NEWGISTICS, INC. OMNIBUS AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT THIRD AMENDED AND RESTATED CO-SALE AND FIRST REFUSAL AGREEMENT THIRD AMENDED AND RESTATED VOTING AGREEMENTInvestors’ Rights Agreement, Co-Sale and First Refusal Agreement, Voting Agreement • March 9th, 2011 • Newgistics, Inc
Contract Type FiledMarch 9th, 2011 CompanyTHIS OMNIBUS AMENDMENT NO. 1 (this “Amendment Agreement”) is entered into as of April 11, 2003 by and among Newgistics, Inc., a Delaware corporation (the “Company”), certain of the Investors and the Founders set forth on Schedules A and B, respectively, to Third Amended and Restated Investors’ Rights Agreement (the “Investors’ Rights Agreement”), certain of the Investors and the Founders set forth on Schedules A and B, respectively, to Third Amended and Restated Co-Sale and First Refusal Agreement (the “Co-Sale Agreement”) and certain of the Stockholders set forth on Schedules A and B to Third Amended and Restated Voting Agreement (the “Voting Agreement”), each dated as of September 30, 2002. Capitalized terms used herein but not defined herein shall have the respective meanings ascribed to them in the Investors’ Rights Agreement, the Co-Sale Agreement or the Voting Agreement, as applicable.