FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT
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Exhibit 2.1
FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT
THIS FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT (this "Amendment") is made as of the 7th day of February, 2003, by and among SUN MACKIE, LLC, a Delaware limited liability company, MACKIE DESIGNS INC., a Washington corporation, XXXXXXX XXXXXX, on behalf of himself and as sole trustee of the Xxxxx Xxxxxx Irrevocable Trust, the Xxxxxxxx Xxxxxx Irrevocable Trust, the Xxxxxxxxx Xxxxx Irrevocable Trust, and the Xxxxxxxx Xxxxxxx Irrevocable Trust, and C. XXXXXX XXXXXXXX and XXXXXX X. XXXXXXXX, as co-trustees of the Children of Xxxxxx Xxxx Xxxxxxxx Irrevocable Trust, the Children of Xxxxx Xxxxx Xxxxx Irrevocable Trust, the Children of Xxxxxxxx Xxxx Xxxxxx Irrevocable Trust, the Xxxxxx Xxxx Xxxxxxxx Irrevocable Trust, the Xxxxx Xxxxx Xxxxx Irrevocable Trust, the Xxxxxxxx Xxxx Xxxxxx Irrevocable Trust, and the Xxxxxxxx Family Trust. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Original Agreement.
WHEREAS, the parties hereto are parties to that certain Stock Purchase Agreement (the "Original Agreement"), dated as of January 16, 2003, pursuant to which the Purchaser has agreed to purchase certain shares of the Company's Common Stock from the Company, the Xxxxxx Xxxxxxx and the Xxxxxxxx Sellers; and
WHEREAS, the parties hereto now desire to make certain changes to the provisions of the Original Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Termination Date. The reference to February 7, 2003 in Section 9.1 of the Original Agreement is hereby changed to February 14, 2003.
2. Termination by Purchaser. The reference to February 7, 2003 in Section 9.2 of the Original Agreement is hereby changed to February 14, 2003.
3. Original Agreement. The Original Agreement, as amended pursuant to the terms of this Amendment, shall continue in full force and effect after the date of this Amendment.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.
| SUN MACKIE, LLC | |||
By: |
/s/ XXXXX X. XXXXXXX Name: Xxxxx X. Xxxxxxx Its: Vice President |
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MACKIE DESIGNS INC. |
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By: |
/s/ XXXXXXX XXXXX Name: Xxxxxxx Xxxxx Its: Chairman of the Board |
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XXXXXXX X. XXXXXX, individually |
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/s/ XXXXXXX X. XXXXXX |
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XXXXX XXXXXX IRREVOCABLE TRUST |
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By: |
/s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Its: Trustee |
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XXXXXXXX XXXXXX IRREVOCABLE TRUST |
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By: |
/s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Its: Trustee |
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XXXXXXXX XXXXXXX IRREVOCABLE TRUST |
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By: |
/s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Its: Trustee |
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XXXXXXXXX XXXXX IRREVOCABLE TRUST |
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By: |
/s/ XXXXXXX X. XXXXXX Name: Xxxxxxx X. Xxxxxx Its: Trustee |
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CHILDREN OF XXXXXX XXXX XXXXXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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CHILDREN OF XXXXX XXXXX XXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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CHILDREN OF XXXXXXXX XXXX XXXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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XXXXXX XXXX XXXXXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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XXXXX XXXXX XXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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XXXXXXXX XXXX XXXXXX IRREVOCABLE TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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XXXXXXXX FAMILY TRUST |
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By: |
/s/ C. XXXXXX XXXXXXXX Name: C. Xxxxxx Xxxxxxxx Its: Trustee |
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By: |
/s/ XXXXXX X. XXXXXXXX Name: Xxxxxx X. Xxxxxxxx Its: Trustee |
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FIRST AMENDMENT TO STOCK PURCHASE AGREEMENT
