FIRST MODIFICATION AND AMENDMENT AGREEMENTFirst Modification and Amendment Agreement • November 10th, 2011 • NXT Nutritionals Holdings, Inc. • Sugar & confectionery products • New York
Contract Type FiledNovember 10th, 2011 Company Industry JurisdictionTHIS FIRST MODIFICATION AND AMENDMENT AGREEMENT (“Agreement”) is made effective this 4th day of November, 2011 (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, a “Holder” and collectively, the “Holders”). 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).