AMENDMENT TO ROYALTY RIGHTS AGREEMENT
EXHIBIT 10.4
AMENDMENT TO ROYALTY RIGHTS AGREEMENT
This Amendment amends that certain Royalty Rights Agreement (“Agreement”) made and entered into this first day of June 2010, by and between Moving Box Entertainment, LLC, its successors and assigns, a North Carolina limited liability company of 000 Xxxx Xxxxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxxx 00000 (“Moving Box”), and Xxxxxxx, LLC, its successors and assigns, a Kentucky limited liability company of 000 Xxxxxxxx Xxx, Xxxxxxxxx, Xx 00000, Xxx XxXxxxxx, #2302, 0000 Xxxxxx Xxx Xxxxxxxxx, Xxxxxx Xxxxxxx, Xxxxxxx 00000, and Xxxx Xxxxxx, XX Xxx 000, Xxxxxxxx, Xxxxxxx 00000 (Xxxxxxx, LLC, Xxx XxXxxxxx, and Xxxx Xxxxxx are hereinafter collectively referred to as “Investors”).
Moving Box and the Investors agree that notwithstanding any provision of the Agreement to the contrary, following distribution to Investors under Section 2.2, no funds shall be distributed to Investors, and Investors waive their rights to any distributions, until Moving Box shall have distributed up to its parent Moving Box, Inc. an amount equal to all funds necessary to repay in full any funds loaned or advanced to Moving Box, Inc. by its president Xxxxxxx Xxxxxxx Xx., including but not limited to that certain promissory note from Moving Box, Inc. to Xxxxxxx Xxxxxxx, Xx. in the amount of $110,200, in accordance with the terms of that note, and any funds advanced by Xxxxxxx Xxxxxxx, Xx. to fund operations of Moving Box, Inc.
Moving Box and the Investors further agree that no distributions shall be made to Investors under Section 2.2 or any other provision of this Agreement until Moving Box shall have shall have distributed up to its parent Moving Box, Inc. an amount equal to all funds necessary to fund operating expenses of Moving Box, Inc. on an on-going basis.
This Amendment to Agreement has been executed by the parties either individually or by and through their duly-authorized officers, owners or agents as of January 13, 2011.
MOVING BOX ENTERTAINMENT,LLC
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By: |
/s/ Xxxxxxx Xxxxxxx
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Title: |
Principal
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INVESTORS: | |||
XXXXXXX, LLC | |||
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By:
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/s/ Xxxx Xxxxx, Principal | |
/s/ Xxx Xxxxxxxx | |||
/s/ Xxxx Xxxxxx |