FOURTH AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Exhibit 10.1
FOURTH
AMENDMENT TO AGREEMENT AND PLAN OF MERGER
This
Fourth Amendment to Agreement and Plan of Merger is made and entered into as
of
the 20th
day of
March 2007, by and between BIOSTEM, INC., a Nevada Corporation, BIOSTEM
ACQUISITION COMPANY, INC., a Delaware Corporation and CRYOBANKS INTERNATIONAL,
INC., a Delaware Corporation.
Reference
is made to that certain Agreement and plan of Merger dated 21 November, 2005,
by
and among the parties hereto and particularly to Section 7.01(c) thereof which
the parties hereto now wish to amend.
The
parties hereto agree to amend said Section 7.01(c) by changing the date March
1,
2006 therein, which was previously amended to March 31, 2007, to the date June
30, 2007.
In
Witness Whereof the parties hereto have executed this Second Amendment as of
the
date set forth herein above.
BIOSTEM,
INC CRYOBANKS
INTERNATIONAL, INC
By:
/s/ Xxxx Xxxxxxxx By: /s/
Xxxxxx Xxxxxxxxxx
Xxxx
Xxxxxxxx Xxxxxx
Xxxxxxxxxx
BIOSTEM
ACQUISITION COMPANY, INC
By:
/s/ Xxxx Xxxxxxxx
Xxxx
Xxxxxxxx