June 27, 2022 First Amendment to Agreement of Sale and Purchase with Acellories, Inc

Contract Categories: Business Finance - Purchase Agreements
EX-10.86 2 ex10-86.htm

 

Exhibit 10.86

 

FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE

 

THIS FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “First Amendment”) is made as of June 27, 2022, by and between AIM IMMUNOTECH INC., a Delaware corporation (“Seller”), and ACELLORIES, INC., a New York corporation (“Buyer”).

 

WHEREAS, Seller and Buyer have executed that certain Agreement of Sale and Purchase dated March 3, 2021 (the “Purchase Agreement”) for the purchase of certain Property, as defined in the Purchase Agreement, situate in the City of Brunswick, Middlesex County, New Jersey and commonly known as 783 Jersey Avenue; and

 

WHEREAS, Seller and Buyer now desire to make certain amendments to the Purchase Agreement, upon and subject to the terms and conditions of this First Amendment.

 

NOW THEREFORE, the parties hereto, in consideration of the mutual promises hereinafter set forth, and intending to be legally bound, hereby agree as follows:

 

1. The Closing Date is hereby extended to July 8, 2022, subject to Seller’s rights to further extend the Closing date as set forth in Section 4(b) of the Purchase Agreement.

 

2. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Purchase Agreement. This First Amendment may be signed in counterpart(s). For purposes of this First Amendment, facsimile signatures shall constitute original signatures. The transmission of a signed counterpart of this First Amendment by facsimile or by portable document file shall have the same force and effect as delivery of an original signed counterpart of this First Amendment, and shall constitute valid and effective delivery for all purposes. Except as expressly modified hereby, and in all respects, the remainder of the Purchase Agreement is hereby ratified and shall continue in full force and effect without modification. Nothing in this First Amendment shall be construed as, or otherwise effect, a waiver of any right, remedy, power or privilege of Seller or Buyer under the Purchase Agreement, all of which are expressly reserved.

 

[Signatures on Following Page]

 

 
 

 

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed as of the day and year first above written.

 

  Seller:
   
  AIM IMMUNOTECH INC.
   
  By: /s/Peter W. Rodino
  Name: Peter W. Rodino
  Title: Chief Operating Officer
     
  Buyer:
   
  ACELLORIES, INC.
     
  By: /s/Albert Lalou
  Name: Albert Lalou
  Title: V.P.

 

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