EXHIBIT 10.73
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENT
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This Amendment No. 1 to Securities Purchase Agreement (this
"Amendment"), dated April 29, 2003, is made by and among iBIZ Technology Corp.,
a Florida corporation with its headquarters located at 0000 Xxxx Xxxx Xxxxxx
Xxxxx, Xxxxxxx, Xxxxxxx 00000 (the "Company") and AJW Partners, LLC, AJW
Offshore, Ltd. and AJW Qualified Partners, LLC (collectively, the "Investors").
WHEREAS:
The Company and the Investors are parties to that certain Securities
Purchase Agreement, dated January 31, 2003 (the "Securities Purchase
Agreement"), and certain related documents; and
The Company and the Investors desire to amend the Securities Purchase
Agreement as set forth below.
NOW, THEREFORE, the Company and the Investors hereby agree as
follows:
1. AMENDMENT. The Company and the Investors hereby agree to amend Section
4(l) of the Securities Purchase Agreement to provide as follows:
"l. SUBSEQUENT INVESTMENT. The Company and the Buyers agree
that, upon filing by the Company of the Registration Statement to be filed
pursuant to the Registration Rights Agreement (the "Filing Date"), the Buyers
shall purchase additional debentures ("Filing Debentures") in the aggregate
principal amount of One Hundred Thousand Dollars ($100,000) and additional
warrants (the "Filing Warrants") to purchase an aggregate of 500,000 shares of
Common Stock, for an aggregate purchase price of One Hundred Thousand Dollars
($100,000), with the closing of such purchase to occur within ten (10) days of
the Filing Date; provided, however, that the obligation of each Buyer to
purchase the Filing Debentures and the Filing Warrants is subject to the
satisfaction, at or before the closing of such purchase and sale, of the
conditions set forth in Section 7. The Company and the Buyers further agree
that, upon the declaration of effectiveness of the Registration Statement to be
filed pursuant to the Registration Rights Agreement (the "Effective Date"), the
Buyers shall purchase additional debentures (the "Effectiveness Debentures" and,
collectively with the Filing Debentures, the "Additional Debentures") in the
aggregate principal amount of One Hundred Thousand Dollars ($100,000) and
additional warrants (the "Effectiveness Warrants" and, collectively with the
Filing Warrants, the "Additional Warrants") to purchase an aggregate of 500,000
shares of Common Stock, for an aggregate purchase price of One Hundred Thousand
Dollars ($100,000), with the closing of such purchase to occur within five (5)
days of the Effective Date; provided, however, that the obligation of each Buyer
to purchase the Effectiveness Debentures and the Effectiveness Warrants is
subject to the satisfaction, at or before the closing of such purchase and sale,
of the conditions set forth in Section 7; and, provided, further, that there
shall not have been a Material Adverse Effect as of such effective date. The
terms of the Additional Debentures and the Additional Warrants shall be
identical to the terms of the Debentures and Warrants, as the case may be, to be
issued on the Closing Date. The Common Stock underlying the Additional
Debentures and the Additional Warrants shall be Registrable Securities (as
defined in the Registration Rights Agreement) and shall be included in the
Registration Statement to be filed pursuant to the Registration Rights
Agreement."
2. NO OTHER PROVISIONS OR DOCUMENTS AFFECTED HEREBY. This Amendment does
not affect any other provisions of the Securities Purchase Agreement or
the provisions of any other document entered into in connection with
the transactions set forth therein.
[Signatures on the Following Page]
2
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the date first written above.
IBIZ TECHNOLOGY CORP.
/s/ Xxxxxxx X. Xxxxxxxxx
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Xxxxxxx X. Xxxxxxxxx
President and Chief Executive Officer
AJW PARTNERS, LLC
By: SMS Group, LLC
/s/ Xxxxx X. Xxxxxxxx
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Xxxxx X. Xxxxxxxx
Manager
AJW OFFSHORE, LTD.
By: First Street Manager II, LLC
/s/ Corety X. Xxxxxxxx
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Xxxxx X. Xxxxxxxx
Manager
AJW QUALIFIED, LLC
By: AJW Manager, LLC
/s/ Xxxxx X. Xxxxxxxx
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Xxxxx X. Xxxxxxxx
Manager
