April 17, 2009 VIA ELECTRONIC MAIL Nyx Acquisitions, Inc. c/o Q-Black, LLC 43 Norfolk San Francisco, CA 94110 Attention: Joe Q. BretzVia Electronic Mail • April 23rd, 2009 • Image Entertainment Inc • Services-motion picture & video tape distribution
Reference is made to that certain Agreement and Plan of Merger, dated as of November 20, 2008, as amended on February 27, 2009, March 24, 2009 and April 8, 2009 (as amended, the “Merger Agreement”), among Image Entertainment, Inc. (“Image”), Nyx Acquisitions, Inc. and The Conceived Group, Inc. (collectively, “Nyx”). Capitalized terms not otherwise defined in this letter shall have the meanings ascribed to them in the Merger Agreement.
