1
EXHIBIT 2.3a
AMENDMENT NO. 1
TO THE
AMENDED AND RESTATED STOCK PURCHASE AGREEMENT
This AMENDMENT NO. 1 TO THE AMENDED AND RESTATED STOCK PURCHASE
AGREEMENT (the "Agreement"), dated as of April 30, 1998, is made as of May 27,
1998 by and among SUPERSHUTTLE INTERNATIONAL, INC., a Delaware corporation
("SuperShuttle"); AAA WHEELCHAIR WAGON SERVICES, INC., a Florida corporation
("AAA"); WHEELCHAIR AMBULANCE OF HOLLYWOOD, INC., a Florida corporation
("Wheelchair Ambulance"); LIMOUSINES OF SOUTH FLORIDA, INC., a Florida
corporation ("LSF"); A1A SNOWBIRD LEASING, INC., a Florida corporation
("Snowbird"); and Xxxxx Xxxxxx (the "Shareholder").
Section 5.2(a) of the Agreement is hereby amended and restated in its
entirety as follows:
(a) The Share Exchange shall be rescinded automatically without further
notice (the "Recision") upon the occurrence of any of the following
events: (i) if SuperShuttle does not file a registration statement for
an initial public offering on Form S-1 with the SEC by June 8, 1998 to
register for sale shares of SuperShuttle Common Stock; (ii) if the SEC
does not declare such registration statement effective by July 31,
1998; or (iii) if the underwritten initial registration statement for
an initial public offering on a firm commitment basis does not close by
August 10, 1998, providing a per share offering price to the public of
at least $6.50.
IN WITNESS WHEREOF, SuperShuttle, AAA, Wheelchair Ambulance, LSF, Snowbird and
the Shareholder have caused this Amendment No. 1 to be executed on the date
first written above by their respective officers thereunder duly authorized.
SUPERSHUTTLE INTERNATIONAL, INC.,
a Delaware corporation
By: /s/ Xxxxxx X. XxXxx
--------------------------------------------
Xxxxxx X. XxXxx, Chief Financial Officer
AAA WHEELCHAIR WAGON SERVICES,
INC., a Florida corporation
By: /s/ Xxxxx Xxxxxx
--------------------------------------------
Xxxxx Xxxxxx, President
2
WHEELCHAIR AMBULANCE OF
HOLLYWOOD, INC., a Florida corporation
By: /s/ Xxxxx Xxxxxx
--------------------------------------------
Xxxxx Xxxxxx, President
LIMOUSINES OF SOUTH FLORIDA, INC.,
a Florida corporation
By: /s/ Xxxxx Xxxxxx
--------------------------------------------
Xxxxx Xxxxxx, President
A1A SNOWBIRD LEASING, INC.,
a Florida corporation
By: /s/ Xxxxx Xxxxxx
--------------------------------------------
Xxxxx Xxxxxx, President
SHAREHOLDER
/s/ Xxxxx Xxxxxx
-----------------------------------------------
Xxxxx Xxxxxx
