Ex 10.2
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT
THIS FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT ("Amendment") is entered
into as of October 12, 2004, by and between SILVERLEAF RESORTS, INC., a Texas
corporation ("Seller") and ALGONQUIN WATER RESOURCES OF TEXAS, LLC, a Texas
limited liability company; ALGONQUIN WATER RESOURCES OF MISSOURI, LLC, a
Missouri limited liability company; ALGONQUIN WATER RESOURCES OF ILLINOIS, LLC,
an Illinois limited liability company; ALGONQUIN WATER RESOURCES OF AMERICA,
INC., a De/aware corporation; and ALGONQUIN POWER INCOME FUND, a Canadian income
trust (collectively, the "Purchaser").
RECITALS
A. The parties hereto entered into that certain Asset Purchase Agreement as
of August 29, 2004 (the "Agreement").
B. The parties hereto desire to amend the Agreement as set forth in this
Amendment.
ARTICLE 1
AGREEMENTS
1.1 Amendment. The first paragraph of Section 3.03 of the Agreement is
hereby amended by deleting the words "forty-five (45) days" and replacing it
with the words "forty-eight (48) days."
1.2 Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall
constitute the same instrument.
1.3 Full Force and Effect. The Agreement as modified by this Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the
date first above written.
SELLER: PURCHASER:
SILVERLEAF RESORTS, INC., a Texas ALGONQUIN WATER RESOURCES OF TEXAS,
corporation LLC, a Texas limited liability company
By: /S/ XXX X. XXXXXX By: /S/ XXXXXX XXXXXXX
--------------------------------- ------------------------------------
Its: COO Its: VP Corp Dev
AGONQUIN WATER RESOURCES OF
MISSOURI, LLC, a Missouri limited
liability company
By: /S/ XXXXXX XXXXXXX
------------------------------------
Its: VP Corp Dev
ALGONQUIN WATER RESOURCES OF
ILLINOIS, LLC, an Illinois limited
liability company
By: /S/ XXXXXX XXXXXXX
------------------------------------
Its: VP Corp Dev
ALGONQUIN WATER RESOURCES OF
AMERICA, INC., a Delaware corporation
By: /S/ XXX XXXXXXXXX
------------------------------------
Its: Authorized Signing Officer
ALGONQUIN POWER INCOME FUND,
a Canadian income trust
By: /S/ XXX XXXXXXXXX
------------------------------------
Its:
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