AMENDMENT TO THE INVESTMENT AGREEMENT
Exhibit
10.16
AMENDMENT
TO THE INVESTMENT AGREEMENT
This
Amendment to the Investment Agreement is made as of the 2nd day of June
2010.
between
VIPER
RESOURCES, INC., A NEVADA CORPORATION (THE "Company")
and
DUTCHESS
OPPORTUNITY FUND, II, LP. (THE "Investor")
Whereas,
the Company and the Investor desire to amend the Investment Agreement dated
January 28, 2010.
Whereas,
the Company and the Investor desire to amend the Investment Agreement to remove
language regarding the Company's right to withdraw that portion of the put that
is below the minimum acceptable price, as defined within the Investment
Agreement and to revise certain other language for clarity in the Investment
Agreement.
Now,
therefore, in consideration of the mutual covenants contained in this Amendment
to the Investment Agreement, and for other good and valuable consideration (the
receipt and adequacy of which are hereby acknowledged), the Company and the
Investor agree as follows:
1)
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Section
2(C)- The Company's right of withdrawal shall be
removed.
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2)
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All
terms within section 2 of the Investment Agreement shall be adjusted to
reflect the appropriate reference
section.
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3)
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The
last sentence in Section 2(E) shall be
deleted.
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All other
terms of the Investment Agreement shall remain in full force and
effect.
VIPER RESOURCES, INC. | |||||
By: |
/s/
Massimiliano Pozzoni
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Massimiliano
Pozzoni, Chief Executive Officer & President
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DUTCHESS OPPORTUNITY FUND, II, LP. | |||||
By: | /s/ Xxxxxxx Xxxxxxxx | ||||
Xxxxxxx
Xxxxxxxx,
Managing
Member;
Dutchess
Capital Management, II, LLC,
General
Partner to:
Dutchess
Opportunity Fund, II, LP
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