SECOND MODIFICATION AND AMENDMENT AGREEMENTSecond Modification and Amendment Agreement • December 7th, 2010 • NXT Nutritionals Holdings, Inc. • Sugar & confectionery products • New York
THIS SECOND MODIFICATION AND AMENDMENT AGREEMENT (“Agreement”) is made effective this ___th day of December, 2010 (the “Execution Date”), by and among NXT Nutritionals Holdings, Inc., a Delaware corporation (the “Company”), and each of the investors set forth on the signature page hereto (individually, an “Investor” and collectively, the "Investors"). Parties to this Agreement are individually referred to as the “Party,” and collectively referred to as the “Parties.” Capitalized terms used herein but not otherwise defined shall the meanings ascribed to them in the Transaction Documents (defined below).
