EXHIBIT 10.9
FIRST AMENDMENT TO INVESTMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into as of August 29, 2000,
by and among Merchant Xxxxxx.xxx, Inc., a corporation duly organized and
existing under the laws of the State of Florida (the "Company") and XXXXXX
PRIVATE EQUITY, LLC (hereinafter referred to as "Xxxxxx").
RECITALS:
WHEREAS, the Company and Xxxxxx entered into an Investment Agreement
dated on or about January 15, 2000, a copy of which is attached as Exhibit A
hereto.
WHEREAS, the Company and the Holder desire to into this amendment
agreement.
TERMS:
NOW, THEREFORE, in consideration of the mutual promises,
representations, warranties, covenants and conditions set forth in Agreement and
for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. Amendment to Section 2.3.8 of the Investment Agreement.
The first paragraph of Section 2.3.8 of the Investment Agreement is
hereby amended to remove the phrase "(or such other time or later date as is
mutually agreed to by the Company and the Investor)" from the second sentence of
such section.
2. No Further Modification. Except as set forth in this Agreement, all of
the terms and provisions of the Investment Agreement shall remain unmodified and
in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
this 29TH day of August, 2000.
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XXXXXXXXXXXXXX.XXX, INC. HOLDER:
XXXXXX PRIVATE EQUITY, LLC
Signed: /s/ XXXXX XXXXXXXX Signed: /s/ XXXX X. XXXXXX
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Print Name: Xxxxx Xxxxxxxx Xxxx X. Xxxxxx, Manager
Title: Chairman and Chief Executive Officer
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