AGREEMENT TO EXTEND TERM OF THE AMENDED AND RESTATED PUTAGREEMENT
Exhibit 10.3
Execution Version
AGREEMENT TO EXTEND TERM OF THE AMENDED AND RESTATED PUT AGREEMENT
This AGREEMENT TO EXTEND TERM OF THE AMENDED AND RESTATED PUT AGREEMENT, dated as of February 19, 2003, is by and among IFX CORPORATION, a Delaware corporation (the Company), UBS CAPITAL AMERICAS III, L.P., a Delaware limited partnership (UBS LP), and UBS CAPITAL LLC, a Delaware limited liability company (collectively with UBS LP and their respective successors and assigns, UBS).
Whereas the Company and UBS are parties to that certain Amended And Restated Put Agreement dated as of August 15, 2002 (the Put Agreement); and
Whereas the Company and UBS desire to extend the term of the Put Agreement until August 19, 2003.
NOW THEREFORE, it is agreed as follows:
1. Defined Terms. Except as otherwise defined herein, capitalized terms shall have the meaning set forth in the Put Agreement.
2. Expiration Date. Section 2(a) of the Put Agreement is hereby amended to read as follows: From and after the date hereof until August 19, 2003 (the Expiration Date), UBS shall have the right from time to time, upon written notice thereof, specifying the Tutopia Shares to be put (the UBS Put Notice), to put to the Company all or any portion of its Tutopia Shares (the Put Option) at a price per share equal to the Exchange Ratio.
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT TO EXTEND TERM OF THE AMENDED AND RESTATED PUT AGREEMENT as of the date set forth in the first paragraph hereof.
IFX CORPORATION | ||
By: | /s/ MICHAEL SHALOM | |
Name: Michael Shalom Title: Chief Executive Officer |
USB CAPITAL AMERICAS III, L.P. By: USB Capital Americal III, LLC | ||
By: | /s/ GEORGE A. DUARTE | |
Name: George A. Duarte Title: Partner |
By: | /s/ MARC UNGER | |
Name: Marc Unger Title: Chief Financial Officer |
USB CAPITAL LLC | ||
By: | /s/ GEORGE A. DUARTE | |
Name: George A. Duarte Title: Partner |
By: | /s/ MARC UNGER | |
Name: Marc Unger Title: Chief Financial Officer |
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