Amendment One to Asset Purchase Agreement between Intraware, Inc. and FusionStorm
This amendment updates the original Asset Purchase Agreement between Intraware, Inc. and FusionStorm. It changes the closing date of the transaction to January 3, 2006, and reduces the purchase price from $400,000 to $250,000. All other terms of the original agreement remain unchanged. The amendment is effective as of January 2, 2006, and is signed by authorized representatives of both companies.
Exhibit 10.2
AMENDMENT ONE
to
ASSET PURCHASE AGREEMENT
between
INTRAWARE, INC.
and
FUSIONSTORM
This amendment (“Amendment One”) amends the Asset Purchase Agreement dated October 28, 2005 (the “Agreement”), between Intraware, Inc. (“Intraware”) and FusionStorm. All capitalized terms not defined in this Amendment One shall have the meanings given in the Agreement. This Amendment One shall be effective as of January 2, 2006.
| 1. | CLOSING DATE | ||||||
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| Section 1.1 (“Closing Date”) is deleted and replaced with: | ||||||
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| “Closing Date” shall mean January 3, 2006. | ||||||
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| 2. | PURCHASE PRICE | ||||||
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| In Section 2.2(a) (Purchase Price), “$400,000” is deleted and replaced with “$250,000”. | ||||||
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| Subject to the above modifications, the Agreement shall remain in full force and effect. | |||||||
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| INTRAWARE, INC. | FUSIONSTORM |
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| By: | /s/ John J. Moss |
| By: | /s/ Daniel Serpico |
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| Name: | John J. Moss | Name: | Daniel Serpico |
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| Title: | Senior Vice President, General | Title: | Chief Financial Officer |
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| Counsel and Secretary |
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