EXHIBIT 99.22
AMENDMENT AGREEMENT
This Amendment Agreement (the "Agreement") is executed and entered into
effective as of August 1, 2001 by and among Xxxx X. XxXxxx ("XxXxxx"), and Xxxx
X. Xxxxxx ("Savage") and Savage Interests L.P., a Delaware limited partnership
(together with Savage, the "Savage Parties").
RECITALS:
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XxXxxx and the Savage Parties are parties to the following documents
(collectively, the "Existing Savage Agreements"): (i) Stock Purchase Agreement,
dated as of March 3, 2001, by and between XxXxxx and the Savage Parties (the
"Stock Purchase Agreement"); (ii) Promissory Note of the Savage Parties to
XxXxxx, dated March 3, 2001, in the original principal amount of $887,000 (the
"Note"); and (iii) Pledge Agreement, dated March 3, 2001, by and between XxXxxx
and the Savage Parties, which secures payment of the Note (the "Pledge
Agreement").
The parties hereto desire to amend the Existing Savage Agreements.
In consideration of the premises and the agreements herein contained, and
intending to be bound hereby, the parties hereby agree as follows:
1. Amendments to Existing Savage Agreements.
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(a) That the Stock Purchase Agreement be amended so that the Closing Date
and Termination Date, as each is defined in the Stock Purchase Agreement, shall
be March 3, 2004 rather than September 15, 2001, and each reference to
"September 15, 2001" in the Stock Purchase Agreement shall be deleted in its
entirety and replaced by "March 3, 2004."
(b) That the Note be amended so that the maturity date of the Note shall
be March 3, 2004 rather than September 15, 2001, and each reference to
"September 15, 2001" in the Note shall be deleted in its entirety and replaced
by "March 3, 2004."
(c) That all references to the "Note" in the Pledge Agreement shall be
deemed to refer to the Note, as amended by the previous paragraph.
2. Miscellaneous.
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(a) Effect. Except as amended hereby, the Existing Savage Agreements shall
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remain in full force and effect.
(b) Descriptive Headings. The descriptive headings in this Agreement are
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inserted for convenience only and do not constitute a part of this Agreement.
(c) Governing Law. The construction, validity and interpretation of this
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Agreement will be governed by and construed in accordance with the domestic laws
of the State of Texas
without giving effect to any choice of law or conflict of law provision or rule
(whether of the State of Texas or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than the State of Texas.
(d) Counterparts. This Agreement may be executed in any number of
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counterparts, all of which taken together shall constitute one and the same
instrument, and each of the parties hereto may execute this Agreement by signing
any such counterpart. Facsimile signatures shall be accepted for all purposes as
original signatures.
IN WITNESS WHEREOF, this Amendment Agreement has been executed by the
parties hereto as of the day and year first above set forth.
SAVAGE PARTIES:
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Xxxx X. Xxxxxx
SAVAGE INTERESTS, L.P.
By: X.X. Xxxxxx Interests G.P. L.L.C.
Its: General Partner
By:
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Name: Xxxx Xxxxxx
Title: President
XXXXXX:
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Xxxx X. XxXxxx
