copple, Michael Cavalier, Northwestern University, John Madigan, Quadrangle Select Partners LP, Quadrangle Capital Partners A LP, Madison Dearborn Capital Partners IV, L.P., K&E Investment Partners, LLC — 2004-B-DIF, Piola Investments Ltd., Quadrangle (Cinemark) Capital Partners LP and Quadrangle Capital Partners LP (incorporated by reference to Exhibit 10.3 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed August 11, 2006). | |
3.1
|
Second Amended and Restated Certificate of Incorporation of Cinemark Holdings, Inc. filed with the Delaware Secretary of State on April 9, 2007 (incorporated by reference to Exhibit 3.1 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
3.2(a)
|
Amended and Restated Bylaws of Cinemark Holdings, Inc., dated April 9, 2007 (incorporated by reference to Exhibit 3.2 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
3.2(b)
|
First Amendment to the Amended and Restated Bylaws of Cinemark Holdings, Inc., dated April 16, 2007 (incorporated by reference to Exhibit 3.2(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 19, 2007). | |
4.1
|
Specimen stock certificate of Cinemark Holdings, Inc. (incorporated by reference to Exhibit 4.1 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed April 9, 2007). | |
4.2(a)
|
Indenture, dated as of March 31, 2004, between Cinemark, Inc. and The Bank of New York Trust Company, N.A. governing the 9 3/4% senior discount notes issued thereunder (incorporated by reference to Exhibit 4.2(a) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
4.2(b)
|
Form of 9 3/4% senior discount notes (contained in the indenture listed as Exhibit 4.2(a) above) (incorporated by reference to Exhibit 4.2(b) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
4.3(a)
|
Indenture, dated as of February 11, 2003, between Cinemark USA, Inc. and The Bank of New York Trust Company of Florida, N.A. governing the 9% senior subordinated notes issued thereunder (incorporated by reference to Exhibit 10.2(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 19, 2003). | |
4.3(b)
|
First Supplemental Indenture, dated as of May 7, 2003, between Cinemark USA, Inc., the subsidiary guarantors party thereto and The Bank of New York Trust Company of Florida, N.A. (incorporated by reference from Exhibit 4.2(i) to Cinemark USA, Inc.’s Registration Statement on Form S-4/A, File No. 333-104940, filed May 28, 2003). | |
4.3(c)
|
Second Supplemental Indenture dated as of November 11, 2004, between Cinemark USA, Inc., the subsidiary guarantors party thereto and The Bank of New York Trust Company of Florida, N.A. (incorporated by reference to Exhibit 4.2(c) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-047040, filed March 28, 2005). | |
4.3(d)
|
Third Supplemental Indenture, dated as of October 5, 2006, among Cinemark USA, Inc., the subsidiaries of Cinemark USA, Inc. named therein, and The Bank of New York Trust Company, N.A., as trustee (incorporated by reference to Exhibit 10.7 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed October 12, 2006). | |
4.3(e)
|
Fourth Supplemental Indenture, dated March 20, 2007, among Cinemark USA, Inc. and the subsidiaries of Cinemark USA, Inc. named therein, and the Bank of New York Trust Company, N.A. (incorporated by reference to Exhibit 4.1 to the Current Report on Form 8-K, File No. 033-47040, filed by Cinemark USA, Inc. on March 26, 2007). | |
4.3(f)
|
Form of 9% Senior Subordinated Note, Due 2013 (contained in the Indenture listed as Exhibit 4.3(a) above) (incorporated by reference to Exhibit 10.2(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 19, 2003). | |
4.4
|
Stockholders Agreement, dated as of August 7, 2006, effective October 5, 2006, by and among Cinemark Holdings, Inc. and the stockholders party thereto (incorporated by reference to Exhibit 4.4 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed February 1, 2007). | |
4.5
|
Registration Agreement, dated as of August 7, 2006, effective October 5, 2006, by and among Cinemark Holdings, Inc. and the stockholders party thereto (incorporated by reference to Exhibit 4.5 to Cinemark Holdings Inc.’s Registration Statement on Form S-1, File No. 333-140390, filed February 1, 2007). | |
4.6
|
Director Nomination Agreement, effective as of April 27, 2006, by and among Cinemark Holdings, Inc. and certain stockholders (incorporated by reference to Exhibit 10.1 to Cinemark Holdings, Inc.’s Current Report on Form 8K, File No. 001-33401, filed May 3, 2007). | |
10.1(a)
|
Management Agreement, dated December 10, 1993, between Laredo Theatre, Ltd. and Cinemark USA, Inc. (incorporated by reference to Exhibit 10.14(b) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1994). | |
Number | Exhibit Title | |
10.1(b)
|
First Amendment to Management Agreement of Laredo Theatre, Ltd., effective as of December 10, 2003, between CNMK Texas Properties, Ltd. (successor in interest to Cinemark USA, Inc.) and Laredo Theatre Ltd. (incorporated by reference to Exhibit 10.1(d) to Cinemark, Inc.’s Registration Statement on Form S-4, File No. 333-116292, filed June 8, 2004). | |
+10.2(a)
|
