0000913355-03-000035 Sample Contracts

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT
Investors' Rights Agreement • March 12th, 2003 • Optimark Holdings Inc • Services-business services, nec • Delaware
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Employment Agreement • March 12th, 2003 • Optimark Holdings Inc • Services-business services, nec • New York

AMENDMENT NO. 4, dated as of January 31, 2003 (the “Amendment”) to the EMPLOYMENT AGREEMENT dated as of August 16, 2001 (as previously amended, the “Agreement”), between OPTIMARK HOLDINGS, INC., a Delaware corporation (the “Company”), and ROBERT J. WARSHAW, an individual (the “Executive”). Capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement. All references below to “Sections” are to the corresponding Sections of the Agreement.

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