EXHIBIT 10.30
First Amendment to Asset Purchase Agreement
This First Amendment to Asset Purchase Agreement (the "Amendment") is
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dated May 31, 2001, by and between Four Star Acquisition Company, LLC, a
Delaware limited liability company ("Buyer") and Four Star Lighting, Inc., a New
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York corporation ("Seller"), to amend that certain Asset Purchase Agreement
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dated as of April 19, 2001, between Buyer and Seller (the "Agreement").
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Section 9.9 of the Agreement is hereby amended and restated in full as follows:
"9.9 Assignment. This Agreement shall not be assignable or
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otherwise transferable by Buyer or Seller without prior written consent
of the other; provided, however, that from and after the Closing, Seller
shall have the right to assign this Agreement to any person (it being
understood and agreed that no such assignment by Seller pursuant to this
proviso shall relieve Seller of any of its obligations hereunder); and
provided, further, Buyer shall have the right to assign its rights under
this Agreement and its rights under any Assigned Contracts to one or more
institutional lenders and/or to a trust or similar entity controlled by
Buyer."
Except as expressly modified by this Amendment, the terms and provisions
of the Agreement remain in full force and effect. Upon the execution of this
Amendment by both parties hereto, this Amendment shall become a part of this
Agreement.
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be
duly executed as of the date first above written.
Four Star Acquisition Company, LLC
By: /s/ Xxxxxx X. Manners
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Name: Xxxxxx X. Manners
Title: Vice President
Four Star Lighting, Inc.
By: /s/ Xxxxx Xxxxxx
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Name: Xxxxx Xxxxxx
Title: Estate Representative
