EXHIBIT 10.37
[XXXXXX CAPITAL PARTNERS LETTERHEAD]
July 8, 2002
PRIVILEGED AND CONFIDENTIAL
Xx. Xxxxxx X. Xxxxx
Executive Vice President, General Counsel and Secretary
Brightpoint, Inc.
000 Xxxx 00xx Xx., Xxxxx 000
Xxxxxxxxxxxx, XX 00000
Dear Xx. Xxxxx:
The purpose of this letter is to amend the agreement dated June 6, 2002 (the
"Agreement") with Brightpoint, Inc. and its wholly and majority owned
subsidiaries (collectively, the "Company" or "Brightpoint"), concerning the
engagement of Xxxxxx Capital Partners ("Xxxxxx").
From henceforth the first paragraph of section 1 of the Agreement shall be
deleted in its entirety and replaced with the following paragraph in its place
and stead:
1. Engagement: Xxxxxx is being retained to provide financial advisory services
for the Company in connection with the analysis, design and formulation of
financial restructuring options and, subsequently, the execution of a
restructuring plan adopted by the company. Xxxxxx is hereby engaged to render
financial advisory and, to the extent provided below, investment banking
services to the Company in relation to the areas described herein. Xxxxxx
agrees to staff this assignment with the following indicidual: Xxxx Xxxxxx,
Senior Managing Director; Xxxxxxx Xxxxxxx, Managing Director; Xxxxxx
Xxxxxxxx, Vice President; one associate and one analyst.
Except as expressly amended hereby, all other terms and conditions in the
Agreement shall remain in full force and effect.
1
[XXXXXX CAPITAL PARTNERS LETTERHEAD]
XXXXXX CAPITAL PARTNERS
By: /s/ Xxxxxx Xxxxxxxx
--------------------
Xxxxxx Xxxxxxxx
Its: Vice President
BRIGHTPOINT, INC.
By: /s/ Xxxxxx X. Xxxxx
--------------------
Xxxxxx X. Xxxxx
Its: Executive Vice President,
General Counsel and Secretary
