1 Exhibit 10.36 AMENDMENT TO SUBSIDIARY GUARANTY AMENDMENT, dated as of March 30, 1999, to SUBSIDIARY GUARANTY (the "Subsidiary Guaranty"), dated as of August 31, 1998, by each of the corporations party thereto or party to Annex A attached thereto...
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Exhibit 10.36
AMENDMENT TO SUBSIDIARY GUARANTY
AMENDMENT, dated as of March 30, 1999, to SUBSIDIARY GUARANTY
(the "Subsidiary Guaranty"), dated as of August 31, 1998, by each of the
corporations party thereto or party to Annex A attached thereto (each, a "Subsid
iary Guarantor").
For good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Subsidiary Guarantors jointly and severally
agree as follows:
1. Defined Terms. Capitalized terms used herein and not
otherwise defined herein shall have the respective meanings ascribed to such
terms in the Subsidiary Guaranty.
2. Amendment. The first paragraph of the recitals to the
Subsid iary Guaranty is hereby deleted in its entirety and the following
substituted therefor:
WHEREAS, Nextera Enterprises, Inc. (formerly known as
Nextera Enterprises, L.L.C.) (the "Company") has entered into a
Securities Purchase Agreement, dated as of August 31, 1998 (as amended
by the Consent and Amendment, dated as of December 31, 1998, among
Nextera Enterprises, L.L.C., Nextera Funding, Inc. ("DLJ Bridge"), the
Company and Knowledge Universe, Inc., and as further amended,
supplemented or other wise modified from time to time, the "Securities
Purchase Agreement") with DLJ Bridge pursuant to which DLJ Bridge has
agreed, subject to the terms and conditions set forth therein, to
purchase up to $77,500,000 principal amount of the Company's promissory
notes;
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Subsidiary Guarantors have caused this
Amendment to Subsidiary Guaranty to be duly executed as of the date first above
written.
PYRAMID IMAGING, INC.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Secretary
THE PLANNING TECHNOLOGIES
GROUP, L.L.C.
By: Nextera Enterprises, Inc.,
as its Member
/s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Chief Financial Officer
SIBSON & COMPANY, LLC
By: Nextera Enterprises, Inc.,
as its Member
/s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Chief Financial Officer
NEXTERA BUSINESS PERFORMANCE
SOLUTIONS GROUP, INC.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title:
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LEXECON INC.
By: /s/ XXXXXX X. XXXXXXXXXX
------------------------------------
Name: Xxxxxx X. Xxxxxxxxxx
Title: Chairman
SCANADA, INC.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title:
TIMAEUS, INC.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title:
CRITIAS, INC.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title:
4
SIBSON INTERNATIONAL, LLC
By: Sibson & Company, LLC,
as its Member
/s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Chief Financial Officer
SIBSON CANADA CO.
By: /s/ XXXXXXX XXXXXXXXX
------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title:
THE ALEXANDER CORPORATION
LIMITED
By: /s/ XXXXXXX X. XXXXXX
------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Director & Secretary
SIBSON UK LIMITED
By: /s/ XXXXXXX X. XXXXXX
------------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Director & Secretary
