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Exhibit 10(e)
Xxxx Xxxxxxx Holding AG
Xxxxxxxxxxxxxxxx 00
XX-0000 Xxxxxx, Xxxxxxxxxxx
December 29, 1998
The Xxxxxx Coporation
000 Xxxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000 X.X.X.
Dear Sirs:
In consideration of $1,572,576 paid by the Xxxxxx Corporation
("Turner") to Xxxx Xxxxxxx Holding AG ("Xxxxxxx"), Xxxxxxx hereby waives its
rights under the provisions of Section 5 of the Agreement Regarding Security
Holder's Rights, Obligations and Options dated July 20, 1992 between xxxxxx and
Xxxxxxx, including its rights to receive notice of each issuance or sale by
xxxxxx of any shares of its Common Stock or certain other securities and its
rights to purchase additional shares of Common Stock necessary to enable Xxxxxxx
to maintain the same percentage of the outstanding Common Stock that it owned
before Xxxxxx issued or sold such additional shares of Common Stock or other
securities, insofar as such provisions relate to shares of Common Stock or other
securities issued or sold by Xxxxxx during the period from July 20, 1992 through
December 28, 1998. The foregoing waiver relates only to the provisions of
Section 5 of such Agreement and only the period referred to, and all other
provisions of such Agreement that are presently in force and effect shall remain
in force and effect in accordance with the terms thereof.
Very truly yours,
Xxxx Xxxxxxx Holding AG
By: /s/ Xxxxxxxx Xxxxxxx-Xxxxxxx
----------------------------
Xxxxxxxx Xxxxxxx-Xxxxxxx
Agreed to:
The Xxxxxx Corporation
By:/s/ Xxxxxx X. Xxxxxxx
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Xxxxxx X. Xxxxxxx
Senior Vice President and Chief Financial Officer