SEVENTH AMENDMENT TO
Exhibit
10.8.7
SEVENTH
AMENDMENT
TO
AND
PRELIMINARY
ESCROW INSTRUCTIONS
[Portion
of DiCon Fiberoptics Inc. Land, Regatta Boulevard, Richmond,
California]
This
Seventh Amendment to Purchase and Sale Agreement and Preliminary Escrow
Instructions (the "Seventh
Amendment") is
entered into as of December 14, 2005, between DICON FIBEROPTICS, INC., a
California corporation ("Seller") and
PULTE
HOME CORPORATION, a Michigan corporation ("Buyer").
RECITALS
| A. |
Seller
and Buyer entered into a Purchase and Sale Agreement and Preliminary
Escrow Instructions as of February 27, 2004, a First Amendment to
Purchase
and Sale Agreement and Preliminary Escrow Instructions as of March
1,
2004, a Second Amendment to Purchase and Sale Agreement and Preliminary
Escrow Instructions as of April 29, 2004, a Third Amendment to Purchase
and Sale Agreement and Preliminary Escrow Instructions as of February
27,
2005, a Fourth Amendment to Purchase and Sale Agreement and Preliminary
Escrow Instructions as of July 27, 2005, a Fifth Amendment to Purchase
and
Sale Agreement and Preliminary Escrow Instructions as of November
17,
2005, and a Sixth Amendment to Purchase and Sale Agreement and Preliminary
Escrow Instructions as of December 14, 2005 (collectively, the
"Agreement").
|
| B. |
Seller
and Buyer desire to amend and restate certain provisions of the Agreement
as provided in this Seventh
Amendment.
|
The
parties agree as follows:
AGREEMENT
| 1. |
Section
13.2.2 of the Agreement is hereby amended by substituting the date
"December 15, 2005" for the date "December 14, 2005" on lines 3 and
4
thereof.
|
| 2. |
Except
as amended and restated by this Seventh Amendment, all terms, conditions
and provisions of the Agreement shall remain in full force and
effect.
|
| 3. |
This
Seventh Amendment may be executed by the different parties hereto
on
separate counterparts each of which, when so executed, shall be deemed
an
original but all such counterparts shall constitute but one and the
same
agreement.
|
1
IN
WITNESS HEREOF, the
parties hereto have executed this Seventh Amendment as of the date first above
written.
Seller:
Buyer:
DICON
FIBEROPTICS, INC.,
PULTE
HOME
CORPORATION
a
California
corporation
a
Michigan corporation
By: /s/
Ho-Xxxxx
Xxx By: /s/
J. Xxxxxx Xxxxxxxx
Name:
Ho-Xxxxx
Xxx,
Ph.D.
Name:
J.
Xxxxxx
Xxxxxxxx
Its: President
and
CEO
Its: Division
President
Acceptance
by Escrow Holder
CHICAGO
TITLE COMPANY hereby acknowledges that it has received originally executed
counterparts or a fully executed original of the foregoing Seventh Amendment
to
Purchase and Sale Agreement and Preliminary Escrow Instructions and agrees
to
act as Escrow Agent thereunder and to be bound by and perform the terms thereof
as such terms apply to Escrow Agent.
CHICAGO
TITLE COMPANY
By:
__________________________________
Name:
Xxxxxx
X.
Xxxxxxx
Its: Assistant
Vice President
Date
of
Execution: _______________________