Amended and Restated Agreement to Participate in Profits and Losses, dated as of March 12, 2004, between Cinemark USA, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.2(b)
|
Termination Agreement to Amended and Restated Agreement to Participate in Profits and Losses, dated as of May 3, 2007 by and between Cinemark USA, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark Holdings, Inc.’s Current Report on Form 8K, File No. 001-33401, filed May 3, 2007). | |
10.3
|
License Agreement, dated December 10, 1993, between Laredo Joint Venture and Cinemark USA, Inc. (incorporated by reference to Exhibit 10.14(c) to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1994). | |
10.4(a)
|
Tax Sharing Agreement, between Cinemark USA, Inc. and Cinemark International, L.L.C. (f/k/a Cinemark II, Inc.), dated as of June 10, 1992 (incorporated by reference to Exhibit 10.22 to Cinemark USA, Inc.’s Annual Report on Form 10-K, File No. 033-47040, filed March 31, 1993). | |
10.4(b)
|
Tax Sharing Agreement, dated as of July 28, 1993, between Cinemark USA, Inc. and Cinemark Mexico (USA) (incorporated by reference to Exhibit 10.10 to Cinemark Mexico (USA)’s Registration Statement on Form S-4, File No. 033-72114, filed on November 24, 1993). | |
+10.5(a)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Lee Roy Mitchell (incorporated by reference to Exhibit 10.14(a) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(b)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Lee Roy Mitchell (incorporated by reference to Exhibit 10.1 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(c)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Alan Stock (incorporated by reference to Exhibit 10.14(b) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(d)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Alan W. Stock (incorporated by reference to Exhibit 10.2 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(e)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Timothy Warner (incorporated by reference to Exhibit 10.14(c) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(f)
|
First Amendment to Employment Agreement, effective as of December 12, 2006, by and between Cinemark, Inc. and Timothy Warner (incorporated by reference to Exhibit 10.3 to Cinemark, Inc.’s Current Report on Form 8-K, File No. 001-31372, filed December 18, 2006). | |
+10.5(g)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Robert Copple (incorporated by reference to Exhibit 10.14(d) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(h)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Rob Carmony (incorporated by reference to Exhibit 10.14(e) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(i)
|
Employment Agreement, dated as of March 12, 2004, between Cinemark, Inc. and Tandy Mitchell (incorporated by reference to Exhibit 10.14(f) to Cinemark USA, Inc.’s Quarterly Report on Form 10-Q, File No. 033-47040, filed May 14, 2004). | |
+10.5(j)
|
First Amendment to Employment Agreement, dated January 25, 2007, between Cinemark, Inc. and Robert Copple (incorporated by reference to Exhibit 10.5(j) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
10.6(a)
|
Credit Agreement, dated as of October 5, 2006, among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc., the several banks and other financial institutions or entities from time to time parties to the Agreement, Lehman Brothers Inc. and Morgan Stanley Senior Funding, Inc., as joint lead arrangers and joint bookrunners, Morgan Stanley Senior Funding, Inc., as syndication agent, BNP Paribas and General Electric Capital Corporation as co-documentation agents, and Lehman Commercial Paper Inc., as administrative agent (incorporated by reference to Exhibit 10.5 to Current Report on Form 8-K, File No. 033-47040, filed by Cinemark USA, Inc. with the SEC on October 12, 2006). | |
10.6(b)
|
First Amendment to Credit Agreement effective as of March 14, 2007 among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc., the several banks and other financial institutions or entities from time to time parties to the Agreement, Lehman Brothers Inc. and Morgan Stanley Senior Funding, Inc., as joint lead arrangers and joint bookrunners, Morgan Stanley Senior Funding, Inc., as syndication agent, BNP Paribas and General Electric Capital Corporation as co-documentation agents, and Lehman Commercial Paper Inc., as administrative agent (incorporated by reference to Exhibit 10.1 to Cinemark Inc.’s Current Report on Form 8-K, File No. 001-31372, filed on March 20, 2007). |
Number | Exhibit Title | |
10.6(c)
|
Guarantee and Collateral Agreement, dated as of October 5, 2006, among Cinemark Holdings, Inc., Cinemark, Inc., CNMK Holding, Inc., Cinemark USA, Inc. and each subsidiary guarantor party thereto (incorporated by reference to Exhibit 10.6 to Cinemark USA, Inc.’s Current Report on Form 8-K, File No. 033-47040, filed October 12, 2006). | |
+10.7(a)
|
Cinemark Holdings, Inc. 2006 Long Term Incentive Plan, dated December 22, 2006 (incorporated by reference to Exhibit 10.7(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
+10.7(b)
|
