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EXHIBIT 10.6
[EarlyBird Letterhead]
September 12, 1997
Xx. Xxxxx Xxxxxxxxx
Chief Executive Officer
DMS Corp.
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, XX 00000
Dear Xx. Xxxxxxxxx:
This letter confirms our agreement that in connection with the acquisition
of EarlyBird Courier Service, LLC by DMS Corp. and the contemplated Initial
Public Offering of common stock $.01 par value per share in DMS Corp., or the
entity utilized for the public offering you shall cause all shareholders under
the control of DMS Corp. (e.g., the Class A members and others) to vote for my
election to the Board of Directors of the public company.
We agree that you will cause DMS Corp.'s attorneys to prepare, and have
the other shareholders as discussed above execute, a formal Voting Trust
Agreement reflecting our understanding no later than the closing in escrow as
defined in the Asset Purchase Agreement. This Voting Trust Agreement is of the
essence of our transaction.
Very truly yours,
/s/ Xxxxxxx Xxxxxxx
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Xxxxxxx Xxxxxxx
President
Accepted & Agreed to:
DMS Corp.
By: /s/ Xxxxx Xxxxxxxxx
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Xxxxx Xxxxxxxxx, CEO
