EXHIBIT 2.2
AMENDMENT NO. 1 TO ASSET PURCHASE AGREEMENT
BY AND AMONG IPARTY RETAIL STORES CORP., AS
PURCHASER, AND THE BIG PARTY CORPORATION, AS SELLER
Amendment No. 1, dated as of the __ day of August, 2000, by and
between the Big Party Corporation, debtor and debtor in possession, as seller
("Seller"), and iParty Retail Stores Corp., f/k/a iParty Retail Store Corp., as
purchaser ("Purchaser"), to the Asset Purchase Agreement, dated August 2, 2000
(the "Agreement").
Subject in all respects to the terms and provisions set forth
herein, the Agreement is hereby modified and amended as follows:
1. Article XI, Section 11.3 . Article XI, Section 11.3 of the Agreement shall be
amended to redact the entirety of subsection "(A)" thereof and substitute in its
place the following:
"(A) If to Seller, addressed as follows:
The Big Party Corporation
0000 XXX Xxxxxxx
Xxxx Xxxxxxx, XX 00000
Attn: Xxxxxx Xxxxxxxx, CEO
Tel: (000) 000-0000
Fax: (000) 000-0000
With copies to:
Xxxxx, Bonacquist & Fox L.L.P.
000 Xxxxx Xxxxxx
Xxx Xxxx, XX 00000
Attn: Xxxx Xxxxx, Esq.
Tel: (000) 000-0000
Fax: (000) 000-0000
-and-
The Official Committee of Unsecured Creditors
x/x Xxxxxxxxxx, Xxxxxxxxx, Xxxxxxx & Xxxxx, P.C.
000 Xxxx Xxxxxx
Xxx Xxxx, XX 00000
Attn: Xxxxx X. Xxxxx, Esq.
Tel: (000) 000-0000
Fax: (000) 000-0000"
Except as expressly modified hereby, all other provisions, terms and
conditions of the Agreement remain in full force and effect.
This Amendment is entered into as of the date first written above by
the parties signatory below.
iPARTY RETAIL STORES CORP.,
As Purchaser
By: /s/ Xxx Xxxxxxxx
------------------------
Name: Xxx Xxxxxxxx
Its: Chief Executive Officer
THE BIG PARTY CORPORATION,
Debtor and Debtor in Possession,
As Seller
By: /s/ Xxxxxx Xxxxxxxx
------------------------------
Name: Xxxxxx Xxxxxxxx
Its: Chief Executive Officer
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