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Title: |
Agreement |
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Entities: |
AlixPartners, LLC; LOUD Technologies, Inc.; Knight Italia S.p.A.; Franco Laurenti; James Trevor Engen; Timothy Paul ONeil |
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Date: |
2003 |
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Size: |
9KB total |
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Price: |
$31 |
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ID: |
#176869 |
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AGREEMENT
Agreement made in Reggio Emilia, by and between
Knight Italia S.p.A., a company incorporated in accordance with the laws of Italy, with registered offices in Milano (Italy), Corso di Porta Nuova n. 15, registration with the Registro delle Imprese of Milano and Tax Code No 04081310965, duly represented by Mr. Franco Laurenti (Knight),
- on the one side -
and
LOUD Technologies Inc., a U.S. company currently having its registered offices in Woodinville, Washington, U.S.A., duly represented by James Trevor Engen and Timothy Paul ONeil (LOUD);
Mackie Designs (Netherlands) B.V., a Dutch company currently having offices at its registered offices in Amsterdam (Netherlands), duly represented by James Trevor Engen and Timothy Paul ONeil (Mackie B.V.)
- on the other side -
(Knight, LOUD , and Mackie B.V., collectively indicated as the Parties)
WITNESSETH
WHEREAS, Mackie Designs (Italy) S.p.A. is a Societ per azioni, with registered office at Reggio Emilia, Via Raffaello n. 13, registered with the Registro delle Imprese of Reggio Emilia, No. 01867001206 (Mackie Italy or the Company), and is engaged in the business of manufacturing and selling audio products;
WHEREAS, all the shares of Mackie Italy (the Shares) are held by Mackie B.V.;
WHEREAS, Mackie Italy is a company in distressed financial conditions and is going to file imminently for a Concordato Preventivo con cessione dei beni procedure (the Concordato Petition);
WHEREAS, the Concordato Preventivo petition will include an irrevocable offer by Knight as already anticipated to liquidators and hereby attached sub A, (Knights Offer) , and an irrevocable offer by LOUD as detailed in Paragraph 1.2 (LOUDs Offer); both irrevocable offers will be attached to the Concordato Preventivo petition;
WHEREAS, as ancillary agreement to its Offer, Knight will buy the Shares from Mackie B.V. according to Paragraph 2, and furthermore will pay some expenses to be borne by LOUD, as detailed in Paragraph 3;
NOW, THEREFORE, based on the above premises, the parties agree as follows.
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