AMENDMENT NO. 1 TO JOINT FILING AGREEMENT
Exhibit 99.1
AMENDMENT NO. 1 TO
WHEREAS, Xxxxx Xxxx Partners, L.P., Xxxxx Hill Capital, LLC, Xxxxx Xxxxxxx, Potomac Capital Partners, L.P., Potomac Capital Management, L.L.C., Potomac Capital Partners II, L.P., Potomac Capital Management II, L.L.C., Potomac Capital Partners III, L.P., Potomac Capital Management III, L.L.C., Xxxx X. Xxxxx, and Xxxx Xxxxxx entered into a Joint Filing Agreement on January 25, 2013 (the “Agreement”);
WHEREAS, on February 8, 2013, each of Xxxxxx Xxxxxxxxxx, Xxxx Xxxxxxxxx, Xxxxx Xxxxxxx, Xxxx Xxxxxxxx, Xxxxx Xxxxx and Xxxxxxx Xxxxxx entered into a joinder agreement to the Agreement, pursuant to which each of Messrs. Colombatto, Leventhal, Masters, Schwartz, Singh and Xavier agreed to be bound by the terms and conditions set forth therein; and
WHEREAS, each of Xxxxxx Xxxxxxxxxx, Xxxx Xxxxxxxx, Xxxxx Xxxxx and Xxxxxxx Xxxxxx now wishes to be removed as a party to the Agreement.
NOW, IT IS AGREED, this 13th day of May 2013 by the parties hereto:
1. Each of Xxxxxx Xxxxxxxxxx, Xxxx Xxxxxxxx, Xxxxx Xxxxx and Xxxxxxx Xxxxxx is hereby removed as a party to the Agreement and his respective obligations under the Agreement are hereby terminated.
2. Each of the remaining parties to the Agreement shall continue to be bound by the terms of the Agreement, the terms of which are incorporated herein and made a part hereof.
3. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart.
[signature page on next page]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed as of the day and year first above written.
|
XXXXX HILL PARTNERS, L.P.
|
|||
|
By:
|
Xxxxx Xxxx Capital, LLC
General Partner
|
||
|
By:
|
/s/ Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx X. Xxxxxxx
|
||
|
Title:
|
Manager
|
||
|
XXXXX HILL CAPITAL, LLC
|
|||
|
By:
|
/s/ Xxxxx X. Xxxxxxx
|
||
|
Name:
|
Xxxxx X. Xxxxxxx
|
||
|
Title:
|
Manager
|
||
|
/s/ Xxxxx X. Xxxxxxx
|
|
|
XXXXX X. XXXXXXX
Individually and as attorney-in-fact for Xxxx Xxxxxxxxx and Xxxxx Xxxxxxx
|
|
POTOMAC CAPITAL PARTNERS L.P.
|
||
|
By:
|
Potomac Capital Management, L.L.C.
|
|
|
General Partner
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Managing Member
|
|
|
POTOMAC CAPITAL MANAGEMENT, L.L.C.
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Managing Member
|
|
|
POTOMAC CAPITAL PARTNERS II, L.P.
|
||
|
By:
|
Potomac Capital Management II, L.L.C.
|
|
|
General Partner
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Co-Managing Member
|
|
|
POTOMAC CAPITAL MANAGEMENT II, L.L.C.
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Co-Managing Member
|
|
|
POTOMAC CAPITAL PARTNERS III, L.P.
|
||
|
By:
|
Potomac Capital Management III, L.L.C.
|
|
|
General Partner
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Co-Managing Member
|
|
|
POTOMAC CAPITAL MANAGEMENT III, L.L.C.
|
||
|
By:
|
/s/ Xxxx X. Xxxxx
|
|
|
Name:
|
Xxxx X. Xxxxx
|
|
|
Title:
|
Co-Managing Member
|
|
|
/s/ Xxxx X. Xxxxx
|
|
|
XXXX X. XXXXX
|
|
/s/ Xxxx Xxxxxx
|
|
|
XXXX XXXXXX
|
