October 2, 1995
BOTI Acquisition Corp.
BOTI Holdings, Inc.
00000 Xxxx Xxxxxxxx Xxxxxx
Xxxxxxxxx, Xxxxxxxx 00000
ATTENTION: Xxxxxx X. Xxxxxxx
Gentlemen:
We refer to the Agreement and Plan of Merger ("Merger Agreement") dated as
of July 24, 1995, between you and the undersigned. You have requested that the
date in Section 7.1(f) of the Merger Agreement that was previously changed to
October 2, 1995, now be changed to October 16, 1995.
The Investment Committee and the Board of Directors of the Company, on
behalf of the Company, have approved that request on the conditions that you
understand that the Company will agree to no further changes to Section 7.1(f)
and that you again agree that the Company will delay incurring additional
expenditures with respect to its proxy statement until the Company has been
advised that you have satisfied or waived the condition in Section 6.2(h). Such
delay shall be considered to be consistent with our responsibilities under
Section 1.8 and Section 5.1 of the Merger Agreement.
Please sign your acceptance below.
Yours very truly,
BIG O TIRES, INC.
By: /s/ Xxxx X. Xxxxxxx
Xxxx X. Xxxxxxx, Chairman
ACCEPTED:
BOTI Acquisition Corp. BOTI Holdings, Inc.
By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx, President Xxxxxx X. Xxxxxxx, President
