Exhibit 10.6.1
ADDENDUM NO. 1 TO DISTRIBUTORSHIP AGREEMENT
BETWEEN ISCO-OPTIC GMBH, AND
BALLANTYNE OF OMAHA, INC.
This Addendum No. 1 to the Distributorship Agreement is made and entered
into effective this 4th day of December, 1998 between ISCO-Optic GmbH, ▇.▇. ▇▇▇
▇▇ ▇▇, ▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇, Germany, hereinafter referred to as "ISCO", and
Ballantyne of Omaha, Inc., a Delaware corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇,
▇▇▇▇▇▇▇▇ ▇▇▇▇▇, hereinafter referred to as "Ballantyne".
RECITALS:
This Addendum No. 1 is made with reference to the following facts
and objectives:
1. Effective March 1, 1993, ISCO and Ballantyne entered into a
Distributorship Agreement, pursuant to which ISCO appointed Ballantyne as its
exclusive distributor in the territory set forth in annex "B" attached to said
Distributorship Agreement, for ISCO products set forth in Annex "A" attached to
said Agreement.
2. The original term of said Distributorship Agreement was for ninety-six
(96) months from the effective date of said Agreement, terminating on April 30,
2001.
3. The parties desire to extend the term of said Agreement for an
additional sixty (60) months beyond the original termination date, pursuant to
the terms and conditions set forth in this Addendum No. 1.
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the parties hereto
agree as follows:
1. Section 10, Paragraphs A, B and D, of the Distributorship Agreement are
hereby amended to read as follows:
10. TERMINATION OF AGREEMENT.
A. This Agreement shall remain in effect for a period of One Hundred
and Fifty-Six (156) months from and after March 1, 1993, and shall
terminate on April 30, 2006.
B. Either party shall have the right to terminate this Agreement at
the end of the One Hundred and Fifty-Six (156) month period without
show of cause by notifying the other party of its intention to so
terminate this Agreement not less than twelve (12) months prior to
the expiration date.
C. No change.
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D. This Agreement shall be automatically renewed at the end of this
One Hundred and Fifty-Six (156) month period, determined as set
forth above, for a period of two years, and shall be renewable for
two year periods thereafter unless either party notifies the other
party, without show of cause, not less than twelve (12) months prior
to the end of any such two year period, of its intention not to
renew this Agreement.
E. No change.
F. No change.
2. Except as provided in this Addendum No. 1, the Distributorship
Agreement of March 1, 1993, as supplemented, amended and modified by
this Addendum No. 1, shall remain in full force and effect, and the
parties reaffirm their obligations therein as herein amended.
IN WITNESS WHEREOF, the parties have executed this first Addendum as
of this 4th day of December 1998.
ISCO-Optic GmbH ("ISCO")
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
---------------------------------
President
BALLANTYNE OF OMAHA, INC.,
"BALLANTYNE"
By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇
---------------------------------
President
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