EX-2.(B)
from SC 13D
6 pages
A. Pursuant to Section 6.4 of the Agreement, the Company and the Investor May Amend the Agreement in Writing; and B. the Parties Desire to Make Certain Amendments to the Agreement as Set Forth Below. Now, Therefore, in Consideration of the Foregoing Mutual Covenants Contained in This Agreement, and for Other Good and Valuable Consideration, the Receipt and Adequacy of Which Are Hereby Acknowledged, the Company and the Investor Hereby Agree as Follows: 1.1 Amendments. (A) the Term “Pro Forma Basis” Is Hereby Deleted From the List of Defined Terms in the Agreement. (B) Recital a of the Agreement Is Hereby Amended and Restated as Follows
12/34/56
EX-2.(A)
from SC 13D
3 pages
A. Pursuant to Section 6.4 of the Agreement, the Company and the Investor May Amend the Agreement in Writing; and B. the Parties Desire to Make Certain Amendments to the Agreement as Set Forth Below. Now, Therefore, in Consideration of the Foregoing Mutual Covenants Contained in This Agreement, and for Other Good and Valuable Consideration, the Receipt and Adequacy of Which Are Hereby Acknowledged, the Company and the Investor Hereby Agree as Follows: 1.1 Amendments. (A) the Agreement Is Hereby Amended by Replacing Each Instance of “$0.75” With “$0.50” in Each of Recitals A, B and C and Sections 1.1 and 1.2(c)(ii)(m) of the Agreement. (B) the Agreement Is Hereby Amended by Replacing Each Instance of “25%” With “32.5%” in Each of Recital C and Section 1.2(c)(ii)(m) of the Agreement
12/34/56
