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EXHIBIT 10.40
[THE GAINSCO COMPANIES LETTERHEAD]
October 31, 1995
Xx. Xxxxxx X. Xxxxx
Senior Vice President
XXXXXXX, INC.
0000 Xxxx Xxxxx
Xxxxxxxxx 00000
Dear Xx. Xxxxx:
The purpose of this letter is to supplement the change in control
agreement (the "Change in Control Agreement") between you and GAINSCO Service
Corp. dated April 9, 1990 in order to clarify the method by which notice can be
given by one party to the other.
Section 6 of the Change in Control Agreement shall be amended to read
as follows:
"6. Notice. For the purpose of this Agreement,
notices and all other communications provided for in the
Agreement shall be in writing and shall be deemed to have been
duly given when delivered or mailed by United States
registered mail, return receipt requested, postage pre-paid,
addressed as follows:
If to the Company:
GAINSCO Service Corp.
Attn: President
000 Xxxxxxxx Xxxxxx
Xxxx Xxxxx, Xxxxx 00000-0000
If to you:
Xxxxxx X. Xxxxx
4930 High Creek
Arlington 76017
or to such other address as either party may have furnished to
the other in writing in accordance herewith, except that
notice of change of address shall be effective only upon
receipt."
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If the proposed amendment to Section 6 set forth above is acceptable,
please sign this letter in the place provided below. The second copy of this
letter is for your records.
GAINSCO Service Corp.
By: /s/ Xxxxxx X. Xxxxxxx
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Xxxxxx X. Xxxxxxx
Its President
ACCEPTED:
/s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx
