Exhibit 10.5
Asset Purchase Agreement dated March 1, 1996 among Great Lakes Home Medical,
Inc., Xxxxxxx X. Xxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxxxx and Life Critical Care,
as amended
FOURTH AMENDMENT
TO
ASSET PURCHASE AGREEMENT
THIS FOURTH AMENDMENT TO ASSET PURCHASE AGREEMENT (this "Amendment") is
executed this ___ day of January, 1997 to be made effective as of the 24th day
of January, 1997, by and among Great Lakes Home Medical, Inc., Xxxxxxx X.
Xxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxxxx and Life Critical Care Corporation.
RECITALS
The parties are parties to an Asset Purchase Agreement among them dated
March 1, 1996, as amended by a First Amendment to Asset Purchase Agreement dated
June 24, 1996, as further amended by a Second Amendment to Asset Purchase
Agreement dated September 20, 1996, and as further amended by a Third Amendment
to Asset Purchase Agreement dated as of December 18, 1996 (as amended, the
"Agreement") and desire to amend the Agreement as set forth herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF the mutual entry into this
Amendment by the parties hereto, and for other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged by each party hereto,
the parties hereto hereby agree as follows:
Section 1. Amendment of Agreement. The provisions of the Agreement are
hereby amended as follows:
(a) Section 1.1 of the Agreement is hereby amended by deleting the date
"January 31, 1997" as it appears in the third line thereof and by inserting in
lieu thereof the date "February 28, 1997."
(b) Section 1.5(vi) is hereby amended by deleting existing Section
1.5(vi) and by inserting the following in lieu thereof:
"(vi) The Closing shall have been completed on or before
February 28, 1997. Conforming changes are hereby made to any
other affected Sections of this Agreement, including without
limitation Sections 7.2.2 and 7.2.3."
Section 2. Effect of this Amendment. Except as is hereinabove set
forth, the provisions of the Agreement shall hereafter remain in full force and
effect.
Section 3. This Amendment may be executed in two or more counterparts,
all of which when taken together shall constitute one and the same original.
IN WITNESS WHEREOF, the parties have executed this Amendment the day
and year first above written.
GREAT LAKES HOME MEDICAL, INC.
By: ________________________________
Xxxxxxx X. Xxxxxxx, President
LIFE CRITICAL CARE CORPORATION
By: ________________________________
Xxxxxx X. Xxxxx, President
_____________________________________
Xxxxxxx X. Xxxxxxx, Individually
_____________________________________
Xxxxx Xxxxxx, Individually
_____________________________________
Xxxxxx Xxxxxxxxx, Individually
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