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Exhibit 2.2
AMENDMENT TO AGREEMENT AND PLAN OF MERGER
This Amendment to Agreement and Plan of Merger ("Amendment") is entered
into as of February 1, 2000 by and among AT&T Corp. ("Parent"), a New York
corporation, AT&T Latin America Corp. ("RV"), a Delaware corporation (formerly
named Kiri Inc.), Frantis, Inc.("Merger Sub"), a Delaware corporation, and
FirstCom Corporation (the "Company"), a Texas Corporation.
RECITALS
A. Parent, RV, Merger Sub and the Company have entered into an Agreement
and Plan of Merger, dated as of November 1, 1999 (the "Merger Agreement").
B. Each of Parent and the Company desire to extend the date on which either
of them may terminate the Merger Agreement.
NOW, THEREFORE, the parties agree as follows:
1. DEFINED TERMS. Capitalized terms used herein without definition shall
have the respective meanings ascribed to them in the Merger Agreement.
2. EXTENSION OF DATE. The date of April 30, 2000 appearing in clause (i)
of Section 6.1(b) of the Merger Agreement is hereby amended to read "May 31,
2000."
3. NO OTHER AMENDMENT OR MODIFICATION. The Merger Agreement shall remain
in full force and effect except as expressly amended or modified hereby.
4. COUNTERPARTS. This Amendment may be executed by one or more of the
parties hereto on any number of separate counterparts, and all of such
counterparts taken together shall be deemed to constitute one and the same
instrument.
5. EFFECTIVENESS. This Amendment shall be effective only upon execution
and delivery by each of the parties hereto.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
as of the date first written above.
AT&T Corp.
By: /s/ XXXX X. XXXXX
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Name: Xxxx X. Xxxxx
Title: Vice President
AT&T Latin America Corp.
By: /s/ XXXX X. XXXXX
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Name: Xxxx X. Xxxxx
Title: Vice President
Frantis, Inc.
By: /s/ XXXX XXXXXXXX
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Name: Xxxx XxXxxxxx
Title: President
FirstCom Corporation
By: /s/ XXXXXXXX X. NORTHLAND
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Name: Xxxxxxxx X. Northland
Title: President and Chief Executive
Officer
