ASSET PURCHASE AGREEMENT BY AND BETWEEN COMMERCE ONE, INC., COMMERCE ONE OPERATIONS, INC. as Seller AND COMMERCE ACQUISITION LLC as Buyer AND COMVEST INVESTMENT PARTNERS II LLC AND as Secured Creditors for the limited purposes set forth herein DATED...Asset Purchase Agreement • October 7th, 2004 • Commerce One Inc / De/ • Services-computer integrated systems design • California
This Asset Purchase Agreement (this "Agreement") is made and entered into as of this 6th day of October, 2004 by and between Commerce One, Inc., a Delaware corporation, Commerce One Operations, Inc., a Delaware corporation and wholly-owned subsidiary of Commerce One, Inc. (collectively Commerce One, Inc. and Commerce One Operations, Inc. are referred to herein as the "Seller"), Commerce Acquisition LLC, a Delaware limited liability company (the "Buyer") and, solely for the purposes as specifically set forth herein, ComVest Investment Partners II LLC ("ComVest") and DCC Ventures, LLC ("DCC") (collectively, the "Secured Creditors") .
