EXHIBIT 10.21
AMENDMENT NUMBER 1 TO MASTER LEASE AND FINANCING AGREEMENT
THIS AMENDMENT NUMBER 1 TO MASTER LEASE AND FINANCING AGREEMENT (this
"Amendment") is dated as of this ____ day of January, 2000, by and between
Compaq Financial Services Corporation, a Delaware corporation ("Lessor"), and
AltaVista Company, a Delaware corporation ("Lessee").
WITNESSETH:
WHEREAS:
A. Lessor and Lessee have entered into that certain Master Lease and
Financing Agreement Number 100749 dated November 24, 1999 (the "Master
Agreement") pursuant to which Lessor is willing to purchase and lease to Lessee,
certain equipment listed on Schedules thereto executed by Lessor and Lessee from
time to time. Capitalized terms used in this Amendment without definition have
the meanings assigned to them in the Master Agreement to which this Amendment is
attached and hereby made part thereof.
B. Lessee has requested, and Lessor has agreed to, certain modifications
to the Master Agreement.
C. The parties are entering into this Amendment for the purposes of
effecting such modifications.
NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Modifications to Master Agreement.
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(A) Exhibit A.
The last sentence of Section 3 shall be deleted.
(B) Exhibit B.
(a) The last sentence of Section 4 shall be deleted.
(b) The last sentence of Section 5 shall be deleted.
(C) Exhibit C.
The last sentence of Section 4 shall be deleted.
(2) Definitions. Unless otherwise defined herein, words and expressions
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defined in the Master Agreement, as amended hereby, shall bear the same
meanings when used herein.
(3) No Other Amendment. All other terms and conditions of the Master Agreement
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and any applicable Schedule shall remain in full force and effect and the
Lease shall be read and construed as if the terms of this Amendment were
included therein.
(4) GOVERNING LAW. THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN
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ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO
CONFLICTS OF LAW PRINCIPLES.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their respective duly authorized officers, and delivered the day and
year first written above.
LESSEE: LESSOR:
ALTAVISTA COMPANY COMPAQ FINANCIAL SERVICES
CORPORATION
By:__________________________ By:_____________________________
Name: _______________________ Name: __________________________
Title: ______________________ Title: _________________________
