First Amendment to 10b5-1 Issuer Securities Repurchase Instructions between Nathan’s Famous, Inc. and Mutual Securities, Inc.

Contract Categories: Business Finance › Repurchase Agreements
Summary

Nathan’s Famous, Inc. and Mutual Securities, Inc. have amended their previous agreement regarding the repurchase of Nathan’s Famous common stock. The amendment extends the repurchase period to August 10, 2010, and sets a new maximum aggregate purchase price of $4,200,000, including all related fees and expenses. All other terms of the original agreement remain unchanged. This amendment is effective as of November 6, 2009, and is governed by New York law.

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EX-10.4 4 v164704_ex10-4.htm
EXHIBIT 10.4

First Amendment to 10b5-1 Issuer Repurchase Instructions

This first amendment to Issuer Securities Repurchase Instructions between Nathan’s Famous, Inc. (the “Issuer”) and Mutual Securities, Inc. (the “Broker”) is dated as of November 6, 2009.

WITNESSETH

WHEREAS, the Issuer and the Broker are parties to 10b5-1 Issuer Repurchase Instructions dated February 5, 2009 (the “Instructions”); and

WHEREAS, the Issuer and the Broker desire to amend the Instructions in accordance with the terms hereof (“First Amendment”).

NOW, THEREFORE, the Issuer and Broker hereby agree as follows:

1.  
Subsection 2(a) is hereby amended to read as follows:

“August 10, 2010;”

2.  
Subsection 2(b) is hereby amended to read as follows:

“such time as the aggregate purchase price for all shares of Common Stock purchased under these Instructions equals Four Million Two Hundred Thousand Dollars ($4,200,000.00), including without limitation all applicable fees, costs and expenses;”

3.  
Exhibit A is hereby replaced in the form annexed hereto.

4.  
Except as specifically amended by this First Amendment, the Instructions shall remain in full force and effect in all respects as originally executed.

5.  
This First Amendment may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.  This Amendment shall be governed by the laws of the State of New York.

IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the first date written above.
 
  Nathan’s Famous, Inc.  
       
-
By:
/s/ Ronald DeVos  
    Name:  Ronald DeVos  
    Title:    Chief Financial Officer  
       
       
  Mutual Securities, Inc.  
       
  By: /s/ Mitch Voss  
    Name:  Mitch Voss  
    Title:    Compliance Officer