First Power & Light, Inc. - FORM 10-K - EX-10.6 - FIRST ADDENDUM TO STOCK PURCHASE AGREEMENT (JANUARY 4, 2013) WITH FIRST POWER & LIGHT, LLC - January 9, 2013
FIRST ADDENDUM TO
STOCK PURCHASE AGREEMENT
This First Addendum to Stock Purchase Agreement (this “Agreement”) dated January 3, 2013, to be effective as of September 20, 2012 (the “Effective Date”), is by, between and among Mainstream Entertainment, Inc. (the “Seller”) and First Power & Light, LLC (the “Purchaser”), each a “Party” and collectively the “Parties.”
WHEREAS, the Parties previously entered into a Stock Purchase Agreement (the “Stock Purchase”) on or around September 20, 2012, a copy of which is attached hereto as Exhibit A;
WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Stock Purchase; and
WHEREAS, the Parties desire to enter into this Agreement to amend, modify and clarify certain provisions, terms and conditions of the Stock Purchase and to provide for an addendum to the Stock Purchase as set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants, agreements, and considerations herein contained and set forth in the Stock Purchase, and other consideration, which consideration the Parties hereby acknowledge and confirm the sufficiency thereof, the Parties hereto agree as follows:
1. Amendments, Clarifications and Addendums to the Purchase Agreement.
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2. Reconfirmation of Stock Purchase. The Parties hereby reaffirm all terms, conditions, covenants, representations and warranties made in the Stock Purchase, to the extent the same are not amended hereby.
3. Effect of Agreement. Upon the effectiveness of this Agreement, each reference in the Stock Purchase to “Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to such Stock Purchase as modified or waived hereby.
4. Stock Purchase to Continue in Full Force and Effect. Except as specifically modified herein, the Stock Purchase and the terms and conditions thereof shall remain in full force and effect.
5. Effect of Facsimile and Photocopied Signatures. This Agreement may be executed in several counterparts, each of which is an original. It shall not be necessary in making proof of this Agreement or any counterpart hereof to produce or account for any of the other counterparts. A copy of this Agreement signed by one Party and faxed to another Party shall be deemed to have been executed and delivered by the signing Party as though an original. A photocopy of this Agreement shall be effective as an original for all purposes.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
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