June 25, 2003
Exhibit 10.11
June 25, 2003
Millstream
Acquisition Corporation
c/o Xxxxxx Xxxxxxx
000 Xxxxx Xxxx Xxxxx
Xxxxxxxx 000
Xxxxx, Xxxxxxxxxxxx 00000
EarlyBirdCapital, Inc.
000 Xxxxx Xxxxxx
00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Gentlemen:
Each of the undersigned hereby confirm that:
1. Section 10 of the letter agreements, dated May 9, 2003, among Millstream Acquisition Corporation ("Company"), EarlyBirdCapital, Inc. ("EBC") and each of Xxxxxx Xxxxxxx, Xx. Xxxxx X. Xxxxxxxxxxxxx, Xxxxxx X. Xxxxx, Xx. and Xxx X. Xxxx and Section 9 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of the Xxxxxxx Family Trust and J. Xxxxx X'Xxxxx, relating to the right of first refusal granted to EBC by the undersigned for public sales, is hereby deleted in its entirety; and
2. The last proviso of Section 6 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of Xxxxxx Xxxxxxx, Xx. Xxxxx X. Xxxxxxxxxxxxx, Xxxxxx X. Xxxxx, Xx. and Xxx X. Xxxx and the last proviso of Section 5 of the letter agreements, dated May 9, 2003, among the Company, EBC and each of the Xxxxxxx Family Trust and J. Xxxxx X'Xxxxx, is hereby deleted in its entirety such that Section 6 and Section 5 read as follows, respectively;
"The undersigned will not be entitled to receive and will not accept a finder's fee or any other compensation in the event the undersigned originates a Business Combination."
/s/ XXXXXX XXXXXXX Xxxxxx Xxxxxxx |
/s/ XX.XXXXX X. XXXXXXXXXXXXX Xx. Xxxxx X. Xxxxxxxxxxxxx |
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/s/ XXXXXX X. XXXXX, XX. Xxxxxx X. Xxxxx, Xx. |
/s/ XXX X. XXXX Xxx X. Xxxx |
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XXXXXXX FAMILY TRUST | ||||
By: | ||||
/s/ J. XXXXX X'XXXXX J. Xxxxx X'Xxxxx |
/s/ XXXX X. XXXXXXX Xxxx X. Xxxxxxx, Trustee |
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By: | ||||
/s/ XXXXXX X. XXXXXXX Xxxxxx X. Xxxxxxx, Trustee |
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Accepted and Agreed: | ||||
MILLSTREAM ACQUISITION CORPORATION | ||||
By: | ||||
/s/ XXXXXX XXXXXXX Xxxxxx Xxxxxxx, Chairman |
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EARLYBIRDCAPITAL, INC. | ||||
By: | ||||
/s/ XXXXXX XXXXXX Xxxxxx Xxxxxx, Chairman |
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