Symphony and Tennenbaum are collectively referred to as "Parties", each being a "Party".
In addition, this Agreement may be terminated at the option of the Holder if Tennenbaum Capital Partners terminates that certain Consent Agreement between it and the Company dated as of August 24, 2005.
WHEREAS: Tennenbaum and Symphony wish to amend the Option Agreement in certain respects.
We are also pleased to disclose our partnership with Tennenbaum Capital, who is a co-signer to this letter, in pursuit of this transaction.
Effective upon the execution and delivery of this Amendment by Tennenbaum and Symphony, the Option Agreement shall be amended as follows: 1.1 Purchase Price.