THIRD AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS
Exhibit 10.1
THIRD AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT
ESCROW INSTRUCTIONS
ESCROW INSTRUCTIONS
This Third Amendment to Agreement of Purchase and Sale and Joint Escrow Instructions (this
“Third Amendment”) is entered into by CENTURY PROPERTIES HENDERSON 18 LLC, a Nevada limited
liability company (“Buyer”), and PIONEER AMERICAS LLC, a Delaware limited liability company, as
successor to Pioneer Chlor Alkali Company Inc. (“Seller”), effective June 30, 2006.
RECITALS:
X. Xxxxxxx Properties, LLC, a Nevada limited liability company (“Xxxxxxx”), and Seller
executed an Agreement of Purchase and Sale and Joint Escrow Instructions (“Purchase and Sale
Agreement”) effective as of June 3, 2005; and,
B. By an Assignment And First Amendment To Agreement Of Purchase And Sale And Joint Escrow
Instructions effective as of effective October 31, 2005, Xxxxxxx assigned its right, title and
interest under the Purchase and Sale Agreement to CENTURY STEEL, INC., a Nevada corporation
(“Century Steel”); and,
C. By a Second Assignment and Second Amendment to Agreement of Purchase and Sale and Joint
Escrow Instructions, Century Steel assigned its right, title and interest under the Purchase and
Sale Agreement to Buyer; and,
D. Buyer and Seller wish to amend the Purchase and Sale Agreement.
NOW, THEREFORE, Buyer and Seller agree as follows:
The last two sentences of Section 9(b) of the Purchase and Sale Agreement shall be replaced
with the following sentence:
The Closing shall be extended to July 7, 2006.
The parties may sign this Agreement in counterparts. The signature pages from the
counterparts may be attached to one counterpart to form a single document.
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Exhibit 10.1
SAVE AND EXCEPT as amended by this Agreement, the Purchase and Sale Agreement remains unmodified
and in full force and effect
SELLER: | BUYER: | |||||
PIONEER AMERICAS LLC, a Delaware limited liability company, as successor to Pioneer Chlor Alkali Company Inc. |
CENTURY PROPERTIES HENDERSON 18 LLC, a Nevada limited liability company |
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By: | /s/ Xxxx X. Xxxxx | |||||
Xxxx X. Xxxxx | ||||||
By:
|
/s/ Xxxxxxx X. XxXxxxxx | Its Manager | ||||
Xxxxxxx X. XxXxxxxx | ||||||
Its President and CEO |
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