AMENDMENT TO AGREEMENT AND PLAN OF MERGER Among GLOBAL CROSSING LIMITED, GC CRYSTAL ACQUISITION, INC. and IMPSAT FIBER NETWORKS, INC. Dated as of February 22, 2007
Exhibit
2.1
AMENDMENT
TO
Among
GLOBAL
CROSSING LIMITED,
GC
CRYSTAL ACQUISITION, INC.
and
IMPSAT
FIBER NETWORKS, INC.
Dated
as of February 22, 2007
WHEREAS,
IMPSAT Fiber Networks, Inc., a Delaware corporation, Global Crossing Limited,
a
Bermuda corporation and GC Crystal Acquisition, Inc., a Delaware corporation,
entered into an Agreement and Plan of Merger, dated as of October 25, 2006,
(the
“Merger
Agreement”).
WHEREAS,
pursuant to Section 9.8 of the Merger Agreement, the parties desire to amend
the
Merger Agreement on the terms and conditions set forth herein.
NOW,
THEREFORE, in consideration of the mutual agreements herein, and for other
good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree to amend the Merger Agreement as
follows:
1. |
Section
7.1(b) of the Merger Agreement is hereby amended by replacing the
words
“February 22, 2007” with “March 15,
2007.”
|
2. |
Section
7.1(b)(1)(i) of the Merger Agreement is hereby amended by replacing
the
words “March 26, 2007” with “April 16,
2007.”
|
3. |
Section
7.1(b)(2)(i) of the Merger Agreement is hereby amended by replacing
the
words “March 26, 2007” with “April 16,
2007.”
|
4. |
Except
as expressly modified herein, the Merger Agreement remains in full
force
and effect.
|
IN
WITNESS WHEREOF, the parties have duly executed this amendment to the Merger
Agreement as of the date first above written.
|
IMPSAT
Fiber Networks, Inc.
|
|
By:
|
/s/ Xxxxxx X. Xxxxxx | |
Name:
Xxxxxx
X. Xxxxxx
|
||
Title:
Chief
Financial Officer
|
||
Global
Crossing Limited
|
||
By:
|
/s/ Xxxxxxxx Xxxxxx | |
Name:
Xxxxxxxx
Xxxxxx
|
||
Title:
Senior
Vice President
|
||
GC
Crystal Acquisition, Inc.
|
||
By:
|
/s/ Xxxxxxxx Xxxxxx | |
Name:
Xxxxxxxx
Xxxxxx
|
||
Title:
Vice
President
|