FOURTH MODIFICATION AND AMENDMENT AGREEMENTFourth Modification and Amendment Agreement • November 10th, 2011 • NXT Nutritionals Holdings, Inc. • Sugar & confectionery products • New York
THIS FOURTH 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 holders of Securities (defined below) 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).
