Amendment to Agreement between Synergetics USA, Inc. and Greenway Capital et al. (April 15, 2010)

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment extends the original agreement dated October 19, 2009, between Synergetics USA, Inc. and Greenway Capital (including related entities and Steven R. Becker) from April 19, 2010, to June 21, 2010. All other terms of the original agreement remain unchanged. During the extension, the parties will continue discussions about appointing a new, mutually acceptable independent board member for Synergetics USA, Inc. Both parties have agreed to and signed this amendment.

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EX-10.1 2 c57676exv10w1.htm EX-10.1 exv10w1
Exhibit 10.1
Amendment To Agreement
Via USPS Express Mail
April 15, 2010
Mr. Steven Becker
Partner
Greenway Capital
300 Crescent Court, Suite 1111
Dallas, TX 75201
Re:     Amendment To Our Agreement Of October 19, 2009
Dear Steve:
We have discussed the advisability of extending the above referenced Agreement from April 19, 2010 to June 21, 2010, with all other terms and conditions remaining the same as set forth in the Agreement dated October 19, 2010. During this period, we will continue to discuss the appointment of one (I) new, mutually acceptable, independent Board member of Synergetics USA, Inc., and related matters.
If this amendment is in keeping with your understanding, please indicate your agreement below on both originals, keep one original for your records, and return a signed original for our records.
We look forward to continuing our cooperation on this matter.
Yours truly,
/s/ Robert H. Dick
Robert H. Dick
RHD/rd
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed on its behalf as of the day and year first above written.

 

 

SYNERGETICS USA, INC.
         
     
  By:   /s/ Robert H. Dick  
  Name:   Robert H. Dick  
  Title:   Chairman  
 
/s/ Steven R. Becker
 
Steven R. Becker
BC ADVISORS, LLC
         
     
  By:   /s/ Steven R. Becker  
    Steven R. Becker, Member   
       
 
SRB MANAGEMENT, L.P.
By:  BC Advisors, LLC, and its General Partner
         
     
  By:   /s/ Steven R. Becker  
    Steven R. Becker, Member   
       
 
SRB GREENWAY OPPORTUNITY FUND, L.P.
By: /s/ Steven R. Becker , its General Partner
         
     
  By:      
  Name:      
  Title:      
 
SRB GREENWAY OPPORTUNITY FUND (Q.P.), L.P.
By:  BC Advisor, LLC, and its General Partner
         
     
  By:   /s/ Steven R. Becker  
    Steven R. Becker, Member