Letter Agreement Amending AOL Asset Purchase Agreement—Transition Date Confirmation (Napster, AOL LLC, AOL Music Now LLC)
Napster, LLC, AOL LLC, and AOL Music Now LLC have agreed to amend their existing Asset Purchase Agreement by confirming March 14, 2007, as the official Transition Date. This letter agreement overrides the original requirement for 48 hours' written notice before setting the Transition Date. All parties have signed to acknowledge and accept this change.
Exhibit 2.4
[Napster letterhead]
AOL MUSIC NOW LLC
AOL LLC
22000 AOL Way
Dulles, Virginia 20166
Attn: Deputy General Counsel
To whom it may concern:
Notwithstanding the provisions of Section 5.1 of Exhibit A to the Asset Purchase Agreement, dated as of January 11, 2007, between Napster, LLC (“Buyer”), AOL LLC (“AOL”) and AOL Music Now LLC (“Seller”), as amended, which requires 48 hours of written notice from Buyer prior to the determination of the Transition Date (as defined in the Agreement), AOL and Seller hereby acknowledge and agree that March 14, 2007 shall be the Transition Date.
Sincerely,
/S/ LAURA B. GOLDBERG
Laura B. Goldberg
Chief Operating Officer
Napster, LLC
ACCEPTED AND AGREED TO:
AOL MUSIC NOW LLC
| By: | /S/ BILL WILSON |
| Printed Name: | Bill Wilson |
| Title: | President |
| Date: | 3-14-07 |
| AOL LLC | ||
| By: | /S/ BILL WILSON | |
| Printed Name: | Bill Wilson |
| Title: | EVP – Programming |
| Date: | 3-14-07 |
