FIRST AMENDMENT to MERGER AND SHARE EXCHANGE AGREEMENTMerger and Share Exchange Agreement • September 12th, 2012 • China VantagePoint Acquisition Co • Blank checks
Contract Type FiledSeptember 12th, 2012 Company IndustryTHIS FIRST AMENDMENT TO MERGER AND SHARE EXCHANGE AGREEMENT (“Amendment”) is dated as of September 10, 2012, by and among China VantagePoint Acquisition Company, a Cayman Islands company (the “Parent”), BDH Acquisition Corp., a Delaware Corporation and a wholly-owned subsidiary of Parent (the “Purchaser”), Black Diamond Holdings LLC, a Colorado limited liability company (the “Company”), the Class A members of the Company (collectively the “Class A Members”) listed on Schedule I to the Agreement (as defined below), the Preferred Members of the Company listed on Schedule I to the Agreement (collectively the “Preferred Members”), and Black Diamond Financial Group, LLC, a Delaware limited liability company, the manager of the Company (the “Manager”) for the purpose of amending and supplementing the Merger and Exchange Agreement (the “Agreement”) entered into by the Parent, Purchaser, Company, Class A Members, Preferred Members and the Manager on August 24, 2012. All capitalized terms not d