Exhibit 10.16
Execution
AMENDMENT NO. 4
TO
ASSET PURCHASE
AGREEMENT
THIS AMENDMENT
NO. 4 TO ASSET PURCHASE AGREEMENT (this “ Amendment
”) is made as of the 7 th day of July, 2008 (the “
Effective Date ”), between L.M. BERRY AND
COMPANY, a Georgia corporation (“ Seller ”),
and THE BERRY COMPANY LLC , a Colorado limited liability
company (“ Purchaser ”), as assignee of Local
Insight Regatta Holdings, Inc. and successor to Local Insight Berry
Holdings LLC.
R E C I T A L S:
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A.
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Purchaser and
Seller are parties to that certain Asset Purchase Agreement dated
as of February 1, 2008, as amended by that certain Amendment
No. 1 to Asset Purchase Agreement dated as of April 11,
2008, as further amended by that certain Amendment No. 2 to
Asset Purchase Agreement dated as of April 17, 2008, and as
further amended by that certain Amendment No. 3 to Asset
Purchase Agreement dated as of April 18, 2008 (as so amended,
the “ Purchase Agreement ”).
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B.
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Seller and
Purchaser desire to further amend and modify the Purchase Agreement
as set out in this Amendment.
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NOW, THEREFORE
, in consideration of the premises,
and the mutual representations, warranties, covenants and
agreements hereinafter set forth, the parties hereto agree as
follows:
1. Defined Terms .
Capitalized terms used in but not defined in this Amendment shall
have the respective meanings ascribed thereto as set forth in the
Purchase Agreement.
2. Amendment of
Section 1.7(c) . The reference to “seventy-five
(75) calendar days” in the first sentence of
Section 1.7(c) of the Purcha
