FIFTH MODIFICATION AGREEMENT
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THIS FIFTH MODIFICATION AGREEMENT made effective as of the 30th day of June
0000, XXXXX:
XXXX XXXXXXX of 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx,
Xxxxxxxxxx, 00000-0000
("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 day 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. By an agreement made effective as of the 30th day of September, 2001 (the
"Third Modification Agreement") among Xxxx, Second Stage and EasyTrivia, the
parties amended the Financing Agreement by extending certain dates contained
therein;
F. By an agreement made effective as of the 30th day of June, 2002 (the
"Fourth Modification Agreement") among Xxxx, the Corporation and EasyTrivia, the
parties modified the Financing Agreement by extending certain dates contained
therein.
G. The parties wish to further amend the Financing Agreement as hereinafter
set forth.
NOW THEREFORE THIS Fifth 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 June 30, 2003 to September 30, 2003.
2. The date contained in the first line of section 3.1(a) of the Financing
Agreement shall be extended from July 15, 2003 to October 15, 2003.
3. The date contained in the second line of section 3.1(b) of the Financing
Agreement shall be extended from July 15, 2003 to October 15, 2003.
4. The date contained in the first line of section 3.2 of the Financing
Agreement shall be extended from June 30, 2003 to September 30, 2003.
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 July 15, 2003 to October 15, 2003.
6. The date contained in the fourth line of section 3.2 of the Financing
Agreement shall be extended from August 1, 2003 to November 1, 2003.
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 Fifth 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 Fifth 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.
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8. ave as amended hereby, all of the terms of the Financing Agreement, the
First Modification Agreement, the Second Modification, the Third Modification
Agreement, and the Fourth Modification Agreement shall continue in full force
and effect.
9. This Fifth Modification Agreement may be executed in counterparts.
IN WITNESS WHEREOF the parties have duly executed this Fifth Modification
Agreement to be effective as of the date first written above.
SIGNED, SEALED & DELIVERED ) XXXX XXXXXXX
by XXXX XXXXXXX )
in the presence of: )
)
Signature of Witness )
Name: )
Address: )
)
Occupation: )
)
)
)
SECOND STAGE VENTURES, INC.
by its authorized signatory:
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Authorized Signatory
XXXXXXXXXX.XXX, INC.
by its authorized signatory:
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Authorized Signatory
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