Aldabra Acquisition Corporation
Aldabra Acquisition Corporation
c/o Terrapin Partners LLC
Rockefeller Center
000 Xxxxx Xxxxxx
0xx Xxxxx
Xxx Xxxx,
Xxx Xxxx 00000
March 16, 2006
Continental Stock Transfer & Trust Company
00 Xxxxxxx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxxxx X.
Xxxxxx
Xxxxxx Xxxxxx & Co. Inc.
000 Xxxxx
Xxxxxx
00xx Xxxxx
Xxx Xxxx, Xxx Xxxx 00000
Attn: Xxxx Xxxxxx
Re: Investment Management Trust Agreement
Gentlemen:
Reference is made to that certain Investment Management Trust Agreement (the "Agreement"), dated as of February 17, 2005, between Aldabra Acquisition Corporation ("Company") and Continental Stock Transfer & Trust Company. Section 1(c) is hereby deleted in its entirety and replaced with the following:
"(c) In a timely manner, upon the instruction of the Company, to invest and reinvest the Property in United States "government securities" within the meaning of Section 2(a)(16) of the Investment Company Act of 1940 having a maturity of 180 days or less, and/or in any open ended investment company registered under the Investment Company Act of 1940 that holds itself out as a money market fund selected by the Company meeting the conditions of paragraphs (c)(2), (c)(3) and (c)(4) of Rule 2a-7 promulgated under the Investment Company Act of 1940; as determined by the Company;"
Except as indicated above, the Agreement shall remain in full force and effect.
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ALDABRA ACQUISITION CORPORATION | |||||||||
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By: | |
/s/ Xxxxx Xxxxx | |||||||
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Name:
Xxxxx Xxxxx Title: Chief Executive Officer |
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Acknowledged and agreed this
16th day of March, 2006
CONTINENTAL
STOCK TRANSFER &
TRUST COMPANY
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| By: | /s/ Xxxxxx Xxxxxx
Name: Xxxxxx Xxxxxx Title: Chairman |
The undersigned is required to consent to this amendment pursuant to Section 5(c) of the Investment Management Trust Agreement and hereby does so.
XXXXXX XXXXXX & CO. INC.
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| By: | /s/ Xxxxxxx
Xxxxxx
Name: Xxxxxxx Xxxxxx Title: Managing Director |
