AMENDMENT NO. 1 TO THE STOCKHOLDERS AGREEMENT AMENDMENT NO. 1
Exhibit 99.3
AMENDMENT NO. 1 TO THE STOCKHOLDERS AGREEMENT
AMENDMENT NO. 1
This AMENDMENT NO. 1 (this “Amendment”) to that certain Agreement, dated as of May 29, 2013 (the “Agreement”), by and between each of the entities listed on Exhibit A thereto (each such entity and any other person who becomes bound by the Agreement as contemplated by clause (a) of Section 1 thereof, a “Stockholder” and collectively, the “Stockholders”), is entered into as of October 11, 2013 by and between the Stockholders party hereto.
WHEREAS, the Stockholders wish to extend the term of the Agreement;
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and intending to be legally bound, the parties agree as follows:
1. Term and Termination. Section 4(a) of the Agreement is hereby amended to read as follows: “Unless earlier terminated pursuant to paragraph (b) of Section 4, the term of the Agreement shall be a period expiring on May 29, 2014.”.
2. Miscellaneous. Except for clauses (a), (d) and (l) thereof, Section 5 of the Agreement is incorporated herein, mutatis mutandis.
3. Ratification. Except as specifically amended herein, all terms and conditions of the Agreement are hereby ratified and confirmed in all respects and shall remain in full force and effect.
[Signature page follows.]
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed as of the day and year written above.
SPH MANAGER, LLC | SPECTRUM GROUP MANAGEMENT, LLC | |||||||
By: | /s/ Xxxxxx X. Mulé |
By: | /s/ Xxxxxxx Xxxxxxxx |
Name: Xxxxxx X. Mulé | Name: Xxxxxxx Xxxxxxxx |
Title: Member | Title: Managing Member |
Address: | x/x Xxxxxx Xxxxx Xxxxxxx, X.X. 0 Xxxxxxxxx Xxxxx Xxxxxxxxx, XX 00000 |
Address: | 0000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 | |||||
Facsimile: | Facsimile: | 000-000-0000 | ||||||
HIGHLAND CAPITAL MANAGEMENT LP | COURAGE CAPITAL MANAGEMENT, LLC |
By: | /s/ Xxxxxx Xxxxx |
By: | /s/ Xxxxxxx X. Xxxxxx |
Name: Xxxxxx Xxxxx | Name: Xxxxxxx X. Xxxxxx | |||||||
Title: Authorized Signatory | Title: Chief Manager |
Address: | 000 Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxx, XX 00000 |
Address: | 0000 Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 | |||||
Facsimile: | Facsimile: | |||||||
ONE EAST PARTNERS MASTER, L.P. | ONE EAST PARTNERS OPPORTUNITIES, L.P. |
By: | /s/ Xxxxx Xxxxxxxx |
By: | /s/ Xxxxx Xxxxxxxx |
Name: Xxxxx Xxxxxxxx | Name: Xxxxx Xxxxxxxx |
Title: Managing Partner | Title: Managing Partner |
Address: | 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 |
Address: | 000 Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 | |||||
Facsimile: | 000-000-0000 | Facsimile: | 000-000-0000 |