FIRST AMENDMENT TO FINANCIAL ADVISORY AGREEMENT
Exhibit 10.1
FIRST AMENDMENT TO FINANCIAL ADVISORY AGREEMENT
FIRST AMENDMENT, dated as of December 15, 2007, to Financial Advisory Agreement dated as of October 15, 2007 (the “Principal Agreement”), by and between Ascendia Brands, Inc., with principal offices at 000 Xxxxxxxx Xxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxx, XX 00000 and Xxxx Xxxxx Advisory Group LLC and Xxxx Xxxxx Securities LLC, a registered securities broker, each with principal offices at 000 Xxxxx Xxxxxx, Xxx Xxxx XX 00000.
WHEREAS “Phase I” of the Principal Agreement (as defined in Section 2 thereof) terminates by its terms on December 15, 2007; and
WHEREAS the Parties wish to extend Phase I by a period of sixty (60) days;
NOW, THEREFORE, it is hereby agreed as follows:
1. Amendment of Principal Agreement: Section 2 (“Scope”) of the Principal Agreement is hereby amended by inserting the words “February 13” in lieu of the words “December 15” in the parenthetical definitions following the captions “Phase I” and “Phase II”.
2. Remaining Provisions: Except as set forth in Section 1 hereof, all provisions of the Principal Agreement shall remain in full force and effect in accordance with their terms.
3. Governing Law: This agreement shall be governed by and construed in accordance with the laws of the state of New York.
IN WITNESS WHEROF, the parties have caused this agreement to be executed as of the date first above written.
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By: |
/s/ Xxxxxx Xxxxxxxxx |
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Xxxxxx Xxxxxxxxx |
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General Counsel |
XXXX XXXXX ADVISOY GROUP LLC
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By: |
/s/ Xxxx X. Xxxxxxx |
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Xxxx X. Xxxxxxx |
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Partner |
