AMENDMENT TO STOCK PURCHASE AGREEMENTS
EXHIBIT
4.13
AMENDMENT
TO STOCK PURCHASE AGREEMENTS
This
Amendment
made
as
of April 18, 2008 relates to the Stock
Purchase Agreements
entered
into as of February 12, 2008, by and among Iroquois Master Fund Ltd. and Xxxxx
Capital LLC (“Buyers”)
and
Xxxxxx and Xxxxx Xxxxxxxxx (“Gunnerman”).
For
mutual good and valuable consideration and the mutual covenants, conditions
and
agreements herein contained, and other good and valuable consideration and
intending to be legally bound, the parties hereto hereby agree as
follows:
1. Reference
is hereby made to the Pricing Period, as defined in Section 2(b) of the Stock
Purchase Agreement (the “Original Pricing Period”). The Pricing Period is hereby
amended to be the thirty trading days commencing on the first trading day after
the end of the Original Pricing Period
2. Capitalized
terms employed herein shall have the meanings given to them in the Stock
Purchase Agreements.
3. Except
as
modified herein, all of the terms of the Stock Purchase Agreements remain in
full force and effect.
4. All
of
the venue, jurisdiction, notice and miscellaneous provisions of the Stock
Purchase Agreements apply to this Amendment.
5.
This
Amendment shall be effective immediately.
IN
WITNESS WHEREOF, the undersigned have executed this Amendment as of the first
date above written.
XXXXXX
XXXXXXXXX
|
XXXXX
XXXXXXXXX
|
PURCHASERS
Iroquois
Master Fund Ltd.
|
Xxxxx
Capital LLC
|
|
By:
|
By:
|
|
Its:
|
Its:
|
The
Escrow Agent acknowledges receipt of this Amendment.