EXHIBIT 10.4
AMENDMENT TO WARRANT AGREEMENT
This Amendment to Warrant Agreement (the "Agreement") is made as of
APRIL 6, 2001 by and between Silicon Valley Bank ("Holder") and GIGA INFORMATION
GROUP, INC. ("Company").
RECITALS
A. Company and Holder are parties to a Warrant to Purchase Stock, dated
MAY 25, 2000, together with all schedules and exhibits thereto (the "Warrant
Agreement").
B. Company has agreed to modify the Initial Exercise Price as defined
in the Warrant Agreement.
NOW, THEREFORE, the parties agree as follows:
1. THE INITIAL EXERCISE PRICE IS $1.50 PER SHARE
2. LEGAL EFFECT; INTERPRETATION. This Agreement amends certain terms of
the Warrant Agreement. Company confirms that, except as amended by this
Agreement, the Warrant Agreement remain in full force and effect. Unless
otherwise defined, all terms capitalized in this Agreement shall have the
meanings assigned in the Warrant Agreement. This Agreement, together with the
Warrant Agreement, constitutes the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior agreements and
negotiations.
3. COUNTERPARTS. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, and all of which shall
constitute one and the same instrument.
4. TIME OF ESSENCE. Time is of the essence for the performance of all
obligations set forth in this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first written above.
COMPANY: HOLDER:
GIGA INFORMATION GROUP, INC. SILICON VALLEY BANK
By: /s/ X.X. XXXXX By: /s/ XXXX XXXXX
------------------------------------- ------------------
Name: Xxxxxxxx X. Xxxxx Name: Xxxx Xxxxx
Title: Vice President & Corporate Title: SVP
Controller
