EXHIBIT 10.12
SECOND MODIFICATION AGREEMENT
THIS SECOND MODIFICATION AGREEMENT made effective as of the 6th day of February,
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. The parties wish to further amend the Financing Agreement as hereinafter set
forth.
NOW THEREFORE THIS Second 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, 2001 to December 31, 2001.
2. The date contained in the first line of section 3.1(a) of the Financing
Agreement shall be extended from July 13, 2001 to January 15, 2002.
3. The date contained in the second line of section 3.1(b) of the Financing
Agreement shall be extended from July 13, 2001 to January 15, 2002.
4. The date contained in the first line of section 3.2 of the Financing
Agreement shall be extended from June 30, 2001 to December 31, 2001.
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 13, 2001 to January 15, 2002.
6. The date contained in the fourth line of section 3.2 of the Financing
Agreement shall be extended from August 1, 2001 to January 31, 2002.
7. The date contained in the third line of section 5.1 of the Financing
Agreement shall be extended from September 3, 2001 to March 1, 2002.
8. 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 Second 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 Second 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.
9. Save as amended hereby, all of the terms of the Financing Agreement and the
First Modification Agreement shall continue in full force and effect.
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10. This Second Modification Agreement may be executed in counterparts.
IN WITNESS WHEREOF the parties have duly executed this Second Modification
Agreement to be effective as of the date first written above.
SIGNED, SEALED & DELIVERED
by XXXX XXXXXXX )
in the presence of: )
)
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Signature of Witness )
Name: )
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Address: ) XXXX XXXXXXX
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Occupation: )
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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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