EXHIBIT 10.21
AMENDMENT AGREEMENT
DATE: May ___, 1996
PARTIES: Loyal and Xxxxx Xxxxxxxx ("Xxxxxxxx")
0000 X.X. Xxxxxxx
Xxxxxxxxx, Xxxxxxxxxx 00000
Xxxxxx and Xxxxxxx Xxxxxxxx ("Xxxxxxxx")
0000 X.X. Xxxxxxx
Xxxxxxxxx, Xxxxxxxxxx 00000
Eagle Pacific Industries, Inc. ("EPII")
(formerly Black Hawk Holdings, Inc.)
0000 Xxxxxxxxxxxx Xxxxxx
000 Xxxxx Xxxxxxx Xxxxxx
Xxxxxxxxxxx, Xxxxxxxxx 00000
RECITALS:
A. The parties hereto are all of the parties to that certain
registration rights agreement dated as of July 10, 1995 (the
"Registration Rights Agreement").
B. The parties hereto are also all parties to that certain
agreement by and among the parties hereto, Pacific Plastic,
Inc. and Pacific Acquisition Corp. dated as of July 10, 1995
(the "Stock Agreement").
C. The Registration Rights agreement provides for certain
registration rights with respect to shares of stock of EPII
obtained by Xxxxxxxx and Xxxxxxxx pursuant to that stock
purchase agreement by and among the parties hereto and Pacific
Plastics, Inc. dated July 6, 1995 (the "Purchase Agreement")
but does not cover the shares of stock of EPII obtained by
Xxxxxxxx and Xxxxxxxx pursuant to the Stock Agreement.
D. The parties hereto desire to amend both the Registration
Rights Agreement and the Stock Agreement.
AGREEMENT:
The parties hereto, each intending to be legally bound, agree as
follows:
1. The Registration Rights Agreement is amended by amending the
definition of "Shareholder's Shares" in Article 1 thereof to
read as follows:
"Shareholder's Shares" means the shares of Common Stock issued to the
Shareholder pursuant to the Purchase Agreement and issued to the
Shareholder pursuant to that certain agreement dated as of July 10,
1995 by and among Black Hawk, the Shareholders and certain other
parties pursuant to which the Shareholders acquired in the aggregate
84,210 shares of Common Stock, or any other shares of Common Stock of
Black Hawk issued in respect of such shares in connection with any
stock split, stock dividend, reclassification, recapitalization, or
similar event.
2. The Stock Agreement is amended by deleting therefrom the
provisions of Section 3 thereof.
IN WITNESS WHEREOF, the undersigned have executed this agreement as of
the day and year first above written.
EAGLE PACIFIC INDUSTRIES, INC.
(formerly Black Hawk Holdings, Inc.)
By:___________________________________
Xxxxxxx X. Xxxxx, President
______________________________________
Xxxxx Xxxxxxxx
______________________________________
Xxxxx Xxxxxxxx
______________________________________
Xxxxxx Xxxxxxxx
______________________________________
Xxxxxxx Xxxxxxxx
