EXHIBIT 10.1.1
FIRST AMENDMENT
TO
REAL ESTATE PURCHASE AND SALE AGREEMENT
This First Amendment to Real Estate Purchase and Sale Agreement (this
"Amendment"') is entered into as of August 31, 2005 by and between Dayton
Superior Corporation (the "Seller") and STAG Capital Partners, LLC (the
"Purchaser").
BACKGROUND
A. Seller and Purchaser entered into a Real Estate Purchase and Sale
Agreement with an Effective Date of August 2, 2005 (the "P&S Agreement")
concerning certain premises located at 0000 Xxxxxx, Xxxxxxx, Xxxxxx, 000 Xxxxxxx
Xxxxxx, Xxxxxxxxxx, Xxxx, 000 Xxxxx 00xx Xxxxxxx, Xxxxxx Xxxx, Xxxxxx and 000
Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxx.
B. Seller and Purchaser wish to ratify and amend the P&S Agreement as
provided below.
C. Capitalized terms used herein without definition have the meanings given
to them in the P&S Agreement.
AGREEMENT
NOW THEREFORE, for valuable consideration, the Seller and Purchaser agree
as follows:
1. The end of the Study Period (as defined in Section 5.2 of the P&S
Agreement) is extended to 6:00 P.M. (local time in Boston, Massachusetts) on
September 30, 2005.
2. The Closing Date (as defined in Section 2.3 of the P&S Agreement) is
extended to October 10, 2005, subject to extension as provided in the P&S
Agreement.
3. Except as otherwise provided above, the P&S Agreement is ratified and
confirmed and remains in full force and effect.
4. All references in the P&S Agreement to "this Agreement" shall mean the
P&S Agreement as amended by this Amendment.
5. This Amendment may be executed by facsimile and in counterparts and it
shall be sufficient that the signature of each party appear on one or more of
such counterparts.
[The remainder of this page is intentionally left blank;
signature page follows.]
EXECUTED under seal as of the date first above written.
SELLER:
Dayton Superior Corporation
By: /s/ Xxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxx X. Xxxxxx
----------------------------------
Title: Vice President, General Counsel
and Secretary
---------------------------------
PURCHASER:
STAG Capital Partners, LLC
By: /s/ Xxxxxxxx X. Xxxxxxx
------------------------------------
Name: Xxxxxxxx X. Xxxxxxx
Title: Manager
