September 29, 2008
Exhibit 4.3
September 29, 2008
VIA FACSIMILE TO (000) 000-0000
AND FEDERAL EXPRESS
Continental Stock Transfer & Trust Company
00 Xxxxxxx Xxxxx, 0xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xx. Xxxxxxxxx Xxxxxxxx
Re: Perma-Fix Environmental Services, Inc.; Rights Agreement;
Our File No. 7034-002
Ladies and Gentlemen:
Certain subparagraphs of the Rights Agreement, dated May 2, 2008 (the “Rights Agreement”), by and between Perma-Fix Environmental Services, Inc. (the “Company”) and Continental Stock Transfer & Trust Company (the “Rights Agent”) were inadvertently numbered incorrectly. This letter agreement changes the Rights Agreement to correct such numbering system pursuant to the authority granted to the Company and the Rights Agent in Section 27 of the Rights Agreement. Effective upon the execution of this letter by the Company and the Rights Agent, the following subparagraph numbers of the Rights Agreement are changed as indicated:
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Subparagraphs 13(e) and (f) are hereby renumbered 13(a) and (b), respectfully; |
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2. |
Subparagraphs 14(e), (f) and (g) are hereby renumbered 14(a), (b) and (c), respectfully; |
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3. |
Subparagraphs 16(e), (f), (g) and (h) are hereby renumbered 16(a), (b), (c) and (d), respectfully; |
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Xxxxxxxxxxxxx 00(x), (x), (x), (x), (x), (x), (x), (x) and (m) are hereby renumbered 20(a), (b), (c), (d), (e), (f), (g), (h) and (i), respectfully; |
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5. |
Subparagraphs 23(e), (f) and (g) are hereby renumbered 23(a), (b) and (c), respectfully; |
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6. |
Subparagraphs 24(e), (f), (g) and (h) are hereby numbered 24(a), (b), (c) and (d), respectfully; and |
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7. |
Subparagraphs 25(e) and (f) are hereby renumbered 25(a) and (b), respectfully. |
Compliance Department
Continental Stock Transfer & Trust Company
September 29, 2008
Page 2
Except as expressly set forth above, the Rights Agreement remains effective without modification. This letter agreement may be signed in two counterparts, which together will constitute a single agreement. Please indicate acceptance of the foregoing by signing where indicated below.
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PERMA-FIX ENVIRONMENTAL SERVICES, INC. |
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| By: | /s/Xxxxxx Xxxxxxxx | ||
| Xxxxxx X. Xxxxxxxx | |||
| Chief Financial Officer | |||
| Dated: September 29, 2008 | |||
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| CONTINENTAL STOCK TRANSFER & TRUST COMPANY | |||
| /s/Xxxxxxxxx Xxxxxxxx | |||
| Xxxxxxxxx Xxxxxxxx, | |||
| Vice President and Senior Account Manager | |||
| Dated: September 29, 2008 | |||
