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Exhibit 10.13
FIRST AMENDMENT
TO
MEMBERSHIP INTERESTS PURCHASE AGREEMENT
FIRST AMENDMENT TO MEMBERSHIP INTERESTS PURCHASE AGREEMENT, dated as
of May 29, 1998 (the "First Amendment"), by and among SpectraSite
Communications, Inc., a Delaware corporation (the "Company"), Xxxxxxx X.
Xxxxxxx ("Xxxxxxx"), Xxxxx X. Xxxxx ("Xxxxx"), and H&K Investments, LLC, a
Missouri limited liability company ("H&K").
WHEREAS, the Company, Hawkins, Keuck, and H&K are parties to a
Membership Interests Purchase Agreement, dated December 31, 1997 (the "Purchase
Agreement");and
WHEREAS, pursuant to Section 12.14 of the Purchase Agreement, the
Company, Hawkins, Keuck, and H&K desire to amend and modify the provisions of
the Purchase Agreement in the manner and to the extent set forth herein.
NOW, THEREFORE, in consideration of the mutual agreements set forth
herein, the Company, Hawkins, Keuck, and H&K hereby agree as follows:
1. Amendment of Section 9.1. The reference in the first sentence
of Section 9.1 of the Purchase Agreement to May 1, 1998 is hereby changed to
June 10, 1998. The reference in the first sentence of Section 9.1 of the
Purchase Agreement to June 1, 1998 is hereby changed to June 30, 1998.
2. Amendment to Section 11.1(e). The reference in the first
sentence of Section 11.1(e) of the Purchase Agreement to June 1, 1998 is hereby
changed to June 30, 1998.
3. Effect of First Amendment. The provisions of the Purchase
Agreement are hereby amended and modified by the provisions of this First
Amendment. If any of the provisions of the Purchase Agreement are materially
different from or inconsistent with the provisions of this First Amendment, the
provisions of this First Amendment shall control, and the provisions of the
Purchase Agreement shall, to the extent of such difference or inconsistency, be
deemed to be amended and modified.
4. Single Agreement. This First Amendment and the Purchase
Agreement, as amended and modified by the provisions of this First Amendment,
shall constitute and shall be construed as a single agreement. The provisions
of the Purchase Agreement, as amended and modified by the provisions of this
First Amendment, are incorporated herein by this reference and are ratified and
affirmed.
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IN WITNESS WHEREOF, this First Amendment has been executed and
delivered by the Company, Hawkins, Keuck, and H&K as of the date first written
above.
SPECTRASITE COMMUNICATIONS, INC.
By /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx
Chief Financial Officer
/s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
/s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx
H&K INVESTMENTS, LLC
By /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx
President
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