EXHIBIT 10.9
AGREEMENT TO VOID, CANCEL AND TERMINATE STOCK EXCHANGE
AGREEMENT DATED AUGUST 31, 2001
THIS AGREEMENT made and entered into this 27th day of September, 2001, by
and between American Ammunition, Inc. f/k/a Xxxxxxxxxxxxxxxx.xxx, Inc., a Nevada
corporation (the "Company"), and F&F Equipment, Inc., a Florida corporation
("F&F").
In consideration of the mutual promises, covenants and conditions contained
herein and other good and valuable consideration, the receipt and sufficiency of
all of which is hereby acknowledged, it is agreed by and between the parties as
follows:
1. F&F and the Company have agreed that there was a failure of consideration
on the part of one (1) or both of the parties to the Stock Exchange
Agreement between the Company and F&F dated August 31, 2001 (the
"Agreement"). It is therefore in the best interest of both parties to void,
cancel and terminate the Agreement and to release any claims F&F has
against the Company as well as any claims that the Company has against F&F
in consideration of such release; and
2. F&F does hereby release and discharge the Company from any and all
obligations under the Agreement dated August 31, 2001 in consideration of
the Company voiding, canceling and terminating said agreement effective as
of August 31, 2001, thereby restoring the parties to their original
positions and the Agreement is hereby declared null and void ab initio and
is otherwise cancelled and terminated; and
3. The Company does hereby release and discharge F&F from any and all
obligations under the Agreement in consideration of F&F voiding, canceling
and terminating said agreement effective as of August 31, 2001, thereby
restoring the parties to their original positions and the Agreement is
hereby declared null and void ab initio and is otherwise cancelled and
terminated; and
4. Both parties shall cause the appropriate notice filing to be made with the
Securities and Exchange Commission ("SEC") on Form 8-K or such other form
as may be appropriate immediately upon execution of this agreement or
within the time allotted by the SEC for such filings fully disclosing the
foregoing transaction and the Company shall also assume responsibility for
all SEC filings from the date of execution of this agreement forward; and
This Agreement shall be governed by the laws of the State of Florida. Any
dispute arising hereunder shall be settled by a court of competent jurisdiction
located in Palm Beach County, Florida.
The signature of each of the parties hereto constitutes their consent to
all of the foregoing.
American Ammunition, Inc. F&F Equipment, Inc.
f/k/a Xxxxxxxxxxxxxxxx.xxx, Inc. d/b/a American Ammunition
By: /s/ Xxxxxx X. Xxxxxxxxx By: /s/ Xxxxxx X. Xxxxxxxxx
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Xxxxxx X. Xxxxxxxxx, President Xxxxxx X. Xxxxxxxxx, President
