Amendment to Asset Purchase Agreement between eFunds Corporation and Benton Consulting Partners (March 18, 2004)
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Summary
This letter agreement amends the Asset Purchase Agreement dated January 30, 2004, between eFunds Corporation and Benton Consulting Partners. It clarifies that, for calculating the Voluntary Attrition Rate of the acquired employees, any deaths or permanent disabilities occurring before the first or second anniversary of the closing date will not count as voluntary terminations. The amendment is signed by representatives of both parties and the CEO of eFunds Corporation.
EX-10.4 5 p69138exv10w4.txt EX-10.4 Exhibit 10.4 March 18, 2004 Mr. John B. Benton Mr. John A. MacAllister Benton Consulting Partners 655 Deep Valley Drive Suite 120 Rolling Hills Estates, CA 90274 Dear Jack and John, Reference is to paragraph 2.2(e) of the Asset Purchase Agreement executed between eFunds Corporation ("Purchaser") and Benton Consulting Partners ("Seller") dated January 30, 2004. The following language is hereby appended to that citation: "It is specifically agreed that for purposes of computation of the Voluntary Attrition Rate, any instance or instances of death or permanent disablement of the Acquired Work Force which may occur prior to the first anniversary or second anniversary of the Closing Date will not be considered as voluntary termination(s) of employment of Purchaser." Sincerely, /s/ Paul F. Walsh Paul Walsh Chief Executive Officer APPROVED AS TO FORM LAW DEPT. For Benton Consulting Partners /s/ John B. Benton /s/ John A. MacAllister John B. Benton John A. MacAllister Seller Seller
