EXHIBIT 10.17
THIRD MODIFICATION AGREEMENT
THIS THIRD MODIFICATION AGREEMENT made effective as of the 30th day of
September, 0000,
XXXXX:
XXXX XXXXXXX of 000 Xxxxxxxxx Xxxx, Xxxxxx Xxxxxx Xxxx, Xxxxxxxx,
00000
("Xxxx")
AND:
SECOND STAGE VENTURES, INC., a corporation incorporated under the laws
of the State of Nevada and having an office at P.O. 280, 92 Xxxx Xxxx,
Windward Road, Providenciales, Turks & Caicos Island, B.W.I.
("Second Stage")
AND:
XXXXXXXXXX.XXX, INC., a corporation incorporated under the laws of the
State of Washington and having an office at Suite 400 - 107 000 Xxxx
Xxxxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxx, 00000
("EasyTrivia")
WHEREAS:
A. By an agreement made effective as of the 5th day of October, 2000 (the
"Financing Agreement") among Xxxx, Second Stage, EasyTrivia and Xxxxx Snejdar
("Xxxxx"), Second Stage agreed to provide EasyTrivia with certain financing in
order to allow EasyTrivia to develop its online trivia game show business;
B. By an agreement made effective as of the 27th day of October, 2000 (the
"Assignment Agreement") among Xxxx, Xxxxx and EasyTrivia, Xxxxx assigned to Xxxx
all of Brent's right, title and interest in, to and under the Financing
Agreement and all the benefits to be derived therefrom and Xxxx accepted such
assignment;
C. By an agreement made effective as of the 19th day of January, 2001 (the
"First Modification Agreement") among Xxxx, Second Stage and EasyTrivia, the
parties amended the Financing Agreement by extending certain dates contained
therein;
D. By an agreement made effective as of the 6th of February, 2001 (the "Second
Modification Agreement") among Xxxx, Second Stage and EasyTrivia, the parties
amended the Financing Agreement by extending certain dates contained therein;
E. The parties wish to further amend the Financing Agreement as hereinafter set
forth.
NOW THEREFORE THIS Third Modification Agreement witnesses that in
consideration of the covenants and agreements herein contained and other good
and valuable consideration (the receipt and sufficiency of which is hereby
acknowledged and agreed to by the parties), the parties hereto hereby covenant
and agree as follows:
1. The date contained in the first line of section 3.1 of the Financing
Agreement shall be extended from December 31, 2001 to June 30, 2002.
2. The date contained in the first line of section 3.1(a) of the Financing
Agreement shall be extended from January 15, 2002 to July 15, 2002.
3. The date contained in the second line of section 3.1(b) of the Financing
Agreement shall be extended from January 15, 2002 to July 15, 2002.
4. The date contained in the first line of section 3.2 of the Financing
Agreement shall be extended from to December 31, 2001 to June 30, 2002.
5. The date commencing at the second line of section 3.2 of the Financing
Agreement and ending at the beginning of the third line of section 3.2 of the
Financing Agreement shall be extended from January 15, 2002 to July 15, 2002.
6. The date contained in the fourth line of section 3.2 of the Financing
Agreement shall be extended from to January 31, 2002 to August 2, 2002.
7. Xxxxxxx & Xxxxxx are solicitors for Second Stage only. EasyTrivia and Xxxx
each confirm and agree that Xxxxxxx & Xxxxxx is not providing either of them
with any legal or other advice in connection with this Third Modification
Agreement. Xxxx and EasyTrivia each confirm and agree that they each have been
duly advised (and fully and fairly informed with respect to such matters) to
obtain all necessary and independent legal and other applicable professional
advice and counsel prior to entering into this Third Modification Agreement.
Xxxx and EasyTrivia have either obtained all such advice and counsel or have
determined to their own satisfaction, having been fully and fairly informed
therein, not to seek such advice and counsel.
8. Save as amended hereby, all of the terms of the Financing Agreement, the
First Modification Agreement and the Second Modification Agreement shall
continue in full force and effect.
9. This Third Modification Agreement may be executed in counterparts.
IN WITNESS WHEREOF the parties have duly executed this Third Modification
Agreement to be effective as of the date first written above.
SIGNED, SEALED & DELIVERED
by XXXX XXXXXXX )
in the presence of: )
/s/ Xxxx Xxxxxxxx )
------------------------------------ )
Signature of Witness )
Name: Xxxx Xxxxxxxx ) /s/ Xxxx X. Xxxxxxx
Address: 0000 Xxxxxxx Xx. ) XXXX XXXXXXX
)
Vancouver, B.C. )
Occupation: Accountant )
)
)
)
)
)
)
SECOND STAGE VENTURES, INC.
by its authorized signatory:
/s/ Xxxxxx Xxxxxx
------------------------------------
Authorized Signatory
XXXXXXXXXX.XXX, INC.
by its authorized signatory:
/s/ Xxxx Xxxxxxx
------------------------------------
Authorized Signatory
