Attached files
| file | filename |
|---|---|
| 10-K - GENERAL DATACOMM INDUSTRIES INC | v171222_10k.htm |
| EX-21 - GENERAL DATACOMM INDUSTRIES INC | v171222_ex21.htm |
| EX-32.2 - GENERAL DATACOMM INDUSTRIES INC | v171222_ex32-2.htm |
| EX-32.1 - GENERAL DATACOMM INDUSTRIES INC | v171222_ex32-1.htm |
| EX-31.2 - GENERAL DATACOMM INDUSTRIES INC | v171222_ex31-2.htm |
| EX-31.1 - GENERAL DATACOMM INDUSTRIES INC | v171222_ex31-1.htm |
Exhibit
24
AMENDMENT
NUMBER ONE DATED APRIL 15, 2009 TO
RECEIVABLE
SALES AGREEMENT
Dated as
of October 24 2008
between
General
DataComm, Inc., having an office at
6 Rubber
Avenue, Naugatuck, CT 06770, as Seller
and
Howard S.
Modlin, having an office at
445 Park
Avenue, New York, NY 10022, as Buyer
WHEREAS, Seller and Buyer entered into
a Receivables Sales Agreement dated October 24, 2008 (the “Agreement”) and
desire to amend the Agreement
NOW, THEREFORE in consideration of the
premises and the mutual covenants herein contained, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
Section
1.1 Notwithstanding anything contained in the
Agreement to the contrary, the definitions of Receivable and Additional
Receivables include accounts receivable to be invoiced pursuant to customer
purchase orders (“Open Purchase Orders”) which may be purchased by Buyer
hereunder.
Section
1.2 Seller covenants and agrees to timely fulfill such Open Purchase
Orders in accordance with their terms and to supply Buyer with the appropriate
invoice numbers so issued as well as to appropriately designate them as sold to
Buyer as provided in the Agreement. Seller shall be responsible and
shall have sole liability and obligation to fulfill and perform such Open
Purchase Orders and shall pay all costs and expenses in doing so, including but
not limited to material and other component costs, and shall indemnify and hold
Buyer harmless therefrom. Seller further covenants and agrees that
the representation and warranty as to Invoices in Section 2.1(p) will be true
and correct on the date of such issuance as to Invoices for Receivables and
Additional Receivables, issued pursuant to Open Purchase Orders which may be
purchased by Buyer hereunder.
1.3 All
other terms and conditions of the Agreement remain in full force and effect
without amendment.
Section
1.4. This amendment to the Agreement may be
executed in any number of counterparts and by different parties hereto in
separate counterparts, each of which so executed shall be deemed to be an
original and all of which taken together shall constitute one and the same
agreement.
IN
WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and
delivered as of the date first above written.
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GENERAL
DATACOMM, INC.
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By
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/s/ William G. Henry
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Name:
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William
G. Henry
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Title:
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Vice
President
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/s/ Howard S. Modlin
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Howard
S. Modlin
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