50 of the Top 250 law firms use our Products every day
FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT
This First Amendment to Asset
Purchase Agreement (the “ Amendment ”), dated as
of September 29, 2006, is by and between Dana Corporation, a
Virginia Corporation (“ Debtor Seller ”) and
Hendrickson USA, L.L.C., a Delaware limited liability company
(“ Purchaser ”).
WHEREAS, Debtor Seller and Purchaser
entered into that certain Asset Purchase Agreement, dated as of
September 11, 2006 (the “ Agreement ”),
pursuant to which Debtor Seller agreed to sell certain assets to
Purchaser and Purchaser agreed to purchase such assets from Debtor
Seller, as described in the Agreement; and
WHEREAS, Debtor Seller and Purchaser
desire to amend the Agreement to modify certain provisions of the
Agreement as set forth herein.
NOW, THEREFORE, in consideration of
the mutual covenants and agreements contained in this Amendment,
and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. Defined Terms . All
capitalized terms used but not defined in this Amendment shall have
the meaning assigned to them in the Agreement.
2. Termination Date .
The term “Termination Date” in Section 1.01 of the
Agre
|
