AMENDMENT TO AGREEMENT
EXHIBIT 10.33.2
Xxxxxxx Xxxxx Private Equity Fund I LP, Xxxxxxx Xxxxx Private Equity Fund II LP, Xxxxxxx Xxxxx Specialty Group, LLC, Xxxxx Xxxxxxxxx Partners LP and NuVim, Inc. agree to further amend their December 31, 2004 agreement, as previously amended on March 28, 2005, as follows:
The reference to a $12 million offering of units of consisting of four shares of common stock, four Class A Warrants and four Class B Warrants at an initial public offering price of $12 is hereby changed, modified and amended to refer to an $8.1 million offering of 2,700,000 units consisting of one share of common stock, one Class A warrant and one B Class B warrant at an initial public offering price of $3.00.
The reference in the agreement to a closing date of April 30, 2005 is hereby changed, modified and amended to refer to a close date of May 31, 2005.
The remainder of the December 31, 2004 agreement, as previously amended on March 28, 2005, remains in full force and effect.
Dated this 2nd day of May, 2005.
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XXXXXXX XXXXX PRIVATE EQUITY FUND I LP |
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XXXXXXX XXXXX PRIVATE EQUITY FUND II LP |
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By: /s/ XXXXXXX X. XXXXXXXXX |
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By: /s/ XXXXXXX X. XXXXXXXXX |
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Print Name and Title: |
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Print Name and Title: |
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XXXXXXX XXXXX SPECIALTY GROUP LLC |
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XXXXX XXXXXXXXX PARTNERS LP |
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By: /s/ XXXXXX X. XXXXXX |
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By: /s/ XXXXX XXXXXXXXX |
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Print Name and Title: |
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Print Name and Title: |
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NUVIM, INC. |
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By: /s/ XXXXXXX X. XXXXXXX |
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Print Name and Title: Xxxxxxx X. Xxxxxxx |
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Chairman and Chief Executive Officer |
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