[ECA LOGO]
Exhibit 10.2(a)
[Confidential Portions Omitted]
December 12, 2003
Xx. Xxx Xxxxx
CEO
Bam Entertainment, Inc .
000 Xxxx Xxxxx Xxxxx Xx., Xxxxx 000
Xxx Xxxx, XX 00000
Dear Xxx,
Reference is made to that certain engagement letter between Europlay Capital
Advisors, LLC and BAM Entertainment, Inc. dated November 17, 2003 (the
"Engagement Letter"). The parties hereby agree to amend the Engagement Letter as
follows (all capitalized terms not defined herein shall have the meaning
ascribed in the Engagement Letter):
1. The term "Agreed Entity" shall be deemed to include the following
parties: (a) [*], (b) [*] and (c) [*].
2. The term "Covered Person" shall be deemed to include the following
parties: (a) [*], (b) [*] and (c) [*].
All other terms of the Engagement Letter are hereby ratified and confirmed.
Please confirm your agreement to the foregoing by signing and returning this
letter to ECA.
Very truly yours,
EUROPLAY CAPITAL ADVISORS, LLC
By: /s/ Xxxxxx Xxxxxxx
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Title: Managing Director
Accepted and agreed as of the
date first above written:
BAM ENTERTAINMENT, INC.
By: /s/ Xxxxxxx Xxxxx
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Title: Chief Executive Officer
00000 Xxxxxxx Xxxx., Xxxxx 000, Xxxxxx, XX 00000
Phone (000) 000-0000 Fax (000) 000-0000
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* Confidential portion omitted and filed separately with the Commission.