0001362310-09-005178 Sample Contracts

THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 10th, 2009 • Image Entertainment Inc • Services-motion picture & video tape distribution

THIS THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER (the “Amendment”), is dated as of April 8, 2009, by and among Nyx Acquisitions, Inc., a Delaware corporation (“Parent”), The Conceived Group, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Image Entertainment, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Merger Agreement (as defined below).

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