Exhibit 10.18
Execution
AMENDMENT NO. 6
TO
ASSET PURCHASE
AGREEMENT
THIS AMENDMENT
NO. 6 TO ASSET PURCHASE AGREEMENT (this “ Amendment
”) is made as of the 7 th day of November, 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, as
further amended by that certain Amendment No. 3 to Asset
Purchase Agreement dated as of April 18, 2008, as further
amended by that certain Amendment No. 4 to Asset Purchase
Agreement dated as of July 7, 2008, and as further amended by
that certain Amendment No. 5 to Asset Purchase Agreement dated
as of September 15, 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(d) . In the fourth sentence of
Section 1.7(d) of the Purchase Ag
