Exhibit 10.1(b)
AMENDMENT NO. 1 TO
ASSET PURCHASE AGREEMENT
This Amendment No. 1 to that certain Asset Purchase Agreement (the
"Agreement") dated as of January 9, 1995 by and between Monetary Management
Corp. ("Purchaser"), Happy's Check Cashing (the "Company"), Chase Money Loan,
Inc. ("CML") and Xxxxxx Xxxxx ("Xxxxx") is dated as of the 20th day of February
1995.
WHEREAS, the parties hereto executed and delivered the Agreement in
connection with the acquisition of the Assets utilized in the operation of the
Stores (both as defined in the Agreement).
WHEREAS, the parties to the Agreement now wish to amend certain
terms and provisions of the Agreement.
NOW THEREFORE, intending to be legally bound hereby, the parties to
the Agreement hereby agree as follows: (All capitalized terms utilized but not
defined herein shall have the meaning ascribed thereto in the Agreement.)
1. Exhibit A to the Agreement (i.e. the Judgment Note) is amended
and revised to read in its entirety in the form attached hereto.
2. Notwithstanding anything to the contrary contained in Section
1.5, Section 2 and/or Section 14 of the Agreement, the parties hereby agree as
follows:
a. As to Store No. 7, Xxxxx and Purchaser shall enter into a
lease as described in Section 14 except that, in addition to the described
terms, for the initial one (1) year period of the lease, Purchaser shall have
the right to terminate the lease, without liability, upon thirty (30) days
written notice to Xxxxx.
b. As to Store No. 15, Xxxxx and Purchaser have prepared a
list of improvements, which is attached hereto and incorporated herein by
referenced, to be made to the subject property on or before May 22, 1995. If
such improvements/renovations are not made to Purchaser's reasonable
satisfaction by such date, Purchaser shall have the right to terminate such
lease.
c. In the event that, with regard to Store Xx. 0 xxx/xx Xxxxx
Xx. 00, Xxxxxxxxx exercises its termination option, Xxxxx shall not rent either
or both of such Stores to an entity or person intending to transact the business
of check cashing, money transfer, welfare distribution or pawn.
3. Notwithstanding anything to the contrary contained in the
Agreement, the parties agree that Purchaser shall not assume Seller's lease
regarding Store No. 29 and shall not acquire the Personal Property located at
that Store and used in the operation of that Store. Seller shall be free to sell
such Personal Property to a third party.
4. If within a period of two (2) years from the date hereof,
Purchaser decides to sell and/or lease pagers at some or all of the Stores, it
will attempt in good faith to negotiate a mutually acceptable business
arrangement with Seller regarding such business. If such negotiations fail,
Purchaser shall be free to execute an agreement regarding such matters with a
third party.
5. Other than as set forth herein, the Agreement is ratified and
confirmed and remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1
intending to be legally bound hereby.
MONETARY MANAGEMENT CORP.
By: /s/ Xxxxxx Xxxxxxxx
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Xxxxxx Xxxxxxxx, Executive Vice President
HAPPY'S CHECK CASHING, A SOLE
PROPRIETORSHIP
By: /s/ Xxxxxx Xxxxx
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Xxxxxx Xxxxx, Sole Proprietor
CHASE MONEY LOAN, INC.
By: /s/ Xxxxxx Xxxxx
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Xxxxxx Xxxxx, President
XXXXXX XXXXX, AN INDIVIDUAL
/s/ Xxxxxx Xxxxx
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XXXXXX XXXXX, WIFE OF XXXXXX XXXXX
/s/ Xxxxxx Xxxxx
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