Amendment No. 1 to Exclusive Sales and Distribution License Between PureDepth, Inc. and SANYO Electric System Solutions Co., Ltd. April 24, 2008
Exhibit 10.37
CONFIDENTIAL TREATMENT REQUESTED –
REDACTED COPY
Amendment
No. 1 to
Between
and SANYO
Electric System Solutions Co., Ltd.
April 24,
2008
WHEREAS, the parties wish to
amend the terms of the Exclusive Sales and Distribution License, including the
schedules thereto (the “Agreement”) between PureDepth, Inc. (“PureDepth”)
and SANYO Sales and Marketing
Corporation and SANYO
Electric System Solutions Co., Ltd. (Collectively, “Sanyo”) in order to
establish a set date on the Term in lieu of connecting to an approval by the
Japanese government;
WHEREAS, SANYO Sales and Marketing
Corporation was merged into SANYO Electric Co., Ltd. as of April 1,
2007,
WHEREAS, SANYO Electric System
Solutions Co., Ltd. guarantees to amend the License Agreement on behalf of SANYO
Electric Co., Ltd.,
NOW THEREFORE, the parties
hereby agree as follows:
1.
Definitions. Except
as otherwise defined herein, capitalized terms shall have the defined terms set
forth in the Agreement. If there is any conflict in interpretation,
the terms of the Amendment will prevail.
2.
Term. Schedule
1 to the Agreement shall be amended so that the definition of “Term” shall be as
follows:
““Term” means the period starting from
1 January 2006 (“Commencement Date”) on and until [****].”
3.
Execution on Behalf. SANYO Electric System
Solutions Co., Ltd., hereby guarantees the performance and compliance with the
rights and obligations under the Agreement.
4.
Continuation of Other
Terms. Except as set forth herein, all other terms and
conditions of the Agreement, including without limitation Schedule 1, shall
remain in full force and effect.
Xxxxxx
and executed as of the date listed above:
|
Sanyo
Electric System
|
|
|
Solutions
Co., Ltd.
|
|
|
/s/
Xxxxxxxx X. XxXxxxx
|
/s/
Xxxxxxx
Xxxxxx
|
|
Xxxxxxxx
X. XxXxxxx
|
Xxxxxxx
Xxxxxx
|
|
President
|
Director
|
|
Date: 7/11/08
|
Date: 4/26/08
|
Confidential
Page 1 of
1
