Xxxxx 0, 0000
Xxxxxx & Xxxxx, Inc.
000 Xxxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
Babbage's Etc. LLC
0000 Xxxxxxx X. Xxxx Xxxxxx
Xxxxxxxxx, Xxxxx 00000
Ladies and Gentlemen:
On April 21, 1999, Babbage's Etc. LLC ("Babbages") entered into a
confidentiality letter agreement (the "Original Confidentiality Agreement") with
Funco, Inc. ("Funco"). In order for Funco to proceed with discussions with
Babbages and Xxxxxx & Xxxxx, Inc. ("Xxxxxx & Noble") regarding a possible
transaction, it is necessary to supplement the Original Confidentiality
Agreement in the following respects:
1. Babbages and Xxxxxx & Xxxxx hereby understand and agree that,
without the prior written consent of the Company, they and their subsidiaries,
directors, officers, employees, agents and advisors will not, directly or
indirectly, in any manner, request, induce or influence any employee of Funco to
leave his or her employment with Funco or its affiliates, for a period
commencing as of the date of the Original Confidentiality Agreement and ending
on March 31, 2002.
2. Xxxxxx & Noble hereby agrees that it shall be bound by the Original
Confidentiality Agreement, as supplemented hereby, as if it were Babbages, and
all obligations of Babbages in the Original Confidentiality Agreement shall be
deemed to be joint and several obligations of Xxxxxx & Xxxxx and Babbages.
3. The Original Confidentiality Agreement, as supplemented hereby,
shall remain in full force and effect.
Very truly yours,
FUNCO, INC.
By: /s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxxx
Title: President
Agreed to and Accepted this 7th day of April, 2000:
XXXXXX & NOBLE, INC.
By: /s/ Xxxxxxx Xxxxxxxx
Name: Vice President and Treasurer
Title: Xxxxxxx Xxxxxxxx
BABBAGE'S ETC. LLC
By: /s/ Xxxxx X. Xxxxxxx
Name: Xxxxx X. Xxxxxxx
Title: VP-CFO
