Termination Agreement

EX-10.9 7 c05037exv10w9.txt TERMINATION AGREEMENT EX-10.9 TERMINATION AGREEMENT The undersigned, constituting all of the parties to that certain Management Services Agreement by and between Brightpoint India Private Limited, a company organized under the laws of India, and Persequor Limited, a company incorporated in the British Virgin Islands, dated as of November 1, 2003, as amended (the "Management Services Agreement"), hereby agree that in connection with that certain Stock Purchase Agreement by and between Brightpoint Holdings B.V., a company organized and existing under the laws of the Netherlands, and John Alexander Du Plessis Currie, the sole shareholder of Persequor Limited, effective as January 1, 2006, the Management Services Agreement (including any provisions thereof which by their terms survive termination of the Management Services Agreement) is hereby terminated, effective as of January 1, 2006 (the "Termination Effective Date") and shall be of no further force or effect, and each of the undersigned unconditionally releases the other party to the Management Services Agreement as of the Termination Effective Date with respect to any obligation or liability arising in connection with the Management Services Agreement. The internal law, without regard to conflicts of laws principles, of the State of Indiana will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Termination Agreement as of the 23rd day of February, 2006, to be effective as of January 1, 2006. BRIGHTPOINT INDIA PRIVATE LIMITED By: /s/ STEVEN E. FIVEL ------------------------------------ Printed: STEVEN E. FIVEL Title: DIRECTOR PERSEQUOR LIMITED By: /s/ J. A. CURRIE ------------------------------------ Printed: J. A. CURRIE Title: DIRECTOR