Amendment to Interest Purchase Agreement between InterCloud Systems, Inc. and Sellers (August 14, 2014)

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment extends the final termination date of the Interest Purchase Agreement, originally dated March 19, 2014, between InterCloud Systems, Inc., VaultLogix, LLC, Data Protection Services, LLC, U.S. Data Security Acquisition, LLC, London Bay – VL Acquisition Company, LLC, and Tier 1 Solutions, Inc. The new termination date is September 12, 2014. All other terms of the original agreement remain unchanged and in effect. The amendment is binding once signed by all parties.

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EX-10.1 2 f8k081414a3ex10i_intercloud.htm AMENDMENT TO INTEREST PURCHASE AGREEMENT

Exhibit 10.1

 

InterCloud Systems, Inc.

1030 Broad Street
Suite 102
Shrewsbury, NJ 07702
(561) 988-1988

 

August 14, 2014

 

Gentlemen:

 

Reference is made to the INTEREST PURCHASE AGREEMENT, dated as of March 19, 2014 (the "Agreement"), made and entered into by and among VAULTLOGIX, LLC, a Delaware limited liability company ("VL"), DATA PROTECTION SERVICES, LLC, a Delaware limited liability company ("DPS"), U.S. DATA SECURITY ACQUISITION, LLC, a Delaware limited liability company ("USDSA", and together with VL and DPS, the "Company"), LONDON BAY — VL ACQUISITION COMPANY, LLC, a Delaware limited liability company ("Holding Company"), TIER 1 SOLUTIONS, INC. ("Tier 1", and together with Holding Company, the "Sellers") and INTERCLOUD SYSTEMS, INC., a Delaware corporation ("Buyer"), as such Agreement was amended on May 30, 2014 and July 28, 2014 (the "Amendments"). Terms used herein and not otherwise defined shall have the meanings set forth in the Agreement..

 

This letter will confirm our understanding and agreement that the Agreement shall be hereby further amended such that the Final Termination Date, as defined in Section 9.1(d) of the Agreement, shall hereby be extended to September 12, 2014,

 

Except as amended by the Amendments and further amended by this letter agreement, the Agreement shall otherwise remain in full force and effect and the parties hereby jointly and individually, ratify and reaffirm the terms, covenants, representations, warranties and conditions thereof.

 

If the foregoing is in accordance with your understanding of our agreement, kindly sign and return this letter agreement, whereupon it will become a binding agreement between the parties to the Agreement in accordance with its terms.

 

  Very truly yours,
     
  INTERCLOUD SYSTEMS INC.
     
  By:  
    Name: Mark E. Munro
    Title: Chief Executive Officer

 

 
 

  

Accepted and Agreed to this

14th day of August, 2014.

 

SELLERS:

 

LONDON BAY - VL ACQUISITION

COMPANY, LLC

 

By: /s/ Matthew T. Carroll  
Name: Matthew T. Carroll  
Title: Authorized Person  

 

TIER 1 SOLUTIONS, INC.

 

By: /s/ Timothy A. Hannibal  
Name: Timothy A. Hannibal  
Title: Authorized Person  

 

COMPANY:

 

VAULTLOGIX, LLC

 

By: /s/ Timothy A. Hannibal  
Name: Timothy A. Hannibal  
Title: Secretary  

  

DATA PROTECTION SERVICES, LLC

  

By: /s/ Timothy A. Hannibal  
Name: Timothy A. Hannibal  
Title: Secretary  

  

U.S. DATA. SECURITY ACQUISITION, LLC

 

By: /s/ Timothy A. Hannibal  
Name: Timothy A. Hannibal  
Title: Secretary  

 

 

[Signature Page to Extension Letter]