FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND PRELIMINARY ESCROW INSTRUCTIONS
Exhibit
10.8.1
FIRST
AMENDMENT TO
AND
PRELIMINARY ESCROW INSTRUCTIONS
[Portion
of DiCon Fiberoptics Inc. Land, Regatta Boulevard, Richmond,
California]
This
First Amendment to Purchase and Sale Agreement and Preliminary Escrow
Instructions (the “First
Amendment”)
is
entered into as of March 1, 2004, between DICON FIBEROPTICS, INC., a California
corporation (“Seller”)
and
PULTE HOME CORPORATION, a Michigan corporation (“Buyer”).
RECITALS
| A. |
Seller
and Buyer entered into a Purchase and Sale Agreement and Preliminary
Escrow Instructions as of February 27,
2004 (the “Agreement”).
|
| B. |
Seller
and Buyer desire to amend the Agreement as provided in this First
Amendment.
|
The
parties agree as follows:
Agreement.
| 1. |
Section
3.5 of the Agreement is hereby amended by substituting the date “August
26, 2004” for the date “April 26,
2004”.
|
| 2. |
Except
as amended by this First Amendment, all terms, conditions and provisions
of the Agreement shall remain in full force and
effect.
|
IN
WITNESS HEREOF, the
parties hereto have executed this First Amendment as of the date first above
written.
|
Seller:
|
Buyer:
|
|
DICON
FIBEROPTICS, INC.,
|
PULTE
HOME CORPORATION
|
|
a
California corporation
|
a
Michigan corporation
|
|
By: /s/
Ho-Xxxxx Xxx
|
By:
/s/ J. Xxxxxx Xxxxxxxx
|
|
Name:
Ho-Xxxxx
Xxx, Ph.D.
|
Name:
J.
Xxxxxx Xxxxxxxx
|
|
Its:
President & CEO
|
Its:
Division
President
|
1
Acceptance
by Escrow Holder
CHICAGO
TITLE COMPANY hereby acknowledges that it has received originally executed
counterparts or a fully executed original of the foregoing First Amendment
to
Purchase and Sale Agreement and Preliminary Escrow Instructions and agrees
to
act as Escrow Agent thereunder and to be bound by and perform the terms thereof
as such terms apply to Escrow Agent.
CHICAGO
TITLE COMPANY
By:
/s/
Xxxxxxx Xxxxxxx
Name:
Xxxxxxx Xxxxxxx
Its:
AVP
Date
of
Execution:
3/1/04
2
