AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 8th, 2007 • Digital Music Group, Inc. • Patent owners & lessors
THIS AMENDMENT NO. 1, dated as of November 7, 2007 (this “Amendment”), amends the Second Amended and Restated Agreement and Plan of Merger (the “Merger Agreement”), dated as of October 5, 2007, by and among The Orchard Enterprises Inc., a New York corporation (the “Orchard”), Digital Music Group, Inc., a Delaware corporation (“DMGI”), and DMGI New York, Inc., a New York corporation (“Merger Sub”).
