October 19, 2000
AMENDMENT TO
JANUARY 24, 2000 AMENDED AND RESTATED
AGREEMENT LETTER
This amendment is made
between Skyhub Far East Inc. (Skyhub FE, a BVI company), Skyhub Asia Holdings
Limited (Skyhub Asia, a Hong Kong company) and eVision XXX.Xxx, Inc (eVision, a
Colorado company) to their AMENDED AND RESTATED AGREEMENT LETTER, dated January
24, 2000. All parties agree to the following:
1. |
Skyhub FE and eVision agree to permit Skyhub Asia to be a party to the January
24, 2000 Amended and Restated Agreement Letter, and to assume Skyhub FE’s
obligations under the Loan Commitment Agreement dated February 18, 2000, and any
promissory notes drafted pursuant to that Agreement, between Skyhub FE and
eBanker XXX.xxx, Inc. |
2. |
Skyhub FE confirms that all assets and agreements have been transferred from
Skyhub FE to Skyhub Asia including the 1,185,209 eVision shares previously
issued. |
3. |
eVision will guarantee that an orderly and reasonable sale of the 1,185,209
eVision shares in the open market will generate funds of no less than
US$3,000,000 plus the accrued interest from the loans made by eBanker XXX.xxx,
Inc. pursuant to the Loan Commitment dated February 18, 2000. Any shortfall will
be made up, at eVision’s discretion, through cash or the issuance of
additional eVision shares with piggyback registration rights. The board of
directors of Skyhub Asia will agree upon the execution of the orderly and
reasonable sale of these shares. |
4. |
All other terms of the January 24, 2000 agreement remain unaffected by this
amendment. |
For and on behalf of: For and on behalf of:
eVision XXX.Xxx, Inc. Skyhub Far East Inc.
/s/ Xxx X. Xxxx /s/ Xxxxxx Xxxx
___________________________ _______________________________
Authorized Signature Authorized Signature
Name : Xxx X. Xxxx Name : Xxxxxx Xxxx
Date : 10/19/00 Date : 10/19/00
For and on behalf of:
Skyhub Asia Holdings Limited
/s/ Xxx X. Xxxx
____________________________
Authorized Signature
Name : Xxx X. Xxxx
Date : 10/19/00