AMENDMENT TO COMMON STOCK PURCHASE AGREEMENT
AMENDMENT TO COMMON STOCK PURCHASE AGREEMENT
This AMENDMENT TO COMMON STOCK PURCHASE AGREEMENT (this “Amendment”) is dated as of March 28, 2001 by and between Earthshell Corporation, a Delaware corporation (the “Company”) and Acqua Wellington North American Equities Fund, Ltd., a company organized under the laws of the Commonwealth of The Bahamas (the “Purchaser”).
WHEREAS, the Company and the Purchaser are parties to a Common Stock Purchase Agreement dated as of May 3, 2000 (the "Agreement"); and
NOW, THEREFORE, BE IT RESOLVED, the parties hereto agree as follows:
1. Section 1.1 (1) of the Agreement is hereby amended by deleting the section in its entirety and substituting in lieu thereof the following Section 1.1 (1):
“1.1 (1) “Registration Statement” shall mean the registration statement on Form S-3, Commission File 333-33752 and 333-52256 under the Securities Act, filed with the Securities and Exchange Commission registration of Shares, as such Registration Statement may be amended from time to time.”
2. Section 7.1 of the Agreement is hereby amended by deleting the section in its entirety and substituting in lieu thereof the following Section 7.1:
"7.1 Termination by Mutual Consent. The term of this Agreement shall be twenty-seven (27) months from the Closing Date. This agreement may be terminated at any time by mutual consent of the parties."
3. In all other respects, the terms and provisions of the Agreement are hereby ratified and confirmed in all respects and shall continue in full force and effect throughout the extended term of the Agreement.
EARTHSHELL CORPORATION /s/ D. XXXXX XXXXXXX By: ____________________________ Name: D. Xxxxx Xxxxxxx Title: Chief Financial Officer ACQUA WELLINGTON NORTH AMERICAN EQUITIES FUND, LTD. /s/ XXXXXXX XXXXXXX By: _____________________________ Name: Xxxxxxx Xxxxxxx Title:Vice President