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FIRST AMENDMENT TO
SETTLEMENT AGREEMENT AND RELEASE
This First Amendment to Settlement Agreement and Release
(this "Amendment") is made and entered into as of the 8th day of
October, 1996, by and between The Xxxxx Corporation ("Xxxxx"), a
Massachusetts corporation with a principal place of business at
000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, and Liquidity
Financial Group, L.P. ("Liquidity") individually and on behalf of
certain Affiliates as defined in the Agreement (as hereinafter
defined), a California limited partnership with a principal place
of business at 0000 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx,
Xxxxxxxxxx 00000.
WITNESSETH:
WHEREAS, the parties entered into a Settlement Agreement and
Release dated the 27th day of June, 1996 (the "Agreement") and
desire to the amend the Agreement, to eliminate a possible
ambiguity, as hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties hereto hereby agree as follows:
1. Section 4(d), of the Agreement shall be and hereby is
amended by adding, at the end of said section following the semi-colon, the
following clause:
provided, however, that Liquidity and Liquidity
Affiliates shall not be deemed to be acting in a
"group" in violation of this Section 4(d) solely by
virtue of their voting their interests in compliance
with Section 4(a) of this Agreement;
2. Except as expressly set forth above, the Agreement
shall remain in full force and effect without amendment or
modification.
IN WITNESS WHEREOF, the parties have executed this Agreement
under seal as of the date first above written.
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LIQUIDITY FINANCIAL GROUP, L.P. THE XXXXX CORPORATION
By: Liquidity Financial
Corporation, its general partner
By:/s/ Xxxxx Xxxxxxxxx By:/s/ Xxxxxxxx Xxxxxx
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Xxxxx Xxxxxxxxx Xxxxxxxx Xxxxxx
President President
