EXHIBIT 10.9
AMENDMENT NUMBER ONE TO
RESTRICTED STOCK PURCHASE AGREEMENT
This Amendment Number One to the Restricted Stock Purchase Agreement (the
"Amendment"), is made and entered into effective as of May 12, 1999, by and
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between XXXxXXXX.xxx, Inc., a Delaware corporation (the "Company") and Carina
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Schaldach (the "Purchaser").
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RECITALS
WHEREAS, the Company and the Purchaser desire to amend the Restricted Stock
Purchase Agreement, dated as of May 12, 1999 (the "Agreement"), by and between
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the Company and the Purchaser, in order to correct certain typographical and
other errors contained therein.
NOW THEREFORE, the parties hereto agree as follows:
1.
DEFINITIONS
a. Definitions - The capitalized terms used in this Amendment and not
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otherwise defined herein shall have the meanings set forth in the
Agreement.
2.
AMENDMENT OF AGREEMENT
a. Payment of Purchase Price - Section 2 of the Agreement is hereby
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amended by deleting "a check or wire transfer" and inserting, in lieu
thereof "a check in the amount of $387.28 and a promissory note in the
amount of $77,069.32."
b. Purchase Price for Repurchase Option - Section 4(1) of the Agree ment
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is hereby amended by deleting "($0.05)" and inserting, in lieu thereof
"($0.20)".
3.
MISCELLANEOUS PROVISIONS
a. Effect of Amendment - Except as expressly modified by this Amendment,
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the Agreement shall continue to be and remain in full force and effect
in accordance with its terms. Any future reference to the Agreement
shall be deemed to be a reference to the Agreement as modified by this
Amendment.
b. Multiple Counterparts. This Amendment may be executed in one or more
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counterparts, each of which shall be deemed an original, with the same
effect as if signatures thereto and hereto were upon the same
instrument.
* * * * *
IN WITNESS WHEREOF, the Company and the Purchaser have duly executed this
Amendment as of the day and year first set forth above.
XXXxXXXX.xxx, Inc., PURCHASER: Xxxxxx Xxxxxxxxx
a Delaware corporation
/s/ Xxxxxx Xxxxxxxxx
BY: /s/ Xxx XxXxxxxx ---------------------------------------
--------------------------- (Signature)
Name: Xxx XxXxxxxx
Title: CEO 000 X. Xxxxxx Xxx
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(Xxxxxxx)
Xxxxxx Xxxxx, XX 00000
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