SECOND AMENDMENT TO CONFIDENTIAL LICENSE AGREEMENT FOR THE Wii CONSOLE (Western Hemisphere)

EX-10.1 2 v335856_ex10-1.htm EXHIBIT 10.1

Exhibit 10.1

 

SECOND AMENDMENT TO

CONFIDENTIAL LICENSE AGREEMENT

FOR THE Wii CONSOLE

(Western Hemisphere)

 

THIS SECOND AMENDMENT ("Second Amendment") amends that certain Confidential License Agreement for the Wii Console (Western Hemisphere) effective February 21, 2007 between Nintendo of America Inc. ("Nintendo") and Majesco Entertainment Company (“Licensee") (“Agreement”).

 

RECITALS

 

WHEREAS, Nintendo and Licensee entered into the Agreement;

 

WHEREAS, the Agreement (as amended) currently expires on February 20, 2013, and the parties now desire to extend the Term (as such term is defined in the Agreement) of the Agreement as set forth below.

 

AMENDMENT

 

NOW, THEREFORE, the parties agree as follows:

 

1.The definition of “Term” as set forth in Section 2.24 of the Agreement is hereby deleted in its entirety and replaced with the following:

 

“’Term’ means nine (9) years from the Effective Date.”

 

2.The Term of the Agreement shall now expire on February 20, 2016.

 

3.All other terms and conditions of the Agreement shall remain in full force and effect. This Second Amendment may be signed in counterparts, which together shall constitute one original Second Amendment.

 

4.Signatures provided by facsimile or by email (i.e., a scanned document) shall be the equivalent of originals.

 

This Second Amendment shall be effective as of February 20, 2013.

 

IN WITNESS WHEREOF, the parties have entered into this Second Amendment.

 

 

NINTENDO: LICENSEE:
   
Nintendo of America Inc. Majesco Entertainment Company
   
By: /s/ James R. Cannataro By: /s/ Jesse Sutton
   
Name: James R. Cannataro Name: Jesse Sutton
   
Its: EVP, Administration Its: CEO