Amended and Restated Letter AgreementLetter Agreement • July 20th, 2012 • Activecare, Inc. • Communications equipment, nec • Delaware
This letter (this “Amended and Restated Agreement”) sets forth the amended and restated agreement between ActiveCare, Inc., a Delaware corporation (“Purchaser”) and each of you concerning Purchaser’s purchase of 100% of the membership interests of the Company (the “Acquisition”). In this Amended and Restated Agreement Messrs. Randall K. Gardner (“Gardner”), Darrell Meador (“Meador”) and Kenith Lewis (“Lewis”) are sometimes called singularly a “Seller” and collectively the “Sellers”, and the Purchaser and Sellers are sometimes called singularly a “Party” and collectively the “Parties”. This Amended and Restated Agreement is intended to be a legally binding agreement and replaces in its entirety the Letter Agreement entered into by the Parties on March 8, 2012 (the “Letter”). Changes and corrections are made to the original Letter agreement in Paragraphs 2, 3, 5, 6, 7, 8, 10.k, and 11; the full agreement, as so amended, is hereby restated as follows:
