Exhibit 10.9.10
AMENDMENT TO STOCK PURCHASE WARRANT
THIS AMENDMENT TO STOCK PURCHASE WARRANT (this "Amendment"), dated
as of July 30, 1996, is between ECQA ACQUISITION CORP., a Delaware corporation
(the "Company"), and SIRROM CAPITAL CORPORATION, a Tennessee corporation
("Sirrom").
WHEREAS, the Company and Sirrom are parties to that certain Stock
Purchase Warrant, dated as of June 28, 1996, respecting Xxxxxx's right to
purchase up to 0.625% of the capital stock of the Company (the "Warrant"); and
WHEREAS, the Company has requested that Xxxxxx make certain changes
to the Warrant and Xxxxxx is willing to make such changes;
NOW, THEREFORE, in consideration of the premises, the parties, each
intending to be legally bound hereby, agree as follows:
1. Increase in Series C Preferred Stock Section 9(c)(ii)(B) of the
Warrant is hereby amended by replacing the phrase "(up to $13,000,000)"
contained therein with the phrase "(up to $15,000,000)".
2. Full Force and Effect of Warrant. Except, and solely to the
extent, that the same have been specifically modified, amended or supplemented
by this Amendment, all of the terms and conditions of the Warrant shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
as of the date first above written.
FCOA ACQUISITION CORP. SIRROM CAPITAL CORPORATION
By: Xxxxxxx X. Xxxxxxx By: [ILLEGIBLE]
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Title: Chairman of the Board Title: CFO
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