MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • June 23rd, 2003 • United Park City Mines Co • Land subdividers & developers (no cemeteries)
The undersigned parties to the action now pending in the Third Judicial District Court in and for Summit County, Utah (the "Court"), entitled Pennsylvania Avenue Partners LLC v. United Park City Mines Co., et al., Case No. 030500337 (the "Action"), have reached an agreement in principle providing for the settlement of the Action on the terms and subject to the conditions set forth below.
FIRST AMENDMENT TO REINSTATEMENT OF AGREEMENT AND PLAN OF MERGERReinstatement of Agreement and Plan of Merger • June 23rd, 2003 • United Park City Mines Co • Land subdividers & developers (no cemeteries) • Delaware
This First Amendment to Reinstatement of Agreement and Plan of Merger (this "Amendment") is dated as of June 20, 2003, by and among Capital Growth Partners LLC, a Utah limited liability company (the "Purchaser"), United Park City Mines Company, a Delaware corporation (together with its Subsidiaries, the "Company"), Loeb Investors Co. XL, a New York partnership ("Seller" or "Loeb"), and CGP Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of the Purchaser ("Merger Subsidiary").
