AMENDMENTONE to ASSETPURCHASE AGREEMENT between INTRAWARE,INC. and FUSIONSTORM

EX-10.2 3 a05-22012_1ex10d2.htm MATERIAL CONTRACTS

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

 

 

 

Section 1.1 (“Closing Date”) is deleted and replaced with:

 

 

 

Closing Date” shall mean January 3, 2006.

 

 

2.

PURCHASE PRICE

 

 

 

In Section 2.2(a) (Purchase Price), “$400,000” is deleted and replaced with “$250,000”.

 

 

Subject to the above modifications, the Agreement shall remain in full force and effect.

 

INTRAWARE, INC.

FUSIONSTORM

 

 

 

 

 

 

 

 

 

 

 

 

By:

/s/ John J. Moss

 

By:

/s/ Daniel Serpico

 

 

 

 

 

 

 

 

 

Name:

John J. Moss

Name:

Daniel Serpico

 

 

 

 

 

 

 

Title:

Senior Vice President, General

Title:

Chief Financial Officer

 

 

 

Counsel and Secretary