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EXHIBIT 10.2
AMENDMENT TO STOCK PURCHASE AGREEMENT
This Amendment to Stock Purchase Agreement ("Amendment") is
hereby entered into among the undersigned parties to the Stock Purchase
Agreement, dated as of August 29, 1995, and modified by the Closing Extension
Under Stock Purchase Agreement, dated as of October 30, 1995 (as modified, the
"Agreement"). Capitalized terms used in this Amendment and not otherwise
defined shall have the meanings provided in the Agreement.
R E C I T A L S
A. The Buyer has requested Sellers to modify the
Agreement in order to permit Buyer to comply with the requirements of its
lender, FINOVA Capital Corporation.
X. Xxxxxxx are willing to agree to Buyer's request,
provided Buyer pays $625,000 of the Purchase Price in cash at the Closing and
agrees to pay certain penalties in the event payments are not timely made under
the Down Payment Note, the Contingent Note and the Absolute Note.
A G R E E M E N T
Therefore, Buyer and Sellers agree as follows:
1. Subject to, and effective only upon, the payment by
Buyer to Sellers of $625,000 in cash at the Closing, as provided below, the
Agreement shall be amended as follows:
1.1. Section 1.3(b) of the Agreement shall be
revised in its entirety to read as follows:
(b) If the Affected Real Property or any
portion thereof is sold, on or before the Closing,
for an aggregate price of at least $3,000,000, Buyer
shall pay $1,024,000, otherwise Buyer shall pay
$624,000, in each case at the Closing in cash by wire
transfer of immediately available funds to an account
designated by Sellers' Agent by written notice given
to Buyer at least one Business Day prior to the
Closing Date.
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1.2. Section 1.3(c) of the Agreement shall be
amended by changing the reference to "$250,000" in the first line to
$"125,000."
1.3. The forms of the Down Payment Note, the
Contingent Note and the Absolute Note shall be revised in their entirety and
replaced with the forms of such notes attached hereto and incorporated herein
by this reference.
2. The Closing shall take place no later than 5:00 p.m.
local time on November 13, 1995.
3. In all other respects, the Agreement shall remain
unchanged and is hereby confirmed and ratified by the parties.
4. This Amendment may be signed and delivered in several
counterparts (including counterpart signature pages transmitted by telecopier),
each of which together shall constitute one document.
Dated ______________________________________, 1995.
BUYER:
FAMILY BARGAIN CORPORATION,
a Delaware corporation
By:___________________________
Name:_________________________
Title:________________________
SELLERS' AGENT: ________________________
Xxxxxx X. Xxxxxxx
SELLERS:
___________________________
Xxxxxx Xxxxx
___________________________
Xxxxx Xxxxx
___________________________ ___________________________________
Xxxxxx X. Xxxxx Xxxxxx Xxxxx
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_____________________________ ___________________________________
Xxxxxxx X. Xxxxxx Xxxxx X. Xxxxxx
_____________________________ ___________________________________
Xxxxxx X. Xxxxxxx Dobra I. Stuchen
_____________________________ ___________________________________
Xxxxx X. Xxxxx Xxxxxxxx X. Xxxxx
_____________________________ ___________________________________
Xxxxx X. Xxxxxx Xxxxx X. Xxxxxx
_____________________________
Xxxx X. Xxxxx
_____________________________ ___________________________________
Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx
_____________________________
Xxxxxx X. Xxxxx
_____________________________ ___________________________________
Xxxxxxx X. Xxxxxxx Xxx X. Xxxxxxx
_____________________________ ___________________________________
Xxxx Xxxxx Xxxxxx X. Xxxxx
_____________________________ ___________________________________
Xxxxxxx Xxxxxx Xxxxx Xxxxxxxxx X. Xxxxx
_____________________________
Xxxx X. Xxxxxxx
_____________________________ ___________________________________
Xxxxxxx X. Xxxxxxxx Xxxxxx X. Xxxxxxxx
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