Amendment No. 1 to the Purchase and Strategic Relationship Agreement Dated January 31, 2007 Between And SENERGY, LTD.
Amendment
No. 1
to
the
Dated
January
31, 2007
Between
And
SENERGY,
LTD.
WHEREAS,
the Purchase and Strategic Relationship Agreement (the “Agreement”) received all
necessary approvals and was executed on January 28, 2007; however, the parties
having agreed that the Agreement should be revised in certain sections to
correct minor errors and to clarify the intentions of the parties, the Agreement
is amended as follows:
In
the
PREAMBLE:
“limited
liability company” is hereby changed to “Delaware corporation”.
In
Section 1(d):
June
31,
2007 is hereby changed to June 30, 2007.
In
Section 2:
“as
determined by an independent public accountant” is hereby inserted before the
comma in the chart section referencing Senergy’s Average Annual Net
Profit.
Section
7(d):
is
hereby
deleted in its entirety.
Section
8:
the
paragraph beginning with “Any notice required…” is hereby renumbered as
8.1.
Section
7.2 appearing on the fifth page of the Agreement is hereby renumbered as
8.2.
Section
7.3 appearing on the fifth page of the Agreement is hereby renumbered as
8.3.
Section
7.4 appearing on the fifth page of the Agreement is hereby renumbered as
8.4.
Section
7.5 appearing on the fifth page of the Agreement is hereby renumbered as
8.5.
Section
7.6 appearing on the fifth page of the Agreement is hereby renumbered as
8.6.
Section
7.7 appearing on the fifth page of the Agreement is hereby renumbered as
8.7.
Section
8. Due Diligence, appearing on the fifth page of the Agreement, is hereby
deleted in its entirety.
In
renumbered Section 8.3:
“and
the
promissory notes issued in accordance herewith and any amendment entered into
with regard hereto” is hereby inserted after “This Agreement”.
COUNTERPARTS.
This
First Amendment to the Purchase and Strategic Relationship Agreement may be
executed in one or more counterparts, each of which shall be deemed to be an
original copy of this Agreement, and all of which, when taken together, shall
be
deemed to constitute one and the same agreement. The
Agreement remains in full force and effect except as specifically modified
hereby.
This
Amendment is effective as of January 31, 2007.
FOR
DCI
USA, INC.
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Chief
Executive Officer
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FOR
SENERGY, LTD.:
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BY
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▇▇▇▇▇ AS ESCROW AGENT:
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▇▇▇▇
▇▇▇▇▇, Adv.
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