EXHIBIT 10.49.01
FIRST AMENDMENT TO SIDE LETTER AGREEMENT
THIS FIRST AMENDMENT TO SIDE LETTER AGREEMENT (the "Amendment") dated
the 6th day of November, 2000, by and among eUNIVERSE, INC., a Nevada
corporation ("eUniverse"), TAKE-TWO INTERACTIVE SOFTWARE, INC., a Delaware
corporation ("T2") and XXXX X XXXXXXXXX, an individual residing in Los Angeles,
California ("Xxxxxxxxx").
RECITALS:
1. eUniverse, T2 and Xxxxxxxxx have executed that certain Side Letter
Agreement dated October 30, 2000 (the "Agreement"); and
2. The parties desire to amend the Agreement as set forth herein.
AGREEMENT:
NOW, THEREFORE, in consideration of the covenants and agreements
contained in the Agreement, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. AMENDMENT TO AGREEMENT. The Agreement is hereby amended by extending the
Closing date in the first sentence of the first paragraph of Section 5 (General
Provisions) from November 6, 2000 to November 13, 2000. For the avoidance of
doubt, the parties hereto hereby extend the Closing date to on or before, but to
no later than, November 13, 2000, and confirm that the Closing of the Agreement
is contingent upon the consummation of the Closing of that certain Letter
Agreement dated October 30, 2000 by and among eUniverse, T2 and Xxxxxxx Xxxxxxx
by no later than November 13, 2000.
2. MISCELLANEOUS.
A. All capitalized terms not otherwise defined in this Amendment shall
have the meanings set forth in the Agreement.
B. Except as otherwise provided herein, the terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Amendment to be duly executed by their respective authorized representatives the
day and year first above written.
TAKE-TWO INTERACTIVE SOFTWARE, INC.
By: /s/ Xxxx X. Xxxxx
----------------------------------- /s/ Xxxx X. Xxxxxxxxx
Name: Xxxx X. Xxxxx -------------------------------
Its: Chief Executive Officer Xxxx X. Xxxxxxxxx
eUNIVERSE, INC.
By: /s/ Xxxxx Xxxxxx
-----------------------------------
Name: Xxxxx Xxxxxx
Its: Co-President
