EXHIBIT 9.1
AMENDMENT
TO THE
XXXXX FAMILY VOTING TRUST AGREEMENT 1991
This Amendment to the XXXXX FAMILY VOTING TRUST AGREEMENT - 1991 is made as
of the 3rd day of September, 2002, by and among XXXXXXX X. XXXXX, as Trustee
hereunder, XXXXX INDUSTRIES, INC., a Delaware Corporation, and XXXXX X. XXXXX,
Individually and as Trustee of the XXXXX X. XXXXX TRUST - 1976.
RECITALS
1. Xxxxxxx X. Xxxxx currently serves as the sole Trustee of the Home
Family Voting Trust Agreement - 1991, hereinafter referred to as the
"Voting Trust".
2. Xxxxx X. Xxxxx is currently the sole Beneficiary, and the Xxxxx X.
Xxxxx Trust - 1976 the sole Depositor/Stockholder of the Voting Trust.
3. The Xxxxx X. Xxxxx Trust - 1976 is the registered owner of 1,085,840
Voting Trust Certificates issued by the Voting Trust, representing an
equal number of shares of the Class B common stock of Xxxxx
Industries, Inc.
4. The subject Voting Trust will end on October 31, 2002 in accordance
with the terms of the Trust Agreement as previously amended as of
October 25, 2001.
5. In accordance with Section 13 of the subject Trust Agreement, the term
of the Voting Trust may be extended for an additional term not
exceeding ten years from the scheduled expiration date of the Voting
Trust.
6. Xxxxx X. Xxxxx, individually and as the sole Trustee of the Xxxxx X.
Xxxxx Trust - 1976, desires to extend the term of the Voting Trust for
a period of one year from the Voting Trust's scheduled expiration
date.
7. Xxxxxxx X. Xxxxx as Trustee hereunder has accepted the directive to
extend the term of the Voting Trust for a period of one year.
8. Xxxxx Industries, Inc. has acknowledged the directive and the
Trustee's consent and the said Corporation hereby assents to the
subject extension of the term of the Voting Trust.
AMENDMENT
In accordance with the provisions of Section 13 of the Voting Trust and
Section 218 of Delaware General Corporation Law, the term of the Voting Trust is
hereby extended for a one year period, and the Voting Trust shall continue in
accordance with the terms of the Agreement, until October 31, 2003.
In all other respects, the terms of the subject Agreement are hereby
ratified and republished in their entirety as of the date first entered above.
This Agreement may be executed in any number of counterparts with same
effect as if all parties had signed the same document, and all counterparts
shall be construed together and shall constitute the same instrument.
/s/ Xxxxxxx X. Xxxxx /s/ Xxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx, Trustee Xxxxx X. Xxxxx,
as Aforesaid Individually
Xxxxx Industries, Inc.
by: /s/ Xxxxxxx X. XxXxxxxxx /s/ Xxxxx X. Xxxxx
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Title: CFO Xxxxx X. Xxxxx
Trustee of the Xxxxx X. Xxxxx Trust - 1976
