National Service Industries, Inc. NSI CENTER 1420 Peachtree Street, NE Atlanta, Georgia 30309-3002 (404) 853-1000
EXHIBIT 10(i)A4
| National Service Industries, Inc. | NSI CENTER 0000 Xxxxxxxxx Xxxxxx, XX Xxxxxxx, Xxxxxxx 00000-0000 (000) 000-0000 | |
| [GRAPHIC APPEARS HERE] | Xxxxx Xxxxx Xxxxxx Senior Vice President, General Counsel, and Secretary | |
| June 3,2003 | (404) 853-1281 (000) 000-0000 FAX xxxxx.xxxxxx@xxxxxxxxxxxxxxx.xxx | |
Acuity Brands, Inc.
Attention: Xxxxxx W, Xxxxxx
0000 Xxxxxxxxx Xxxxxx, XX, Xxxxx 0000
Xxxxxxx, Xxxxxxx 00000-0000
| Re: | Agreement and Plan of Distribution (the “Distribution Agreement”), dated as of November 30, 2001, by and between National Service Industries, Inc. and Acuity Brands, Inc. |
Dear Xxx:
Reference is hereby made to the Distribution Agreement. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Distribution Agreement.
Notwithstanding anything contained in Section 2. 10(a)(ii) of the Distribution Agreement to the contrary, the parties agree that: (a) SpinCo shall be permitted to manufacture products using labels, containers or other product literature bearing the “National Service Industries, Inc.” name, logo and any other trademark or service xxxx or other intellectual property included in the Parent Assets until November 30, 2003; and (b) SpinCo shall be permitted to ship products described in clause (a) above until November 30, 2004.
All other terms and provisions of the Distribution Agreement shall remain and continue in full force and effect. Please indicate your concurrence with the foregoing by executing and retuning a copy of this letter to the undersigned.
| Sincerely, | ||
| NATIONAL SERVICE INDUSTRIES, INC. | ||
| By: |
/s/ Xxxxx Xxxxx Xxxxxx | |
| Xxxxx Xxxxx Xxxxxx Senior Vice President, General Counsel, and Secretary | ||
AGREED TO AND ACCEPTED THIS
4th DAY OF June, 2003:
| ACUITY BRANDS, INC. | ||
| By: |
/s/ Xxxxxx X. Xxxxxx | |
| Xxxxxx X. Xxxxxx Senior Vice President and General Counsel | ||
