0001299933-10-000343 Sample Contracts

FIRST AMENDMENT TO LOCK UP AND PLAN SUPPORT AGREEMENT
Lock Up and Plan Support Agreement • January 28th, 2010 • FX Real Estate & Entertainment Inc. • Real estate • New York

Whereas, pursuant to that certain Lock Up and Plan Support Agreement (as amended, supplemented or otherwise modified through the date hereof, the “Lock Up”; capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Lock Up), dated as of December 18, 2009, by and between the Parties, the Parties agreed, subject to the terms and conditions set forth therein, to take, and forego from taking, certain actions in respect of the Transaction; and

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