Form of Stock Option Agreement (incorporated by reference to Exhibit 10.7(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed February 1, 2007). | |
10.8
|
Exhibitor Services Agreement, dated as of February 13, 2007, by and between Cinemark Media, Inc. and National CineMedia, LLC (incorporated by reference to Exhibit 10.8 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed March 16, 2007). | |
10.9
|
Third Amended and Restated Limited Liability Company Operating Agreement, dated as of February 12, 2007, by and between Cinemark Media, Inc., American Multi-Cinema, Inc., Regal CineMedia, LLC and National Cine Media, Inc. (incorporated by reference to Exhibit 10.9 to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed March 16, 2007). | |
10.10(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10 .10(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995 by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.10(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(c) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.10(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.10(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 14, Sacramento, CA (incorporated by reference to Exhibit 10.10(e) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(a)
|
Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(a) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(b) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 20, 2007). | |
10.11(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(c) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.11(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA (incorporated by reference to Exhibit 10.11(d) to Cinemark Holdings, Inc.’s Registration Statement on Form S-1, File No 333-140390, filed April 18, 2007). | |
10.11(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Laguna 16, Elk Grove, CA. | |
10.12(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. |
Number | Exhibit Title | |
10.12(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.12(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Capitol 16, San Jose, CA. | |
10.13(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.13(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 10 Berryessa, San Jose, CA. | |
10.14(a)
|
Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14 at Folsom, CA. | |
10.14(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.14(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of December 1, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 14, Folsom, CA. | |
10.15(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.15(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Cinedome 12, Henderson, NV. | |
10.16(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. | |
10.16(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Park 12, Redwood City, CA. |
Number | Exhibit Title | |
10.17(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.17(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 8, North Hollywood, CA. | |
10.18(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(b)
|
First Amendment, dated as of October 31, 1996, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(e)
|
Fourth Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.18(f)
|
Fifth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Plaza 10, S. San Francisco, CA. | |
10.19(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.19(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Freemont, CA. | |
10.20(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.20(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 7, Newark, CA. | |
10.21(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. |
Number | Exhibit Title | |
10.21(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.21(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Cinema 16, Mountain View, CA. | |
10.22(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Sycal Properties, Inc. (succeeded by Syufy Properties, Inc.), as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.22(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinearts 5, Pleasant Hill, CA. | |
10.23(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.23(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 24, San Jose, CA. | |
10.24(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.24(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Cinedome 8, Napa, CA. | |
10.25(a)
|
Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.25(b)
|
First Amendment, dated as of April 15, 2005, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.25(c)
|
Second Amendment, dated as of September 29, 2005, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. |
Number | Exhibit Title | |
10.25(d)
|
Third Amendment, dated as of August 5, 2006, to Lease Agreement, dated as of April 10, 1998, by and between Dyer Triangle LLC, as landlord and Century Theatres, Inc., as tenant, for Century 25 Union Landing, Union City, CA. | |
10.26(a)
|
Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.26(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of March 7, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Sparks, Sparks, NV. | |
10.27(a)
|
Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(b)
|
First Amendment, dated as of April 15, 2005, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(c)
|
Second Amendment, dated as of September 29, 2005, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.27(d)
|
Third Amendment, dated as of August 5, 2006, to Lease Agreement, dated as of October 1, 1996, by and between Syufy Enterprises, L.P.(succeeded by Stadium Promenade LLC), as landlord and Century Theatres, Inc., as tenant, for Century Stadium 25, Orange, CA. | |
10.28(a)
|
Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.28(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of July 1, 1996, by and between Synm Properties Inc.(succeeded by Syufy Properties, Inc.), as landlord and Century Theatres, Inc., as tenant, Century Rio 24, Albuquerque, NM. | |
10.29(a)
|
Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.29(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 3, 1996, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century 14, Roseville, CA. | |
10.30(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.30(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.30(c)
|
Second Amendment, dated as of September 30, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of Nevada, Inc., as tenant, for Rancho Santa Fe 16, Las Vegas, NV. | |
10.31(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(b)
|
First Amendment, dated as of October 1, 1996, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. | |
10.31(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century Stadium 16, Ventura, CA. |
Number | Exhibit Title | |
10.32(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(c)
|
Second Amendment, dated as of October 1, 2001, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.32(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Northridge 14, Salinas, CA. | |
10.33(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(b)
|
First Amendment, dated as of January 4, 1998, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(c)
|
Second Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(e)
|
Fourth Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.33(f)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syut Enterprises, L.P.(succeeded by Syufy Enterprises, L.P.), as landlord and Century Theatres of Utah, Inc., as tenant, for Century 16, Salt Lake City, UT (parking facility lease). | |
10.34(a)
|
Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(b)
|
First Amendment, dated as of April 30, 2003, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(c)
|
Second Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(d)
|
Third Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enter prises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.34(e)
|
Fourth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of April 17, 1998, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Larkspur, Larkspur, CA. | |
10.35(a)
|
Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(b)
|
First Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(c)
|
Second Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.35(d)
|
Third Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of August 1, 1997, by and between Syufy Enterprises, L.P., as landlord and Century Theatres, Inc., as tenant, for Century Park Lane 16, Reno, NV. | |
10.36(a)
|
Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(b)
|
First Amendment, dated as of September 1, 2000, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(c)
|
Second Amendment, dated as of October 1, 2001, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(d)
|
Third Amendment, dated as of April 15, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.36(e)
|
Fourth Amendment, dated as of September 29, 2005, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. |
Number | Exhibit Title | |
10.36(f)
|
Fifth Amendment, dated as of August 7, 2006, to Indenture of Lease, dated as of September 30, 1995, by and between Syufy Enterprises, L.P., as landlord and Century Theatres of California, Inc., as tenant, for Century 16, Sacramento, CA. | |
10.37(a)
|
Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
10.37(b)
|
First Amendment, dated as of December 1, 1998, to Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
10.37(c)
|
Second Amendment, dated as of October 4, 2006, to Lease Agreement, dated as of October 31, 1997, by and between Sycal Properties, Inc. (succeeded by 150 Pelican LLC), as landlord and Century Theatres, Inc., as tenant, for office building situated at 150 Pelican Way, San Rafael, CA. | |
*31.1
|
Certifications of Alan Stock, Chief Executive Officer, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
*31.2
|
Certifications of Robert Copple, Chief Financial Officer, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
*32.1
|
Certifications of Alan Stock, Chief Executive Officer, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | |
*32.2
|
Certifications of Robert Copple, Chief Financial Officer, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
* | filed herewith. | |
+ | Management contract, compensatory plan or arrangement. |