EXHIBIT 10.8
CONSENT
Re: Agreement dated October 22, 2001 between Old Glory and ARTISTdirect, Inc.
The undersigned, ARTISTdirect, Inc., has been advised that Old Glory
Boutique Distributing, Inc. ("Old Glory") is proposing to assign all of its
right, title and interest in and to the above contract (the "Contract") to Xxxx
Co., LLC, a Connecticut limited liability company whose address is 00 Xxxxxx
Xxxx, Xxxxxxxxx, XX 00000-0000 (the "LLC"). The principal owner of the LLC is
Xxxxx Xxxxxxx. The LLC will assume all obligations of Old Glory under the
Contract, whether now existing or hereafter arising. The undersigned hereby
consents to the foregoing assignment and assumption and agrees that effective as
of the date of the assignment and assumption, the LLC shall be solely
responsible for all existing and future obligations of the under the Contract.
The LLC will give written notice of the assignment and assumption to the
undersigned.
Dated as of this 11th day of December, 2002
ARTISTdirect, Inc.
By: /s/ XXXXXX X. XXXXXXXX
--------------------------------
Name: Xxxxxx X. Xxxxxxxx
Title: Executive VP
Duly Authorized 12/13/02
Xxxx Co., LLC hereby represents to ARTISTdirect, Inc. that (a) it is a validly
existing Connecticut limited liability company; (b) it has all power and
authority to perform the above Contract; and (c) the performance of the Contract
by it has been approved by all appropriate limited liability company action. IN
consideration of ARTISTdirect, Inc. consent above, upon the assignment of the
Contract to Xxxx Co. LLC, Xxxx Co., LLC covenants in favor of ARTISTdirect, Inc.
that Xxxx Co., LLC will assume and perform all obligations of Old Glory under
the Contract, whether now existing or hereafter arising.
Xxxx Co., LLC
By: /s/ Xxxxx Xxxxxxx
-------------------------------
Xxxxx Xxxxxxx, Manager
CONSENT
Re: Agreement dated October 22, 2001 between Old Glory ARTISTdirect, Inc.
The undersigned has been advised that Old Glory Boutique Distributing,
Inc. ("Old Glory") is proposing to assign all of its right, title and interest
in and to the above contract (the "Contract") to Xxxx Co., LLC, a Connecticut
limited liability company whose address is 00 Xxxxxx Xxxx, Xxxxxxxxx, XX
00000-0000 (the "LLC"). The principal owner of the LLC is Xxxxx Xxxxxxx. The LLC
will assume all obligations of Old Glory under the Contract, whether now
existing or hereafter arising. The undersigned hereby consents to the foregoing
assignment and assumption and agrees that effective as of the date of the
assignment and assumption, the LLC shall be solely responsible for all existing
and future obligations of the under the Contract. The LLC will give written
notice of the assignment and assumption to the undersigned.
The LLC represents and warrants that it is a duly authorized Connecticut
limited liability company, and that it has the corporate authority to assume Old
Glory's rights and obligations in the Contract. Upon ARTISTdirect's written
request, the LLC will provide a copy of its most current audited financial
statements, showing that the LLC has a minimum net worth sufficient to allow the
LLC to perform its obligations under the Contract.
Dated as of this 11th day of December, 2002
ARTISTdirect, Inc.
By: /s/ XXXXXX X. XXXXXXXX
--------------------------------
Name: Xxxxxx X. Xxxxxxxx
Title: EVP, Finance & Operations
Duly Authorized
AGREED AND ACCEPTED INSOFAR AS THE FOREGOING PERTAINS TO US:
XXXX CO., LLC
By: [SIGNATURE ILLEGIBLE]
--------------------------------
An Authorized Signatory
Its: Manager
-------------------------------
