EXHIBIT 10.42
MAXIM GROUP
September 15, 2005
Xx. Xxxxx Xxxxxxxx
President
XStream Beverage Network, Inc.
0000 XX 00xx Xxxxxx
Xx. Xxxxxxxxxx, XX 00000
Gentlemen:
This is Addendum No. 2 to the advisory agreement dated April 25, 2005, by and
between XStream Beverage Network, Inc. and Maxim Group LLC (the "Agreement").
The parties agree that the Agreement is amended as set forth in this Addendum.
Terms used in this Addendum with the initial letter capitalized which are not
otherwise defined will have the meaning given to such terms in the Agreement.
Except as specifically amended in this Addendum, the Agreement will remain in
full force and effect in accordance with its terms.
1. Section 3(b) of the agreement shall be amended and restated in its entirety
to read as follows:
"The Company shall pay to Maxim a monthly fee of $5,000 per month beginning one
month after the execution of this Agreement and at the beginning of each month
thereafter while this Agreement is in effect. Such monthly fee shall increase to
$10,000 per month at the beginning of September 2005.
The Company shall also issue to Maxim 300,000 shares of common stock of the
Company, which shall
have unlimited "piggy-back" registration rights."
2. Effective Date. This Addendum is effective as of September 15, 2005.
Very truly yours,
Maxim Group LLC.
By: /s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
Managing Director
By: /s/ Xxxxxxx X. Xxxxxx
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Xxxxxxx X. Xxxxxx
Director of Investment Banking
Agreed to and accepted:
XStream Beverage work, Inc.
By: /s/
--------------------------
Xxxxx Xxxxxxxx
President
