EX-10.23
from S-1/A
3 pages
1. Pursuant to Paragraph 9 of the Fee Letter and Notwithstanding Paragraph 13 Thereof, Each of [ ] and the Company Agree to Terminate the Fee Letter and the Company’s Preexisting Obligation to Pay the Annual Fee in Consideration for the Payment of the Termination Fee (As Defined Below) to [ ], Such Termination to Be Effective Upon the Consummation of the Initial Public Offering of the Company’s Common Stock (The Date of Such Consummation, the “Ipo Closing Date”) and the Payment of the Termination Fee Referred to Below. 2. the Company Agrees to Pay [ ] a Fee Equal to Its Pro Rata Share of an Amount Equal to Ten Million Dollars ($10,000,000) (The “Termination Fee”), Such Fee to Be Payable in Immediately Available Funds on the Ipo Closing Date. 3. for the Avoidance of Doubt, It Is Expressly Understood That Paragraphs 4-6, 8, 11 and 12 of Fee Letter Will Survive in Their Entirety
12/34/56