Exhibit (d) (9)
D&B HOLDINGS I, INC.
D&B ACQUISITION SUB, INC.
c/o Gibson, Xxxx & Xxxxxxxx LLP
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
October 28, 2002
Xxxx & Buster's, Inc.
0000 Xxxxxx Xxxxx
Xxxxxx, Xxxxx 00000
Attention: Xxxx Xxxxxxxxx
Dear Sir or Madam:
Reference is made to that certain Agreement and Plan of Merger (the
"Agreement"), dated as of May 30, 2002, between D&B Holdings I, Inc., a Delaware
corporation ("Parent"), D&B Acquisition Sub, Inc., a Missouri corporation
("Purchaser"), and Xxxx & Buster's Inc., a Missouri corporation (the "Company"),
as such Agreement shall have been amended from time to time.
Pursuant to Section 8.1(a) of the Agreement, Parent, Purchaser and the
Company hereby terminate the Agreement effective as of October 24, 2002.
Please countersign this letter in the space provided below to indicate your
approval of the foregoing. This letter agreement may be signed in any number of
counterparts, each of which shall be an original, with the same effect as if the
signatures thereto and hereto were upon the same instrument.
Very truly yours,
D&B HOLDINGS I, INC.
D&B ACQUISITION SUB, INC.
By: /s/Xxxxx Xxxxx
-----------------------------------
Name: Xxxxx Xxxxx
Title: President
Accepted and agreed:
XXXX & BUSTER'S, INC.
By: /s/ Xxxxx X. Xxxxxxxxx
----------------------------------
Name: Xxxxx X. Xxxxxxxxx
Title: President
