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FIRST AMENDMENT TO MEMBERSHIP PURCHASE AGREEMENT

LLC Subscription Agreement

FIRST AMENDMENT TO MEMBERSHIP PURCHASE AGREEMENT | Document Parties: AFG INVESTMENT TRUST C | WestCo LLC | CD IT LLC | EFG Kirkwood LLC | EFG Palisades LLC You are currently viewing:
This LLC Subscription Agreement involves

AFG INVESTMENT TRUST C | WestCo LLC | CD IT LLC | EFG Kirkwood LLC | EFG Palisades LLC

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Title: FIRST AMENDMENT TO MEMBERSHIP PURCHASE AGREEMENT
Date: 12/8/2006

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EXHIBIT 10.1

 

 

 

First Amendment to Membership Interest Purchase Agreement

 

 

This First Amendment to Membership Interest Purchase Agreement (this “ Amendment ”) is made and entered into as of December 5, 2006 by and among WestCo LLC, a Florida limited liability company (the “ Buyer ”), C&D IT LLC, a Delaware limited liability company (“ C&D ”), EFG Kirkwood LLC, a Delaware limited liability company (“ Kirkwood ”) and EFG Palisades LLC, a Delaware limited liability company (“ Palisades ”) (C&D, Kirkwood and Palisades, each a “ Company ” and together, the “ Companies ), and Wilmington Trust Company, not in its individual capacity but solely as Liquidating Trustee of each of AFG Investment Trust C Liquidating Trust and AFG Investment Trust D, each a Delaware liquidating trust (each a “ Seller ” and together, the “ Sellers ”).

 

WHEREAS, the Buyer, the Companies and the Sellers are parties to that certain Membership Interest Purchase Agreement dated July 24, 2006 (the “ Agreement ”); and

 

WHEREAS, the Buyer, the Companies and the Sellers desire to amend the Agreement on the terms set forth in this Amendment;

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:

 

1.  

Amendment to the Agreement . The parties hereto agree that Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto.

 

2.  

WestCo LLC . The Agreement and certain of the documents executed and delivered by the Buyer in connection therewith have r


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