Exhibit EE
AMENDED AND RESTATED
JOINT FILING AGREEMENT AMONG
LCO INVESTMENTS LIMITED, THE ERSE TRUST,
CAP ADVISERS LIMITED, XXXXXXX X. XXXXXX,
THE LCP II TRUST, AMP TRUST AND
CAP CHARITABLE FOUNDATION
Agreement, dated as of January 17, 2003 among LCO Investments
Limited, The ERSE Trust, CAP Advisers Limited, Xxxxxxx X. Xxxxxx, LCP II Trust,
AMP Trust and CAP Charitable Foundation.
W I T N E S S E T H:
WHEREAS, this Agreement amends and restates the Joint Filing
Agreement among LCO Investments Limited, The ERSE Trust, CAP Advisers Limited,
Xxxxxxx X. Xxxxxx, LCP II Trust and AMP Trust, dated as of December __; 2001 and
WHEREAS, in accordance with Rule 13d-1(k) under the Securities
and Exchange Act of 1934 (the "Act"), only one Statement and any amendments
thereto need be filed whenever two or more persons are required to file such
Statement or amendments thereto pursuant to Section 13(d) of the Act with
respect to the same securities, provided that said persons agree in writing that
such Statement or any amendments thereto is filed on behalf of them.
NOW, THEREFORE, in consideration of the premises and mutual
agreements herein contained, the parties hereto agree as
follows:
LCO Investments Limited, the ERSE Trust, CAP Advisers Limited,
Xxxxxxx X. Xxxxxx, LCP II Trust, AMP Trust and CAP Charitable Foundation do
hereby agree, in accordance with Rule 13d-1(k) under the Act, to file one joint
statement on Schedule 13D relating to their ownership of the Common Stock of
BriteSmile, Inc., and do hereby further agree that Amendment No. 14 to Schedule
13D and any amendments hereafter required to be made to such joint statement
shall be filed on behalf of each of them.
LCO INVESTMENTS LIMITED
By: /s/ Xxxxxx Xxxxxxx
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Xxxxxx Xxxxxxx, Attorney-in-Fact
THE ERSE TRUST
By: /s/ Xxxxxx Xxxxxxx
---------------------------------------
Xxxxxx Xxxxxxx, Attorney-in-Fact
CAP ADVISERS LIMITED
By: /s/ Xxxxxx Xxxxxxx
---------------------------------------
Xxxxxx Xxxxxxx, Attorney-in-Fact
/s/ Xxxxxx Xxxxxxx
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Xxxxxxx X. Xxxxxx, by Xxxxxx Xxxxxxx,
Attorney-in-Fact
LCP II TRUST
By: /s/ Xxxxxx Xxxxxxx
---------------------------------------
Xxxxxx Xxxxxxx, Attorney-in-Fact
AMP TRUST
By: /s/ Xxxxxx Xxxxxxx
---------------------------------------
Xxxxxx Xxxxxxx, Attorney-in-Fact
CAP CHARITABLE FOUNDATION
By: /s/ Xxxxxx Xxxxxxx
----------------------------------------
Xxxxxx Xxxxxxx, Attorney-in-Fact
