AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER DATED AS OF JULY 27, 2005 AMONG INPLAY TECHNOLOGIES, INC. FP INNOVATIONS ACQUISITION, INC. (f/k/a FPI ACQUISITION, INC.) FINEPOINT INNOVATIONS, INC. AND STEPHEN CALDWELLAgreement and Plan of Merger • September 8th, 2005 • InPlay Technologies, Inc. • Patent owners & lessors
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER dated as of August 31, 2005 (the “Amendment to Agreement”), by and among INPLAY TECHNOLOGIES, INC., a Nevada corporation (“Buyer”); FP INNOVATIONS ACQUISITION, INC. (f/k/a FPI ACQUISITON, INC., a Delaware corporation, which is a wholly-owned subsidiary of Buyer (“Merger Subsidiary”); FINEPOINT INNOVATIONS, INC., a Delaware corporation (“Company”); STEPHEN CALDWELL, in his individual capacity (“Caldwell”). For purposes of this Amendment to Agreement, Buyer, Merger Subsidiary, Company, and Caldwell are sometimes individually referred to as a “Party” and collectively as the “Parties.”
