FIRST AMENDED ASSET PURCHASE AGREEMENT
FIRST
AMENDED ASSET PURCHASE AGREEMENT
THIS
FIRST AMENDED ASSET PURCHASE AGREEMENT (the “Agreement”) is
entered on December 7, 2009 (the “Effective Date”)
between (i) Shrink Nanotechnologies, Inc. (f/k/a AudioStocks, Inc.), a Delaware
corporation (the “Seller”), and (ii)
DAO Information Systems, LLC, a Delaware limited liability company (the “Parent”) and its
wholly owned subsidiary, DAO Information Systems, Inc., a Delaware corporation
(the “Subsidiary” and
collectively with the Parent, the “Buyer”); and (iii)
Xxxx X. Xxxxx, an individual. The Seller and the Buyer may hereinafter be
referred to individually as a “Party” or
collectively as the “Parties.”
RECITALS
WHEREAS,
the parties wish to amend a previously executed Asset Purchase Agreement as
indicated herein;
NOW,
THEREFORE, in consideration of the mutual covenants contained in this Agreement,
and for good and valuable consideration, the receipt of which is hereby
acknowledged, it is hereby agreed as follows:
AMENDMENT
Article
I, Section 1.1(a)(iii) shall be amended as follows:
(iii) all
future Net Sales Proceeds1 from the eventual sale of all
shares of stock, exclusive of any interest in the securities of American
Scientific Resources, Inc. which shall exclusively remain owned by Seller, held
by the Seller as set forth in Schedule B
(collectively the “Seller Securities”);
and
1 “Net Sales Proceeds”
shall equal the gross proceeds received from the sale of the Seller Securities,
less reasonable brokerage commissions and related fees, including reasonable
legal and accounting fees.
SIGNATURE
PAGE
IN
WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as
of the day and year first above written.
|
SELLER:
/s/ Xxxx X. Xxxx
____________________________
By:
Xxxx X. Xxxx, Esq.
Its:
Chief Executive Officer
|
PARENT:
DAO
Information Systems, LLC
/s/ Xxxx X. Xxxxx
____________________________
By:
Xxxx X. Xxxxx
Its:
Managing Member
|
|
SUBSIDIARY:
DAO
Information Systems, Inc.
/s/ Xxxx X. Xxxxx
____________________________
By:
Xxxx X. Xxxxx
Its:
President
|
|
|
Xxxx
X. Xxxxx
/s/ Xxxx X. Xxxxx
____________________________
By:
Xxxx X. Xxxxx
An
individual
|
