0001188112-12-001365 Sample Contracts

AMENDMENT NO. 1 TO JOINT FILING AND SOLICITATION AGREEMENT
Joint Filing and Solicitation Agreement • May 3rd, 2012 • Privet Fund LP • Retail-eating places

WHEREAS, Privet Fund LP (“Privet Fund”), Privet Fund Management LLC (“Privet Management”), Ryan Levenson (“Levenson”), Ben Rosenzweig (“Rosenzweig” and, together with Levenson, Privet Management and Privet Fund, the “Privet Parties”), Todd Diener (“Diener”), and James Pappas (acting on his own behalf and on behalf of the following entities (together with Mr. Pappas, the “JCP Parties”) that are controlled by Mr. Pappas: JCP Investment Partnership, LP, JCP Investment Partners, LP, JCP Investment Holdings, LLC, and JCP Investment Management, LLC) entered into a Joint Filing and Solicitation Agreement on February 3, 2012 (the “Agreement”); and

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