Amendment to
Lease Schedules No. 1 through 10
inclusive to
Master Equipment Lease Agreement
No. 3-10071
This Amendment to Lease Schedules
No. 1 through 10 inclusive to Master Equipment Lease Agreement No.
3-10071 dated December 13, 2007 (this “Amendment”) is
entered into as of this 16 th day of September 2008, by
and between KeyOn Communications Holdings, Inc and KeyOn
Communications, Inc. (the “Lessee”) and Data Sales Co.,
Inc. (the “Lessor”). Lessee and Lessor may sometimes be
referred to as the “Parties.”
RECITALS
WHEREAS, on or about December 13,
2007, Lessor and Lessee entered into that certain Master Equipment
Lease Agreement No. 3-10071 dated as of December 13, 2007 (the
“Master Lease”), as well as certain lease schedules
thereto, defined as Lease Schedules 1 through 10 inclusive,
together with all exhibits, addenda, riders, modifications,
extensions, renewals and documents taken in substitution thereof
(the “Lease Schedules”), for the lease by Lessor to
Lessee of certain equipment noted in said Lease Schedules (the
“Equipment”). The Master Lease, Lease Schedules,
Equipment and any and all modifications, amendments, extensions,
renewals or documents or equipment taken in substitution thereof
may be referred to as the “Lease Documents,” all of
which are incorporated herein by reference and made a part hereof;
and
WHEREAS, as a result of negotiations
by and between the Parties, the Parties have agreed to amend the
schedules 1-10, inclusive to the Master Lease Agreement No. 3-10071
dated December 13, 2007. The restructure of these lease payments
due Leessor by Lessee, entitles Lessor to additional consideration
as further provided in this Agreement.
NOW, THEREFORE, in consideration of
the mutual releases, promises, covenants, representations, and
warranties contained in this Agreement, the Parties agree as
follows:
|
|
a.
|
Lessor agrees to suspend all rental
payments due and owing by Lessee to Lesor under the Master Lease
No. 3-10071 dated December 13, 2007 for the months of September,
October and November of
2008.
|
|
|
b.
|
Lessor agrees to restructure the
outstanding Lease payments owed by Lessee to Lessor beginning
December 7, 2008, Schedules 1-10 for a period as outlined in
Amended payment schedule attached as Exhibit A. The amended payment
Schedule is attached hereto as Exhibit
A.
|
|
|
c.
|
Lessee agrees to deliver Three
Hundred and Thirty
|