AGREEMENT AMONG FILING PARTIES
THIS AGREEMENT is made and entered into on December 11, 1997, by and among
Crow Family Partnership, L.P., a Delaware limited partnership, CFH Trade Names,
L.P., a Texas limited partnership, Crow Family, Inc., a Texas corporation, and
Xxxxxx X. Xxxx (collectively referred to herein as the "FILING PARTIES").
WHEREAS, Rule 13d-1(f)(1)(iii) under the Securities Exchange Act of 1934,
as amended (the "ACT"), requires that, when a Schedule 13D is filed on behalf of
more than one person, an agreement be executed and filed as an exhibit to the
Schedule 13D reflecting that the Schedule 13D is being filed on behalf of all
such persons:
NOW, THEREFORE, in consideration of the premises and the mutual promises
stated herein, the Filing Parties hereby agree as follows:
(i) Each Filing Party agrees that a single Schedule 13D (and any
amendments thereto) shall be filed jointly on behalf of all the Filing Parties
with respect to the shares of common stock, $.01 par value per share, of
Xxxxxxxx Xxxx Company, a Delaware corporation.
(ii) Each Filing Party acknowledges and agrees that, pursuant to
Rule 13d-1(f)(1) under the Act, each Filing Party individually is (i) eligible
to use the Schedule 13D and (ii) responsible for the timely filing of such
Schedule 13D and any amendments thereto and for the completeness and accuracy of
the information concerning such Filing Party contained in such Schedule 13D.
None of the Filing Parties, however, shall be responsible for the completeness
or accuracy of information concerning any other Filing Party contained in such
Schedule 13d, or any amendments thereto, unless such Filing Party knows or has
reason to believe that such information is incomplete or inaccurate.
(iii) This agreement shall not be assignable by any Filing Party. Any
assignment in violation of the foregoing shall be null and void.
(iv) This agreement shall terminate upon the written notice of termination
given by any Filing Party to the other Filing Parties.
(v) This agreement may be executed in several counterparts, each of which
shall be deemed to be an original copy hereof.
IN WITNESS WHEREOF, the undersigned hereby executed this Agreement Among
Filing Parties as of the date or dates indicated below.
DATED: December 11, 1997 CROW FAMILY PARTNERSHIP, L.P.,
a Delaware limited partnership
By: CROW FAMILY, INC., a Texas corporation
and its General Partner
By: /s/ Xxxxxx X. Xxxx
-------------------------------------
Xxxxxx X. Xxxx
Chief Executive Officer
DATED: December 11, 1997 CFH TRADE NAMES, L.P., a Texas limited
partnership
By: CROW FAMILY, INC., a Texas corporation
and its General Partner
By: /s/ Xxxxxx X. Xxxx
-------------------------------------
Xxxxxx X. Xxxx
Chief Executive Officer
DATED: December 11, 1997 CROW FAMILY, INC.
By: /s/ Xxxxxx X. Xxxx
------------------------------------------
Xxxxxx X. Xxxx
Chief Executive Officer
DATED: December 11, 1997
/s/ Xxxxxx X. Xxxx
---------------------------------------------
Xxxxxx X. Xxxx
